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Rape, cyberbullying of 14-year-old girl lands man a near 20-year jail term
From the Courts, News
August 2, 2024

Rape, cyberbullying of 14-year-old girl lands man a near 20-year jail term

A man was sentenced to 19 years, six months, and 23 days in prison for committing sexual and cybercrime offences against a 14 year old girl.

The man appeared at the High Court before Justice Brian Cottle on July 26, 2024, and was sentenced to prison for five offences. He was charged that on November 11, 2021, he raped a 14 year old girl, and committed unlawful sexual intercourse with her, she being a girl under the age of 15.

The man also was charged that on November 18, 2021, at Kingstown he committed indecent assault against a girl under the age of 15.

In relation to the cybercrime offences, the prisoner was charged that between November 11 and December 30, 2021, in St Vincent and the Grenadines he committed cyberbullying, and harassment by means of electronic communication.

The facts are that the prisoner exchanged numbers with the virtual complainant, who was still a school child. They texted, and he offered to give her a phone and money. When he met her in Kingstown, he told her that her school clothes needed ironing and they both went to his house to do so.

While she was ironing her school clothes in a bedroom of his house, she was dressed only in her under garments. The prisoner entered the room, pushed her onto his bed and inserted his private member into his vagina.

The child said this continued for one hour, and the accused did not wear a condom. She did not report the incident. On November 18, the prisoner met the child, held on to her hand, kissed her, and fondled her breast and vagina.

The child protested. After this incident, the prisoner kept communicating with the child. He got

concerned that the child was pregnant and threatened to circulate videos of them having sexual intercourse.

The maximum sentence for rape is life imprisonment. Justice Cottle considered that serious psychological harm was done to the child and that she has lost the ability to trust others, especially men.

The child also feared that she was pregnant, or that she had contracted a sexually transmitted infection. Cottle also considered that the prisoner groomed and enticed the child, and he is almost twice her age.

He placed this offence in Category one, Level A, and began sentencing at 15 years imprisonment. Aggravating of the offence and offender were that the prisoner ejaculated into the child and that he knew she was 14 years old at the time of the offence.

Cottle also said that the prisoner continued to display a lack of remorse for his actions, and so his sentence was increased by one year. The prisoner was therefore sentenced to 16 years imprisonment for rape.

As for the offense of having unlawful sexual intercourse with a girl who is under the age of 15, Cottle considered that there is a significant disparity in age between the child and the prisoner.

There was also some degree of planning in commission of the offence. The maximum sentence for this offence is five years imprisonment; the judge sentenced the man to two years in prison. This sentence is to run concurrent with that on the first count.

Cottle started sentencing at three years for indecent assault. However, having already considered the aggravating factors in the previous count, he made no adjustment to this sentence.

The prisoner was then sentenced to three years for indecent assault. This sentence is a consecutive sentence. The prisoner is the first person convicted at the High Court of the following offences pursuant to the Cybercrime Act No.20 of 2016: cyberbullying, and harassment by electronic communication.

For these offences, Cottle considered that the child suffered psychological harm, and that she was blackmailed, and offered gifts. Cottle also considered that the prisoner showed no remorse for his actions.

The judge said that the prisoner’s communication with the child were constant and persistent. The prisoner was given a one year prison sentence for cyberbullying. This will run consecutively with the previous sentence.

The accused was then sentenced to six months in prison for harassment by means of electronic communication. This sentence is to run concurrent with the previous offence.

Time spent on remand, which amounted to five months and

seven days were deducted from his rape sentence. He will therefore serve a remaining sentence of 19 years, six months, and 23 days in prison.

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