The man, who admitted to having sex with the girl between March 1 and April 19, 2010, will reappear in court on June 29 for sentencing before Justice Birnie Stephenson-Brooks. He is remanded in the meanwhile.
According to the facts of the case presented by state lawyer Wayne Norde, the incident occurred at the complainant’s home.
“The complainant was sitting on her front step at her home. Whilst there the accused came into her yard. The accused then entered her home… The complainant … put her sister to sleep and the accused followed her into the bedroom,” Norde said.
“The accused started to kiss the complainant on her mouth. He then went on his knees and removed her underwear then removed his clothes… laid down on the complainant on the bed and inserted his penis into her vagina… According to the complainant it was very painful and she told him to stop about five times. He did not stop so she pushed him off,” Norde said.
The prosecutor continued, “ The complainant then saw what appeared to be blood on the sheet of the bed. She asked the accused what it was and he said it was blood. She then asked him what was the reason for the blood on the bed. He replied, [Your virgin gone].”
According to Norde, the accused man told the complainant that if her mother asked her about how she lost her virginity to “’Tell your mother you took it yourself either with a roll-on or a cucumber.’”
The complainant subsequently left.
On Thursday June 5, 2008, the mother of the complainant found a cell phone in the complainant’s clothes where she listened to a message on that phone. Based on that message the complainant called the police, according to the state prosecutor.
That same day, the complainant was examined by a doctor whose report stated that the girl’s hymen was absent.
When confronted on the matter, the convicted man told police, “I kiss her and she lie down on the bed and then I lie down on top of her. Then she took off her clothes on her and I take off my clothes… Then I take my penis from my pants and put it inside her. After she tell me to stop…”
During mitigation, lawyer for the accused Dawn Yearwood-Stewart asked the court to temper justice with mercy. She told the court that her client was a 29-year-old father of a two-year-old daughter which he maintained .She also asked the court to consider that her client had not wasted the court’s time by pleading guilty or subjected the complainant to a trial, which can be dramatic for any female.
Before adjourning the matter, Justice Stephenson Brooks informed the court of the accused man’s antecedent report, which included a 2004 conviction of rape and several other offenses of theft among others.
The social inquiry and pre-sentence report were ordered to be done on or before June 22.
A second charge of indecent assault was dropped against the accused.
According to Yearwood-Stewart, her client was 27 when the incident occurred.