A 55-year-old man from a Northeastern community in Dominica is to be sentenced tomorrow following his conviction of unlawful sexual connection and indecent assault against his niece.
A nine member jury on March 22, 2021, found the man guilty of fondling the victim’s breast and inserting his finger in her private parts in 2017 when the child was 8-years-old.
At the sentencing hearing on May 4, 2021, attorney for the convict, Dawn Yearwood Stewart, pleaded with the court to impose a non-custodial sentence.
While admitting that some of the aggravating factors which go against her client are the breach of trust, the age gap between man and child and the exploitation of a child as well as the fact the victim has suffered embarrassment, stress and emotional damage due to the situation and the level of discomfort and disappointment suffered by the entire family, Stewart pointed to her clients level of cooperation with the police, his level of remorse, the support from his community and the fact that he has no previous conviction as mitigating factors in his favour.
“There are no winners,” Stewart told the court. “There cannot be winners in such matters.”
She continued, “There was a level of trust as several of the State witnesses stated that the child had slept in the same bed with her uncle on several occasions. A once-close family has been broken from this situation and the family needs to heal…the prisoner has been punished for the offense as he was beaten by family members from the time the allegations were made.”
The defense attorney argued that the convict does not present any damage to the public or the victim, as many have considered him a “model citizen,” indicating a prospect of rehabilitation.
The attorney further told the court that based on the convicts mother’s age, she is strongly dependent on him and his absence from the household has created a void.
“So I ask the court since he is a first time offender, a custodial sentence should not be imposed on him and My Lady, I humbly suggest you depart from the sentencing guidelines. If a custodial sentence is imposed, we ask that it be suspended,” Stewart pleaded.
However, State attorney Daina Matthew told the court that the prosecution is requesting a custodial sentence given the circumstances.
Matthew said that though there are instances where the court can step away from the sentencing guidelines, that is, exceptional circumstances where such departure can be justified, she is of the view that the defense attorney has presented none and a non-custodial sentence would not be in the interest of justice.
According to her, the aggravating factors outweigh the mitigating factors and the seriousness of the offense is high.
“So it would be very difficult for the court, when considering the starting point that is suggested by the guideline, to even reach anything near a noncustodial sentence,” Matthew posited.
She advised the court that a suspended sentence can only be considered when the Judge’s final sentence is two years or less.
The State attorney further pointed to the need to emphasize public disapproval for sexual matters and says the sentencing imposed by the court should serve as a warning for other perpetrators who may violate another person sexually.
She added that the personal circumstances of the offender should take second place behind the plain duty of the court to protect victims of sexual attacks and to reflect the clear intention of parliament that offenses of these kinds should be met with greater severity than may have been the case in former years.
The maximum penalty for unlawful sexual connection is 10 years in prison whilst indecent assault carries a penalty of 14 years in prison.
The prosecutor suggested that the court should consider a starting point of 65% of the maximum sentence which would be eight years and nine months for the offense of indecent assault and six years and three months for unlawful sexual connection with the sentences running concurrently.
In arriving at this sentence, Matthew said some factors taken into account is the fact that though the convict has apologized to the victim, he continues to maintain his innocence which she believes does not demonstrate genuine remorse.
The mitigating facts which she says go in his favour is the fact that he is of good character which family members and his community have spoken of.
The matter was adjourned to tomorrow May 7, 2021, for sentencing.
Dominica News Online (DNO) has not published the name of the offender in order to protect the identity of the victim.
Smh mother’s stop allowing your children To sit on uncle and even daddy, my husband did that to our very own child is not get he wasn’t getting I’m a hot girl for him, they just never control themselves..Those bastards love the feeling when the innocent ones sitting on them playing and rubbing on the …. innocently..they like it and it drives them crazy hence the reason they snieak in our little girls. Nasty they nasty and corrupt. Cut their damn balls when they do day man de law should have it but then again men in position do it alot so they will never make law against themselves..let’s pray and watch over our children.
Is he still your husband? And if so, why?
Grace, all you women just like to cut like is a big joke for all you. All those woman that like to molest little boys, and it HAVE! can we cut their private parts off also? Can we cut off their boobs and perform female circumcision on them as well? fair is fair. Equality.
Grace, all you women just like to cut like is a big joke for all you. All those woman that like to molest little boys, and it HAVE! can we cut their private parts off also? Can we cut off their boobs and perform female circumcision on them as well? fair is fair. Equality.
The Government should introduce a policy for these sex offenders.
When they have finish their sentence, open up a file, so they have to report and sign
A register at the police station (3) Three times a day…..
MY OPINION
Great idea but not in dominica. That is against themselves so it will never happen smh
Once it is proven beyond any doubt that these poor representations of a man sexually abused our little innocent angels these scumbags should be immediately castrated. That’s it.
