A 55-year-old man from a Northeastern community in Dominica is an inmate at the Dominica State Prison for the next four years, nine months and three weeks following his conviction of unlawful sexual connection and indecent assault against his niece.
The man pleaded not guilty to both charges and as such, the matter was tried by a nine member jury who found him guilty on March 22, 2021, of both offenses.
According to the facts of the case, during the early morning of October 19, 2017, the then 8-year-old victim was awakened by her uncle touching her breast and then inserting his finger in her vagina.
Following his conviction, Attorney-at-Law Dawn Yearwood Stewart had pleaded with the court to not impose a custodial sentence however, State attorney Daina Matthew told the court that, given the circumstances, the offender should be sent to prison.
In handing down her sentence on May 7, 2021, Justice Wynante Adrien-Roberts sided with the prosecution and imposed a custodial sentence.
She said the aggravating factors which lead to her decision were the fact that the said crime was committed in the presence of another individual, that is, the aunt of the child who also sleeps in the same room with her baby; the offenders abuse of his position of trust; the fact that he is of the same family as the victim and also because the victim is a minor.
The maximum penalty for unlawful sexual connection is 14 years in prison whilst indecent assault carries a penalty of 10 years in prison.
In establishing the starting point for the offenses, Justice Adrien-Roberts stated that she considered the harm caused to the victim as the child says she feels scared that the same actions may be repeated and she finds it difficult to trust people.
“Under cross-examination, the victim stated [that] during the incident she felt uncomfortable, annoyed and vexed,” the Judge said.
As a result, these consequences, the victim’s age and her feelings, the Judge said, casuse the case to fall in the category of exceptional.
Justice Adrien-Roberts said she categorised the case as high in terms of its seriousness because of the presence of the following factors: the defendant made contact with the victim’s genitals, the abuse of his position of trust and the significant disparity in age. In light of this, she gave a starting point of nine years for unlawful sexual connection and six years for indecent assault.
In adjusting the sentence, the aggravating and mitigating factors were further taken into consideration.
An aggravating factor for the offender which the Judge said went against him is his continued claim of innocence which according to her, is a lack of remorse. Consequently, three months were added to each charge.
With regard to the mitigating factors for the offender, the convict’s good character was considered and the sentence was reduced by two years which brought it to seven years and three months for unlawful sexual connection and four years and three months for indecent assault.
Justice Adrien-Roberts also noted that consideration was given to whether the sentence should run consecutively or concurrently. She informed the court that in cases where an offender is convicted for more than one offense, tried at the same time and where more than one offense arises from the same incident, the general rule is that the sentence is to run concurrently.
However, considering the principle of totality, she said a custodial sentence of 5 years is reasonable in the circumstances of this case.
Having spent 67 days on remand, the convict’s sentence was therefore reduced to four years, nine months and three weeks.
Vigilante justice, case close!!!
Wow
With such a lax penal punishment what’s stopping others from committing such crimes?
Jokers
At least some justice was done whether or not we believe that the sentence fits the crime. I notice though that the comments are few and far between, had it bee a political issue, words would not be able to describe. However mother’s wake up do not trust your children with absolutely any body, be vigilant at all times.
Ah. That’s all. He should get the max.
Nonsense.. if he was of good character he would have never hunted that child and to do it in the presence of her aunt and her baby.. thats a very nasty, no good of a man. Yuck
I’m tired of saying only when it hits home that’s when we the publishers realize how serious it is. Two offenses Carrie’s a maximum of over 15yrs but he gets out in 3yrs. Lord help us.
The problem is Dominica… we allow these things to go on . By giving him 4 years all the other pedophiles will continue because 4 years is no time.. Cut off their hands , make sure they never see the light of day again . NO GROWN MAN MOLESTING A CHILD SHOULD EVER BREATH FRESH AIR AGAIN!
Stop effing around Dominica, enact better laws ( its wild to me that this hasnt been done)
Dominica clearly doesnt care about Children
A child molester has “good character?” “the convict’s “good character””? What’s the definition of “good character”? A person with “good character” would NOT molest nor hurt anyone. That sentence should’ve NEVER been reduced. He should get the MAXIMUM penalty for his actions. FOUR YEARS, go home and molest again.
You took the words out of my mouth. I am screaming you said it soon right. Smh I am so mad eh..out children always remain broken. But God will mend the broken hearts he will,,
tend to agree with you. The victim is 8 and he is 55 why should the sentence be only 4 years when the maximum is 14. This man will spend 3 good character. Is there any hope that he will not do it again?????
and in less than no time he back in the community and the victim will still be a minor…stupes.
4 years gets out in 3, only to go right back to the same community and do it all over again. How do we really intend to protect our children?
The system is messed up thats y they continue to do sh**t to our children. Until it’s their very own it happens to it will remain that way. Teach those bastards a lesson. I have so much to say but it will not change a thing I just praying for our children