Marigot man sentenced to four years in prison for unlawful sexual connection and indecent assault

Paul Guiste

A father of 11 residing in Marigot, Paul Guiste has been sentenced to prison for four years, eight months and 21 days following his guilty plea to Unlawful Sexual Connection (USC) and indecent assault against a 19-year-old girl.

On May 9, 2018, at about 5:30 a.m. at Marigot, the Virtual Complainant (VC) left her home to run an errand in the village.  She stopped a passenger bus which was driven by Guiste.

There he propositioned her for sexual favours offering her $40.00 but she stated to him, “I don’t do sex for money.”

The VC entered the bus and Guiste drove off at high speed causing her to fall back and hit her head on the seat of the bus.

The victim’s evidence further stated that the then 52-year-old man drove to an isolated area known as the Farm Road in Marigot where he switched off his engine and then pried open her legs with one hand and the other he used to masturbate.

Guiste then locked the young adult inside the bus and stepped away to answer a call at which time she stated she was scared and started panicking.

Upon his return to the bus, he then pried open her legs and performed oral sex on her.  He then attempted to initiate intercourse without her consent but stopped after the victim pleaded with him.

Following his guilty pleas to the court on June 2, 2021, the Judge ordered a Social Inquiry report and submissions from the State and defense attorney which Justice Wynante Adrien-Roberts said was used in constructing her sentence.

While Justice Adrien-Roberts said judicial authorities set the maximum penalty for the offense of USC at 14 years imprisonment and indecent assault at 5 years if committed on a person 16 years and older, she explained that views held by the public that the maximum penalty set by law is the penalty that must be imposed on a defendant are a “gross misconception.’”

“The maximum sentence can only be imposed in cases considered the worst of the worst,” the Judge explained.

However, she stated the starting point of the sentence must be established upon application of the sexual offenses guideline which prescribes a six-step process for arriving at the sentence.

In establishing the starting point for the offense, Justice Adrien-Roberts said the court assessed the evidence and factored in the harm caused to the victim.

In the report by the welfare officer, the victim said she was traumatized and scared as she never expected Guiste to assault her because he was a family friend whom she trusted.

She stated further that she was ridiculed by members of her community who called her insulting names saying that she falsified her report of abuse on the basis that the defendant did not provide her with the money that she requested.

Although the incident occurred four years ago, the victim said she is still embarrassed and trying to come to terms with the ordeal of the assault.

The court held that given the significant force used by the defendant,  the fact that contact was made with her genitals, the abuse of trust and money offered to the VC to not report the matter and the disparity in age, Justice Adrien-Roberts said the offense fell in the category two, high.

She then established a starting point of  45% of the maximum sentence, six years, three months, and 18 days for the offense of USC and two years and three months for the offense of indecent assault.

The court found no aggravating or mitigating factors for the offense as the Judge informed that some were considered in establishing the starting point.

However as it relates to the aggravating and mitigating factors affecting the offender, Justice Adrien-Roberts told, the fact that Guiste had one previous conviction and his lack of remorse as he maintained his innocence following his guilty plea,  the sentence was adjusted upwards by 6 months to reflect the aggravating factors of the offender.

Although defense counsel for the offender, Wayne Norde said the defendant’s illiteracy should be considered as a mitigating factor, and his financial responsibility to some of his 11 children, the court did not consider this as a mitigating factor and found no mitigating factors relevant to the defendant.

The sentence then stood at six years, nine months, and 18 days for USC and two years, six months for indecent assault.

While it is mandated to give credit of one-third discount, to all defendants who plead guilty, such reduction was not applicable in Guiste’s case as he had only pleaded guilty after the jury was empaneled on the date that his trial was expected to begin.  Nevertheless,  Justice Adrien-Roberts said by so doing Guiste saved judicial time and resources.

His sentence was therefore reduced by 30%, USC four years, nine months and five days, and one year nine months for the offense of indecent assault.

At step four of the sentence, the court adjusted the sentence on the principle of totality and considered whether the sentence should run concurrently or consecutively.

The judge said because the offense arose from the same incident,  the sentences will run concurrently (to be served at the same time).

Full credit was given to the defendant for his time served on remand which was 14 days. Accordingly, the sentence of the court stood at four years, eight months, and 21 days.

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32 Comments

  1. Bwa-Banday
    July 14, 2022

    Cant use the “proper spelling” for the intended word bcuz DNO will delete :lol: . But you got the drift…… remember your infant school class where you learnt about Synonyms 8) 8) 8) ? Think think think people ….check the different ways you can use the word “beach” but spell differently. Need I say more?

    Hot debate. What do you think? Thumb up 5 Thumb down 13
  2. So it is
    July 13, 2022

    All to familiar with this guy. Very disgusting and disrespectful. Finally gone down for something.

