Sex offender avoids jail

| 25/02/2013

(CNS): A 31-year-old man has been given a two year suspended sentence after pleading guilty to the defilement of teenage girl, who was sexually assaulted by the West Bay man. As a result of a list of mitigating factors, including mental health issues, and despite a 40% chance of him re-offending, Andrew Ebanks avoided going to jail Friday when the judge ordered him to attend psychiatric and medical counselling under the alternative sentencing law. Having already served eight months on remand but with a wife and two children to support, the judge said the most important thing was to create the circumstance where the defendant would never commit such an offence in the future.

During sentencing the court heard that Ebanks had forced himself on his victim but the crown did not pursue the second charge against him for rape, content to accept the defendant’s guilty plea on the charge of defilement, leaving the more serious charge on file.

When describing the facts of the case, prosecuting counsel said the teen had hidden under a bed in a locked room to avoid her attacker. Nevertheless, the defendant was said, while drunk, to have pried open the door, pulled the teenager from her hiding place and forced himself upon her. The defendant denied that he raped the young girl and claimed the act was consensual, even though the girl was only thirteen. The teenager did not tell her parents but confided in a friend, who in turn told a family member who made a police report. 

On arrest the defendant admitted having sex with the teen but denied forcing her. “I didn’t mean to do it but I did … I couldn’t help myself, I know I did wrong,” he told the officers.

A social enquiry report revealed a troubling and disturbing history, in which Ebanks himself had been neglected and abused and had faced mental health problems. A local psychiatrist described him as a man with “many significant psychological problems”. The judge said the social enquiry report revealed a total absence of normality in his family relationships throughout his entire life, which were “nothing less than deeply sad”, adding that the defendant had significant medical and emotional difficulties.

Having pleaded guilty at the outset and cooperated completely throughout the investigation with the authorities and as he had no previous convictions, the judge took an approach that he said would help Ebanks change his behaviour. 

Nevertheless, as he handed down his sentence the judge noted the trauma suffered by the teenage victim and the impact it has had on her family. “This is a serious offence and one cannot underestimate the psychological damage and emotional trauma that the young girl and her family have suffered,” Justice Quin said. 

While such an offence would normally attract a custodial sentence, the judge added that Ebanks had already served eight months on remand and since his release he had complied with all of his bail conditions and had been commended by his probation officer. With a full time job and a family to support, the judge said it was important that the defendant continue to provide for his dependents.  

“I have taken into account everything that has been submitted by both counsel and I have read the social enquiry report, the victim impact report and the medical reports relating to the defendant," Justice Quin said in his ruling. “What is of utmost importance is that the court must endeavour to create the circumstance to try to ensure that the defendant does not ever commit or even contemplates committing any such offence again.”

He ordered the two years he imposed to be suspended and, invoking the alternative sentencing law, he said Ebanks was to be placed under the supervision of the Department of Community and Rehabilitation for two years. The judge also directed the defendant to attend psychiatric counselling.

Category: Crime

Comments (54)

Trackback URL | Comments RSS Feed

  1. Anon says:

    That is absolutely disgusting: The violent rape of a 13 year old results in no jail time due to "mitigating factors". The State doesn't seem to realize it is basically condoning violent rape – enabling it, even. 


    The US justice system has many, many flaws, but at least these types of (lack of) sentencingoutrages do not occur because it take violent sexual crimes seriously. 



    I wish CI and Europe would learn from that instead of allowing these people to commit rape over and over again, often leading to murder, as in the case of the previously convicted rapist in Wales who tied-up, raped and dismembered an Irish woman. He had previously violently raped a 15 year old girl and only received a three year sentence (and who knows how little time of that sentence he actually served).

    Anyone who says the UK knows how to deal with these cases is utterly divorced from reality.

  2. Petula says:

    Justice Quin,

    You and only you had the opportunity to hand down a sentence that would send a message that crimes of rape and abuse will not be tolerated against the woman and children of these islands. 

    Instead, you made the choice to set this country back hundreds of years and reinforce the prevailing attitude that women and children are lesser beings than men and based on the sentence that you handed down, not even worthy of justice in the courts. 

    You have let this monster free to resume his normal life with impunity, and put every other woman and child in this island a possible victim of this man.

    Tell me, Justice Quin, how is turning this man free creating circumstances that will ensure that he does not “…ever commit or even contemplates committing any such offence again.”  Your statement and actions are beyond comprehension. 

