Man gets 26 years in jail for rape and assault

A MAN,WHO claimed that he paid a woman to have sexual intercourse with him, was sentenced to 26 years in prison for raping and assaulting her.

Calvert Toney of Colonaire appeared at the High Court on July 29, 2024 before Justice Brian Cottle where he was sentenced to prison for raping and assaulting a woman causing actual bodily harm. Toney also was charged for abducting her. However, the jury did not reach a unanimous verdict so the prosecution discontinued this matter.

The facts are that on March 6, 2020 the virtual complainant, who was 29 years old at the time of the offence, was at a bar with a few of her friends. The prisoner whom she knew, arrived in a vehicle and invited her to go to a party.

After they left the party, Toney dropped off another couple at Park Hill, headed to the virtual complainant’s home, took a knife and threatened her.

He drove past the woman’s home and told her to remove her pants and underwear. Toney then slapped the woman and she complied. He raped her and then told her to get dressed. Toney then threatened to harm the woman’s children. The virtual complainant went home, showered, and wept. She told her boyfriend’s daughter about the encounter and she was encouraged to report the matter to the police.

However, the virtual complainant was fearful.

A report was made, and a medical examination revealed that there was swelling in the area of the virtual complainant’s eyes. The doctor said that a slap with a moderate force would have caused the swelling.

The maximum sentence for rape is life imprisonment, and the maximum sentence for assault is five years imprisonment.

Toney had 14 previous convictions including for indecent assault, rape, and violent assault causing actual bodily harm.

The man maintained his innocence and claimed that he would have sex with the woman and pay her.

When sentencing on the rape charge, Justice Cottle considered that Toney used a weapon to threaten the virtual complainant, and used force by slapping her twice.

He also considered how Toney took steps to keep the virtual complainant from reporting the matter.

Justice Cottle placed the offence in Category one, Level A and began sentencing at 22 years and six months.

Aggravating of the offence was that Toney ejaculated into the virtual complainant, and there was some degree of planning and prevention in the offence.

Cottle also considered that the virtual complainant was understandably traumatized, and is fearful that she contracted a sexually transmitted infection(STI).

She also feels re-victimised by her tarnished reputation. Aggravating of the offender was that he showed a lack of remorse and has previous convictions for sexual violence. There were no mitigating factors of the offence and offender, and so, four years was added to his sentence amounting to a notional sentence of 26 years and six months in prison. Toney had already spent three months and 29 days on remand, so he will serve a remainder of 26 years, two months, and one day in prison for the offence of rape.

He also was sentenced to two years and three months for the offence of assault causing actual bodily harm.