A 26-year-old Salisbury man has been slapped with a prison sentence of 11 years 9 months and 20 days, following his conviction of buggery of a minor boy.
Shamiguel James, who was found guilty on June 22, 2022, by a jury, appeared before Justice Wynante Adrien-Roberts on January 12, 2023, for sentencing.
The fact so the case is that, on July 24, 2016, at Salisbury, James who was 19 years old at the time had sexual intercourse per anus with a then 12-year-old boy.
The evidence of the case revealed that at about 3:00 PM, on the aforementioned date, the victim was on the Salisbury playing field playing football with his friends when the ball was kicked into the bushes at the edge of the field.
The child went to retrieve it and whilst doing so, his friends left the field for water. During his search for the ball, he saw James who asked him to pull down his pants, and he then began having anal sex with the 12-year-old boy.
The evidence from the court further stated, after the incident, blood was seen on the victim’s pants and his anus had a lesion at six o’clock which the medical doctor said would have been caused by a blunt object, possibly an erect penis.
At the court hearing, Justice Adrien-Roberts told the court, pursuant to legislative provisions, the defendant is liable to a minimum custodial sentence of 16 years, eight months, and a maximum of 25 years.
In constructing her sentence, the judge explained she must embark on a computation exercise applying the procedures proposed in the sentencing guidelines for sexual offences issued in November 2021 and guided by the well-established sentencing principles, these being retribution, deterrence, prevention, and rehabilitation.
The guidelines propose a six-step process for computing the sentence.
In the first step, the court is required to establish a starting point by assessing the seriousness of the offence, which includes reference to the culpability of the offender, and consequences of the offense by reference to the harm caused. There are four stages within this first step.
In the first stage, the court is to consider the evidence of the consequence of harm caused by the offense.
Justice Adrien-Roberts averred, the virtual complainant suffered both physical and psychological harm as in his evidence, the victim stated that the sexual act committed against him was painful which left him feeling “bad and shame.”
After the sexual abuse, he said he was in shock and disclosed to a welfare officer that since the incident, he has been severely bullied at school, by family members and members of his community. He has lost trust in people and plans to relocate from his community.
The virtual complainants said further that his social life has been enormously affected, as he does not feel comfortable socializing, and it is difficult for females to want a relationship with him even in adulthood.
He asserted that the attack has troubled his mind and today he is angry and believes he is capable of bringing harm to James if he has the opportunity to do so.
The victim’s mother in her interview with the welfare officer states that her son did not excel in school because he was constantly being bullied and was not allowed to go anywhere except for the playing field.
The court categorized the harm suffered by the defendant as falling within category two high signifying serious psychological and physical harm.
The second stage of step one was to consider the seriousness of the offense by assessing the culpability of the offender which the judge said fell within level A, high.
In this regard, the court, therefore, established a starting point of 10 years, with a range between six years and 14 years, adjusted for the aggravating and mitigating factors of the offense.
The court did not identify any aggravating factors of the offense. However, one mitigating factor, which the court considered pertinent was that no violence was used.
For this reason, the sentence was adjusted downwards and therefore stood at nine years and six months.
The second step of the process requires the court to adjust the figure for the aggravating and mitigating factors affecting the offender.
With regard to the aggravating factors, Judge Adrien-Roberts pointed out that the defendant continues to proclaim his innocence and has not expressed any remorse for his actions.
She posited that he appears to be unperturbed by the damage that he has caused to the life of the virtual complainant and the psychological harm that will remain with the victim until his memory serves him.
Additionally, she added, James’s conviction sheet from the Commonwealth of Dominica Police Force shows one relevant conviction in another offense.
For these aggravating factors, the sentence was adjusted upwards by three years. The sentence stood at 12 years and six months.
Steps three and four require the court to adjust the figure for a guilty plea and assess the totality of sentencing for more than one offense. However, this was not applicable in this case.
At step five, the figure was adjusted to give credit for time spent on remand for the offense.
The defendant who was remanded into custody for 246 days was given full credit which reduced his sentence to 11 years, nine months 20 days.
“Mr. Shamiguel James, you have been found guilty by a jury of the offense of buggery…contrary to Section 16:1 (a) of the Sexual Offences Act. For this, I sentence you to 11 years and nine months imprisonment.”
James was represented by the Legal AID Clinic while the prosecution’s case was led by State attorney Daina Matthew assisted by Marie Louise Pierre-Louis.
James’s sentencing was the final matter for Justice Adrien-Roberts within this jurisdiction as she has since been transferred to St. Lucia as of September 2022.
Why I’m I not seeing it called by what it should be called? It’s RAPE!!!
I have never seen a photo of a sexual offender made public before. Is there a particular reason for this?
Punish these perverts. Im waiting for those public figures sentences. These punishments should not be selective.
All you blaming the man, but that’s what Dominica promotes! Everything bad, everything corrupt, everything dishonest and evil. The shame is on Dominica plain and simple. All that is a part of sewo and cool out sewo comes in all forms, shapes and colors. This shame is smeared in the faces of all those who condones corruption. So James sewo his bottom.
Our court system operates at snail pace. Cases of this nature should be given priority. For a clear cut case with such compelling and overwhelming evidence, this animal should have already been serving lifetime behind prison walls.
There are too many of these sexual abuse cases on this sparsely populated island for much too long. By having no new/recent plans or legislation put in place to act as deterrents, the government is inadvertently part of the problem and not the solution.
So wait , who is the young man from paixgel that allegedly ran from the US and is now into youth and church in that community. Now the church is allowing him to be a lay minister without investigations..
The parish priest will never investigate.