    You have failed that little girl, you have failed this country and you have failed the justice system you swore to uphold.  You Sir, have made a mockery of the heinous crime that was committed against this child.  You have no place on the Bench. 

    Rape and incest on this island is Cayman’s dirty little secret and it will remain our dirty little secret until we stop sweeping it under the rug.  These women and children have done NOTHING to be ashamed of and WE have also failed them by making them feel ashamed of what has been done to them. 

    Mothers stop protecting your husbands and boyfriends and turning the other eye when your child comes to you and tries to tell you what happened to them. 

    The women of this country are strong women, we are not here to be abused and treated as lesser beings. 

    We all have voices.  Now is the time to use them. 

    The laws against rape, incest and sexual abuse in these islands are inadequate at best and criminal at worst, they send the message that these crimes are not to be taken seriously and will attract a slap on the wrist at most.  This must change. 

     

    Petula Twinn

    • Anonymous says:

      Tell me Ms.Twinn,

      Your comment;

      "You have no place on the Bench".

      What makes you qualified to make such a comment?

      Yes, by all means, criticize the sentence, the laws, etc,etc.

      However, you have no right to pass such a comment in relation to the learned Judge. Justice Quin, is highly respected senior member of the bench, well known for his wisdom, fairness, and impartiality in relation to his decisions.

      Unless, you are versed in the qualities and requirements necessary to be a member of the Bench, then you have no place making such half baked, uninformed and disrespectful comments!

       

       

       

       

      • Just Commentin' says:

        "Not only must Justice be done; it must also be seen to be done."

        -Viscount Hewart, Lord Chief Justice of England and Wales1922–1940

         

        I am quite well-versed in the qualities that are necessary to maintain one's reputation as a member of the bench and I would say that this half baked sentence did irrepairable harm to both Quinn's reputation and the public's perception of justice in these islands. The sentence is especially dismaying at a time when the public's faith in the judicial system is at an all-time low. Quinn's wrist slap of a sexual predator has done much damage to the already sullied reputation of our criminal justice system. 

         

        I will pass no further comments in relation to the learned Judge, however I will say that those who would fail to remove Quinn from the bench after this judicial debacle need their heads examined.

         

         

         

         

  3. Anonymous says:

    This scum bag was arrested in Pembroke Pines, FL, when he was 18 yrs old, for sexual abuse on a 5 yr old child. Never even went to court.

    • Anonymous says:

      Let us hpope the DPP does it's job and appealthis sentence ASAP.

    • Anonymous says:

      THE MAN IS A REPEATED OFFENDER

      and keeps getting away? He must be a good liar or threatens the victim. XXXX Good thing it wasn't my daughter.I would take justice in my own hands.

      OK JUDGE, did you seet the r eport above? He was already arrested for rape

      when he was l8 years old. So he is a good candidate for prison time, since he is a REPEATED OFFENDER

  4. Anonymous says:

    It is so sad, and I really hate to say this…but what it come downs to in these Islands is who you are, or as we say in Cayman "Who you fa". I say this because some years ago a local man was found guilted of raping a tourist, if my memory serves me right he got life in prison. Now please don't get me wrong(if he was giulty) he got what he deserved…these child monsters/molesters would also receive the same punishment…because their action, their crime gave the victim a life sentence   

  5. philo the philosopher says:

    AND I USED TO THINK ALL JUDGES MADE SMART DESCISIONS!  

    REHABILITATION!! What a crock of shit, it has been proven that these people cannot be rehabilitated, it's an incurable  disease. All this judge has done is to endanger the life of some other innocent young woman!  What the hell is happening with this Island? Forty tons of dynamite is illegally imported and the importer gets a $1,300.00 fine. Now this.!

    We have more "unsolved mysteries" than the TV show of the same name, yet we continue to     happily skip down the road of moral & ethical destruction.  GOD HELP US!

  6. Anonymous says:

    Wow even our courts confirm we are not long out of the trees..  It would be interesting to study what expats and caymanians get for sentences for equivalent crimes.

  7. Anonymous says:

    I will say it again. Cayman is the land of ETERNAL hypocrisy.