    Well-loved. Like or Dislike: Thumb up 21 Thumb down 0
  3. Neyga
    July 13, 2022

    Lad Gad, wha he picknee dem go nyam…

    Hot debate. What do you think? Thumb up 2 Thumb down 14
    • Bwa-Banday
      July 14, 2022

      He pickney dem go nyam wha ever family provide. It takes a village to raise a child.

      Well-loved. Like or Dislike: Thumb up 13 Thumb down 2
    • July 14, 2022

      Who cares he should have thought about them before disrespecting the young lady. That is the problem with us. We sacrifice our wellbeing for material things. Let his ass go down for good. Where he picknee them mother, he should ah turn her as. over before leaving home. Who cares. Girl please.

    • facts
      July 15, 2022

      You can do some good NEYGA and feed dem picknee while he is on vacation in Stockfarm

  4. Sousey sel
    July 13, 2022

    So Dominica come boyy…..

    Well-loved. Like or Dislike: Thumb up 12 Thumb down 1
  5. Not A Herd Follower
    July 13, 2022

    That defence lawyer is something else! He pleaded that illiteracy should be considered as a mitigating factor in sentencing the rapist. Can you believe that? Defence lawyers will say anything to get their clients off regardless of their confessed guilt.

    Well-loved. Like or Dislike: Thumb up 19 Thumb down 2
    • July 14, 2022

      Who cares he should have thought about them before disrespecting the young lady. That is the problem with us. We sacrifice our wellbeing for material things. Let his as. go down for good. Where he picknee them mother, he should ah turn her as. over before leaving home. Who cares. Girl please.

  6. Robby
    July 13, 2022

    Look at the ugly beast. What does he want with young girl??? Play in your own league!

    Well-loved. Like or Dislike: Thumb up 39 Thumb down 1
  7. MeAlone
    July 13, 2022

    Anyways, whoever invented that law of reducing someone’s sentence by 1/3 simply because they plead guilty, is just insane. By simply admitting “Yes, I did it” should not be rewarded.

    Well-loved. Like or Dislike: Thumb up 37 Thumb down 3
    • Not A Herd Follower
      July 13, 2022

      I totally agree with your last statement!

      Well-loved. Like or Dislike: Thumb up 6 Thumb down 1
    • Gazaflex
      July 13, 2022

      Hi sup
      Well i still believe if someone admited a crime is yet somme kid of healling so thé orther one Can try move on but if hé got punish by thé court an yet deny it kinda still play in thé back of thé person head so admiting thé crime an a réduction is ok thé almighty will deal with thé rest

      • who feels it
        July 15, 2022

        it’s only when it hits home we speak differently…who feels it knows it!!

  8. Roger Burnett
    July 12, 2022

    Only in the widest sense of the word can illiteracy be considered a mitigating factor.

    True literacy goes beyond being able to simply read and write. It encompasses understanding the triumphs and temptations that the human race has been subjected to since the beginning of time. The principal lesson of which is to place love over lust.

    Well-loved. Like or Dislike: Thumb up 12 Thumb down 2
  9. West
    July 12, 2022

    A person that could be ur daughter my boy come on it ain’t get grown woman fella that’s just a b…. move men and them f….. lawyers coming to defend those mother f…… more wicked men if is that lawyer child how the f… would he feel men come on big as. man like u bet u have f….. kids older that her that’s why I pray to god to tie me strength to look over my kids

    Well-loved. Like or Dislike: Thumb up 11 Thumb down 2
  10. Zandoli
    July 12, 2022

    The defendant’s lawyer said he exercised self-control for not having intercourse with the young lady. But I was thinking, this guy, at 52 years of age has 11 children. I would bet the children are by almost as many women. Which man who has control of his sex drive, in this day and age has 11 children? Not that having many children makes one a rapist, but the idea he has any kind of self-control is laughable.
    It appears to me this guy could think of nothing else, but sex by any means.

    Well-loved. Like or Dislike: Thumb up 25 Thumb down 1
  11. Ibo France
    July 12, 2022

    Pedophilia is an endemic in Dominica. This is not just a recent phenomenon. It has plagued the society for eons, but has worsened by many folds in the last couple of decades.

    What is contributing to this scourge.? There is a myriad of things. Here are just a few:
    *dysfunctional homes
    *easy access to pornographic videos
    *lewd and seductive music
    *sexually explicit behaviour in public by adults
    Some possible solutions:
    *parental involvement and guidance/parenting classes
    *galvanize the community around this issue by activism and advocacy
    *seal education in school

    This issue should be put on the front burner. Immediate attention needed.

    Well-loved. Like or Dislike: Thumb up 19 Thumb down 3
    • facts
      July 17, 2022

      Whatever you call it IBO. I just read an article that a man was put into jail for 45yrs for rape. I don’t care if u call it ORAL SEX it is rape. Why does the system gives 4yrs maybe will serve thre for good behaviour. Is that cool.. He needs to be on the Rapist registry. What has this system became. You are not sick enough to undress the lady and try to comitt such an act. Wake up. Then you go to jail for 10yrs for a bit of herbal medicene Canibis. Lord help us. Things are done in the reverse. No is No….

