The 25-year-old man was initially due to stand trial today on the indictments of rape, indecent assault and buggery, but he decided to change his plea from not guilty to guilty.
The charges of indecent assault and buggery were dropped. High Court Judge Justice Birnie Brooks ordered that a social inquiry be done on the accused to be ready by February 12, 2010 prior to his sentencing on February 18, 2010.
According to the facts, presented by the Director of Public Prosecution Gene Pestaina, at about 9 p.m. on 27 September, 2008, the complainant boarded a bus on which the accused man was also a passenger.
The accused and the complainant got off the bus at the same time and the complainant declined his offer to accompany her home.
According to the prosecutor, the accused began touching the complainant on her stomach when they arrived near a ravine close to the roadside.
Though she resisted, the complainant held on to her. He then told her to unbutton her pant and if she does not do it, he would do something to her.
“According to the complainant, she felt scared and was trembling. Her exact words, ‘He held me by my stomach and lifted me up. He started kissing me. He lifted me up very high. My feet trembled. He said let him take out his belt. He pulled down his pants. By that time he put me to stand again. Then he lift my legs up. He lift up my leg. Then he told me open up, open up. I was afraid,’” the prosecutor told the court.
“I had to open up my legs. He lift up my legs one at a time. I fell to the ground, he lifted me up, opened my legs, pushed his penis in my vagina for a few seconds and he discharged in me. The accused pushed me in the ravine. He pulled down my panties. I was scared. He pushed his penis at the front of my vagina…. He said my parents would never find him because he is going to Antigua and not coming back,” Pestaina said.
According to the prosecutor, the accused blocked the complainant’s mouth when a vehicle passed by and then told the complainant to go. She then went home and told her mother who made a report to the police.
The prosecutor stated that a doctor’s report following the incident proved that the victim had bruises on the wall of her vagina.
During an interview with the police on October 1, 2008, the accused denied the accusation of rape stating that the complainant had engaged in sexual intercourse with him voluntarily. He later admitted on October 2, 2008, that he had raped the complainant.
“I did not push her right in the ravine, but I had sex with her. She did not agree for me to have sex with her but I did… I know I did something wrong, I feeling really bad, I am really sorry….” he said.
According to the court, the defendant has no previous convictions.
Justice Brooks ordered that the uncle and aunt of the accused uncle and the family of the victim be present at court during the hearing on February 18. She also ordered the accused man to present an apology to both his family and the complainant’s family at that hearing.
The accused was represented by Attorney-at-Law Dawn-Yearwood Stewart.