  8. Shame says:

    I tell you boy police politician and legal department mi na have nuttin fi do with dem cuss dem a di devil

  9. Anonymous says:

    I have to say, I do not know this brave young child who was so violently raped, but as a parent I am totally disgusted by the fact that our justice system has failed her in such a major way. We should all, each and every one of us, hang our heads in shame that in the year 2013 we continue to allow these perverts to rape our children and get off scot-free to roam the streets and do it over and over again.  Years of studies have shown that it is not possible to rehabilitate these violent criminals. This sicko will re-offend, mark my words. In fact, it is highly unlikely that this is his first offence.  One has to wonder how many others have suffered the same fate as this young child and was too frightened or ashamed to report it.  Common sense dictates that his own kids are in danger. Coming from an abusive background is no excuse for raping children.  Many have suffered the same fate and worked to rebuild their lives, even becoming counsellors to help other sufferers. This man has the presence of mind to hold a job and support a family; can't say I'm buying in to the mental health defence. However, next time, you might not be so lucky.  Next time, the family involved may not be interested in turning the matter over to a broken justice system.

  10. Anonymous says:

    Indeed a very sad day in the Cayman Islands justice system – nothing more can be said.

  11. Anonymous says:

    So what does it mean that the rape charge was left on file?  Can he still be charged with that?  And if so, why aren't they pursuing this?

  12. Len Layman says:

    It is critical that our lawmakers act now to review and update the sentencing guidelines being used by our judges.

    Nothing is more vulnerable or precious than the innocents of our children.  It is our job and the legal systems job to protect them.

    If we are to err it must be on the side of the children not the perpetrator.   There is no crime greater than the rape and/or defilement of a child and we must make sure our legal system treats these crimes accordingly.

  13. Anonymous says:

    XXXXX

    as long as we continue to use weak words like defilement and molestation to describe the horrible acts commited upon children time after time in our society it'l continue to be treated as if it is somehow ok.  It is rape and that is only because there isn't a word that is more brutal than that to describe it.  how can you rape a woman who stands some chance of fighting you off and get 20 years but rape a child who has no chance of fighting you off and get probation?  

  14. Unison says:

    Wow. I don't know what to say. I shake my head. This is a very complex matter and yet we are dealing with a very young girl that really has no mind of her own, and an ignorant man whose life is really tied up with circumstances that are detrimental to the welfare of his children. I wonder if Justice Quin has second thoughts about the judgement he made. It is a complex matter, but then "rape" has been committed.

  15. Native says:

    If a man rapes a 13 year girl… has his children / family to take care of, Justin Quin, and you have boys who are found with guns getting 10 years and not firing a shot, then why can't this man receive his mental treatments on a probation order with an electronic monitoring device as to his whereabouts. Think of the victim's fear that this man is free and could decide to come after her. Your justice seems imbalanced to me. If the man cant go to jail for the offense, at least place a montoring device on him so after work he goes straight home to his wife.

  16. expat says:

    Justice Quin's sentencing sounds fair to me, but a bit incomplete. In the UK they have rehabilitation centers for people like Andrew. I don't believe in condemning someone for life for wrong that they do. On the other hand, I think the Justice should have included some sort of monetary compensation for the victim's trauma and emotional distress. He should have ordered Andrew to pay a sum of money to the victim. If the victim's family had to pay some sort of medical or psychiatric expenses, Andrew should have paid at lesat a portion of that. 

    • Anonymous says:

      Oh really, but the young girl is condemned for life because what should be a beautiful and enjoyable experience was a horrific one for her and no doubt she will have problems have a sexual relationship for the rest of her llife.  He has condemned her to a life of fear but he just gets a slap on the wrist.  Do you really think his own kids or yours or mine are safe from him?  

    • Rorschach says:

      hmmm…interesting train of thought you have..you don't "believe in condemning someone for life for the wrong that they do"..

      I hope you are not a parent…if you are, then you should go into your childs bedroom while they are sleeping…sit beside their bed and IMAGINE someone coming into their room, dragging them out of their bed and RAPING them…

      NOW, TELL ME you don't believe in comdemning someone to life for it…

       

    • Anonymous says:

      Excellent…cash for non-consensual sex is the answer?  Give me a break.  This man needs to do hard time, lots of it, and serve a penalty that will set a harsh example to discourage others from doing the same.

  17. Frank says:

    This an absolute joke. Please explain why it matters if this piece of sh*t has a family to feed if he has "mental health issues and a 40% chance of re-offending". In essence you are taking a gamble that he wont repeat offend. This is disgusting. The whole judicial system of the Cayman Islands needs looking at. You have teenage age recreational marijuana users servings months on end in jail while murderers and child rapists walk free because the judge feels that "rehabilitation is more important". How some of these people sleep at night is beyond me. Im sure karma will catch up to this a$$hole soon enough. No body likes a rapist.