I will never understand how people can bully children that has been sexually abused this is sick. You all need to do better than that. You all don’t have little sisters, brothers? Sad! 😔
DNO you love to write on this gossip nonsense. When is to search and question Skerrit of his ills you have nothing to seek or to write. Look at the length that you have written just for public gossip. You so called reporter close to house are just nuisances. Seek and write on relevant items. Get Skerrit and interview him.
“James who was 19 years old at the time had sexual intercourse per anus with a then 12-year-old boy”
I am looking at James’ profile in the photo, he seemed to have been a good-looking fellow at 19 years old, what was the sickness of his mind that caused him to lust after a 12 year old boy? Why could he not find this attraction in a girl his age or even a few years older?
He is now enroute to spend 11 years in a prison cell for his perverted behavior. He will be 37 years old by the time he is out–his Life permits, still a young man, but what woman will accept him to share her Life with him? No one is to blame, but his obedience to his carnal state of mind
Young men, you make yourself the loser, by not learning to rebuke those sinful commands that enter your mind. They enter by the devil’s will. You do his work without the courage to say: “Satan get behind my back!” But you must also be in line with God’s Love for this to work for you
So in 2022 you are still trying to relate good looking to paedophilia? But how all Skerrit sheep so terberre nah?
This James guy should be given all 25 years.Big day a child going to pick up a football and you buggering him.This guy is a very,very sick individual,but again Salisbury is the unsolved murder capital of the world.A few years ago a 14 year old school girl was murdered close to the Salisbury police station.I guess James did not get a job from Skerrit when he bugger the child.Skerrit that do that.
It appears that all the sentencing guidelines have different factors that are aimed at reduction of time for the offender. The psychological damage caused by sexual abuse is life long and no sentence is good enough especially if he has not shown any remorse.
I feel for this young man who has had to be bullied. Dominica on a whole need to have increased training and awareness in schools and communities to avoid having the victim feel so much shame and endure bullying. Instead, this should not have been something that was shared with others except for professional involved. This young boy will need counselling for a long time and not only will relocation be helpful but we as a society must do more than just make fun when these things happen.
Shamiguel is lucky that the family members didn’t find him and take care of things in their own hands. That’s what he truly deserves. I hope Stockfarm have a similar way of dealing with child molesters as many American prisons do.
Because the man from Bawi all u posting the man picture…..
His picture deserves to be out there. No hiding of this “bugger”.
His photo should be posted all over Dominica. He should be exposed for the convicted monster he is.
In early biblical times he would have been stoned to death.
As per the Sexual Offences Act, once a perpetrator is convicted, his picture and identity [name, address,etc ] CAN be published.
No harm done on DNO’s side.
Nah because he too nasty that’s why… Salisbury people 🤧
I am glad the boy’s family pursued this matter to the finish. I will pray for this young man. You were the victim – I do not understand victim shaming in Dominica. He was raped. Let us be gentle and kind and lift this young man in prayer. I pray that he is able to get counseling and move on positively with his life.
Look at him, what a disgusting creature.
Jane, yes he is guilty as charged but please do not judge a book by its cover. That is never logical and hardly ever accurate.
After serving his time in prison (11 years 9 months) this monster will be free to walk the streets again. However, the little boy would have to live for the rest of his life with the physical and mental scars.
Not Salisbury!!
Eagle Eyed handsome young guy wearing blue you can get his number ,look over your shoulder and tell us what you see ? .
Your chief campaigner in Dominica is Voice or Armin from St Joe he wearing red go find out about his record . The gods you have as your ministers you know them very well, the child abusers and many more of your friend they all wearing red they did worse than the guy from salisbury wearing blue.
Salisbury people do’nt condone the young man behavior but every body those their path in life, he do his crime he have to do his time.
But your friends in red still out there doing crimes, get cut and walking the street of Dominica, some of them run way to other countrys because they are RED the cases can not be heard or will never be heard.
Check your closet before you start talking ,is it the color thats your problem or the people of Salisbury ? if it is the people of Salibury you have a big!!!!!!!!!! one.
I was waiting for that comment. Let me tell you, 95% of these sex pests in Dominica are either DLP members or members of the cabal. However, their names aren’t made public and they aren’t usually investigated let alone prosecuted. You know that as well as I do, but you thought a little bit of political spin can’t hurt to deflect from your master.
Doesn’t surprise me either🤷🏽♂️
Let the world know that Dominica is not the sweet paradise they falsely portrayed it to be. Dominica is a Sodom and Gomorrah to the greatest extent with no law. James should have been castrated and given 25 years HARD LABOR. Who knows the amount of animals this guy has molested!!
No country in the world is a paradise . This despicable incident does not define Dominica as a hell hole though.
Your comment is destructive and treasonous!
In St.Lucia you would never see a photo of the suspect. I dont know why they like to hide these criminals face. I hope this child got therepist and healing. Its things like that can change a child behavior and character later on in life.
“Mr. Shamiguel James, you have been found guilty by a jury of the offense of burglary…”
Was he found guilty of burglary or BUGGERY? Well, if we have problems with saying the correct word, we simple tone it down by saying he was found guilty of PUSHING POOP in the anal cavity of another, contrary to the route designed by the father above. That would sound a lot better or more politically correct and with less vulgarity.
It shouldn’t have taken al those years for justice for this young man. This happened when he was 12, he is now an adult. I can not imagine the shame and pain he has been feeling all this time. I pray God heals him as he is the one who matters in this case. The defendant had shown no remorse to this day, I hope he gets a taste of his own medicine.
I give up, honestly. It takes 6 1/2 years to sentence this criminal pervert when the evidence was available immediately after the fact. If people want to have consensual sex in private and it is not with a minor that is their business but this is a crime people! What the hell are we doing. So many legal people we have, are they just picking their nose all day?
11 years is an example being set but to this day am very upset with the judge giving the 68 year old man under 6 years for having sexual relations with his woman 6 year old granddaughter