  12. Man bite dogs
    July 12, 2022

    Hold on a minute a father of 11 did what this woman of
    19 teen said, she agreed for oral sex, but not penestration
    Yeah man kick my backside and call me Alice, I am not making a joke our of this storyline but hell something stinks around here, I have two girls and boys none of that makes any sense to them. My wife does not get involved in politics like I am, but as a Jamaican born is doing much more than evildoer Ugly Lenny for sure any day of the week or months

    Hot debate. What do you think? Thumb up 3 Thumb down 39
  13. Creamer
    July 12, 2022

    Dat story self confusing..de man offer u sex even b4 going on his bus and you still goin on de bus..what was in your head…u could take another bus..is not like it doh have another bus..

    I so confuse self…dno get de story straight eh. Dat doh making sense to me. Even though de man lock de door u can still open it..smh..so many questions.. anyway dat man should be jaled is full time and not no half time of 1 /4 time..smdh

    Hot debate. What do you think? Thumb up 10 Thumb down 10
    • Observer
      July 13, 2022

      Yeah. Reading the article again, there are some puzzling aspects to the case. You raised some of them. Another question: was the oral sex consensual? The article seems to be implying it was.

  14. Watching
    July 12, 2022

    I so vex eh with dat justicie system and all the discounts. They do the crime let dem serve their time. Allu have our children growing up with scars. Those in authority doing it too dats y dey doh want to change de law..there should be no deduction in dat sh$t..let them serve de full time..smh.. when will it end.the story is confusing but dat man need to be jailed his full years and no deduction.. all of dem rapist and pedophiles. I would even cut their balls. I vex.

    Well-loved. Like or Dislike: Thumb up 7 Thumb down 1
  15. Toto
    July 12, 2022

    Man, tie a knot in it already you hear. 11 kids you produce already but it still not enough. If tying a knot in your dingeling does not help have A lobotomy my boy because clearly you have sex on your brain and that not good for you and other people too.

    Well-loved. Like or Dislike: Thumb up 27 Thumb down 1
  16. Alicia pinard
    July 12, 2022

    Dominica ,
    I hope you all have already ask the 11 children if this name touch them !!!
    Boy’s and all , ask the cat 🐱 and dog 🐶too hey🤷‍♀️
    U NEVER KNOW!!!

    Dominica has been asleep to long on this stituation. Wake up!!!!
    There are many children being molested in the country while we fight over RED , BLUE , PINK and PURPLE. As much as politics is very important, we neglect a lot and f other important things.

    When a child is raped or being raped it distroy’s the child ‘s self esteem. We look at the youth and call them many name’s but most time these kids have been distroyed mentaly, emotionally, etc….. that’s why they joint GANGS, etc…. In search fitting IN.

    I might get heat for this but whatever:

    Dominican parents also need to stop calling there kids dirty names, rougthing them up, while we hold Beyoncé , Rihanna. etc… in high esteem. make our children belive they can be great ,
    Don’t kill there vision belive in them, encourage them. Make them belive in…

    Well-loved. Like or Dislike: Thumb up 15 Thumb down 0
  17. Justice
    July 12, 2022

    Old ways he have dirty man

    Well-loved. Like or Dislike: Thumb up 14 Thumb down 0
  18. Legion
    July 12, 2022

    Congratulations DNO on publishing the photo of this convicted criminal. Publishing their name is not enough, their identity must be clearly known to protect the society. Well done.

    Well-loved. Like or Dislike: Thumb up 16 Thumb down 0
  19. ??
    July 12, 2022

    Am I the only one disgusted by the sentencing guidelines? This is a second atrocity to the victim. Shame on these judges……

    Well-loved. Like or Dislike: Thumb up 20 Thumb down 0
    • very annoyed
      July 15, 2022

      The law makes provision for the Judge to use her discretion and good judgment in handing down sentences. She is not obliged to use the sentencing guidelines. They are there are a “guide” but she can use her discretion and good judgment when passing sentences. I have seen for some of her judgments she has used the minimum even when there is a range, say for instance, 25-40 years, and by the time she subtracts for time served, guilty plea, mitigating factors etc., the accused gets a low sentence.

  20. Bwa-Banday
    July 12, 2022

    Good riddance sakway sa*op! Hopefully Big-Boy will turn you into his “beach” 8) while you are up there. I am pretty sure what ever comes your way from behind you will take it like a man without flinching or groaning :twisted: :twisted: . I also hope Big-Boy make you walk cosheee for a few day. :twisted: :twisted: :twisted:

    Well-loved. Like or Dislike: Thumb up 26 Thumb down 2
    • Alicia pinard
      July 12, 2022

      😂😂😂 . That comment came from the heart

    • If we knew better
      July 13, 2022

      His “Beach” ? SMH

      Hot debate. What do you think? Thumb up 4 Thumb down 5

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