The defense attorney has to defend….but she is forgetting that the law was broken…..not any nonesense like age difference etc. This child needs to grow older to put herself together, while this man stays in jail for a while. This poor child must be scared of this man so he needs to be away from her.
Crimes like these should be accompanied with corpral punishment. Every year for the ten years he should get a reminder about why he is there. Grown men preying of impressionable children. What makes it worse is that she is his niece. His own family. These things have happened for years, and usually families sweet them under the rug because they dont want uncle to get in trouble. but Id have had to pray to God for wisdom, because if he give me the strength??? no more uncle.
At the sentencing hearing on May 4, 2021, attorney for the convict, Dawn Yearwood Stewart, pleaded with the court to impose a non-custodial sentence.
This attorney should be shame. Attorneys such as this one should be held as the lowest of the low, as in my opinion, they defend such actions of the accused and others like him when they decide to represent them in court. It is not only the ones committing such acts, but also those who defend them that should be held accountable.
Is there an unusual manner of reporting these incidents on DNO? I recall that Wesley appears ver prominent when some criminal act is conducted whether or not the perpetrator lives at or is from wesley. Yet in this instance DNO tries to protect the involved comunity by claiming that the perpetrator is from the north-east. Is it me or is it just apparent to me? eh DNO!
ADMIN: It is an effort to protect the identity of the victim and spare her from further emotional or psychological harm. If the community or the identity of the convicted is disclosed it could potentially reveal the identity of victim.
As bad as it is and as disgraceful as it is, I must admit that in recent times not only bare foot men are involved in this as we all know in recent times we heard the names of senior politicians, law makers and even spiritual leaders. Unfortunately, those big boys that make laws have always left a legal way of escape for themselves while the poor barefoot men are the ones that always going to jail. But I feel sorry for these young children whose lives have been destroyed and somehow we have a government that’s always busy to go to parliament to put put legislation in place to protect them and their interests but cannot find time to put things in place to protect poor people’s children. What a sad state we in boy
I have always said until it reaches home they will change the law. Sad our children are in trouble with these men that can’t control their stick when it stands..they always feel they must stick it in somewhere. It stands for even babies..they see babies innocent vagie they want to abuse it too. Sad so sad. Control allu minds men. Men abuse their girls smh it takes a strong child to report. they come like a snake. Teach those bastards a lesson. I am so vex eh though is not.my child but I have children too.
The Lawyer who is defending him and talking all these ‘nice’ talk, should be jailed too.
It’s high time these offenders are made examples out of.
God forbid is my daughter he had done that too, I would have been the one on trial.
If defendants can’t have counsel, there cannot be justice.
What you expect to happen when we have a government in office for 20 yrs and has done nothing to protect our children especially our young girls? In fact it’s less than 5 yrs when a government minister was charged for inappropriate behaviour with a minor and Skerrit took over the case and instead of making the man serve as an example Skerrit describes the man a good man that has grown 6ft and they made a soup with the case. So when we teach and uphold that kind of thing what you expect?
The person dislikes this comment is also part of the problem and supports politicians abusing their positions of power. This is complete truth and has been documented on previous articles. Skerrit said the man grew 6th ft for stepping down – the man was accused of molesting a young girl at the girls home while her parents and family were there. It wasnt hearsay it was fact. He had no choice but to step down to prevent further embarrassment to the party and Cabinet. 6 ft tall. He wasnt 6ft tall when he was pressing himself up against the little girl ?
What I would really want to write would get me in trouble and most certainly DNO would not publish it and I understand. So now that I have cooled down, my simple question to lawyer Yearwood is: would you make the same request if the victim was your daughter, grand daughter, niece? Do you really have the youth’s interest at heart? Or has money turned your human faculties into animalistic emotions??🙄🤔😡
HOTEP!
The lawyer is a DEFENCE lawyer….
IT IS THEIR JOB TO DEFEND!!!!!
The jury makes the decision of Gulity or Not Guilty
#JustSaying
Dominica News Online (DNO) has not published the name of the offender in order to protect the identity of the victim.
Has not means you all will publish the name right? Smh so the child s identity will still not be protected
There are just too many cases of child sexual abuse in Dominica. An unmistakable message should be sent by the judge to those would-be perpetrators of similar offences.
Why so many cases of this nature in recent years? The judge should impose the maximum penalty in these cases as there are no mitigating circumstances for sexually abusing an eight year old (minors).
Congratulations Daina Matthew, l’m so very proud of you. You are a strong role model both in and out of the court. Contine to use your platforms to fight for the rights and protection of our young girls.
That child will be scarred for LIFE .. ten years is nothing. Go to jail
and get raped to death in prison by the inmates is justice in my eyes…