  18. Anonymous says:

    This IS 2013 correct?  Am I dreaming here???  Or are we just crawling out of caves????

    This is a prime example of how women have no rights protected here in the Cayman Islands and that the law is unable, unfit and seemingly unwilling to do anything about it.  Shame, shame, shame on the entire legal system for this unspeakable injustice.

  19. DO SOMETHING NAH! says:

    If you would like to actually DO SOMETHING about this, then JOIN US by adding your voice to our VIDEO PETITION.

    Record yourself (video) reading the petition (below) on your computer, smartphone or tablet and email your video to civideopetition@gmail.com .   Once compiled, the video will be disseminated via email, You Tube, facebook and any other media possible.

     

     
    PETITION TEXT (what you are being asked to video)
     
    I, (insert name here), am outraged, disheartened and disgusted by the fact that our current legal system is such that an adult who admits guilt over sexually assaulting a child is given more consideration than the victim of his/her crime.
     
    I *demand* that our elected representatives- and that means you:
     
    Juliana O'Connor Connolly, Rolston Anglin, Mark Scotland, Cline Glidden, Dwayne Seymour, Alden McLaughlin, Kurt Tibbetts, Moses Kirkconnell, Anthony Eden, Ezzard Miller, Arden McLean, McKeeva Bush, Mike Adam, Ellio Solomon, and Eugene Ebanks-
     
    make the issue of child welfare, and more specifically child sexual abuse, a matter of priority and give it not only the attention but the action that it requires.  This is a multi-faceted, complex issue which will require a multi-sectorial, holistic solution.  However, it is clear that a starting point is by doing a comprehensive review of the cases of child rape, assault and defilement and the current sentencing guidelines being used by judges.

    This is not about revenge or getting even.  This is about determining what kind of society we would like to be.

     

  20. Mom in GT says:

    Another day in West Bay.  This result is shameful.  What about the victim?

  21. Anonymous says:

    “Not only must justice be done; it must be seen to be done.”

    To Justice Quinn and the Honourable Sam Bulgin, Sirs, where is the justice in this case?

  22. Anonymous says:

    and now this young girl must live in fear every day and night that she will come face to face with him, or even worse, that he will do hte same thing again.  A thrteen year old girl is a child – a little girl.  We are giving the message that its ok for men to do wahtever they want to our children and all they get is  slap on the wrist.   The wife should think twice about staying with a rapist and whether the kids are boys or girls, they are at risk too.  What a blasted disgrace.  If he is that mentally ill, he should be in a institution – oh I forgot, this is Cayman, this is how mental illness is dealt with. Either locked up in jail or free to roam the streets and terrorize the innocent.  

    • noname says:

      OK this judge does not make the final decision here. How about the lawyer appealaing this ridiculously  "non-sentence' and put it back in court all the way to the privy counsel? We need to let judges, the judiciary, even jurys know that we will fight for justice.

      LAWYER FOR THIS LADY, APPEAL THIS DECISION AND GET THIS DOG SENTENCED PROPERLY.

       

      10 years for defilement.

    • Anonymous says:

      My wife was also raped in our home in West Bay, and the rapist was fortunately sentenced and is still in prison!

      This is a crime which destroys people all around, for years after it occurs and the punishment should reflect this fact!

      Are the MLAs who make and amend our laws listening to all the posts here??

      Well-DO SOMETHING and stop electioneering and making glamour trips to Europe.

      Appeal this so-called "sentence" and bring justice to this child and her family!

      In my case the rapist was paroled, and came outside my house taunting and grinning, but before I could get to him, he assulted anotheryougn woman in West Bay and was send a\\back to prison, where he still rots.

      In such cases the Parole Board should inform+consult with the victim (and the community) when a rapist is about to be set free!

      May he rot in hell – and so should thiscum of a dog who would rape a child "because he is drunk".

      I guess that also says what I think about his sentence – or LACK thereof!

      • Anonymous says:

        YOur wife is a very brave lady for coming forward and helping to put this man in jail.  I'm sure there are many more who do not, because we all know what a horrific experience it is, going to court and having the rapists lawyer accusing the woman of all sorts of things to try to get their clients off.  Thank God he is in jail and I hope that you are having counselling to try to come to terms with this terrible experience.   The fact that he would come to your home to taunt her is disgusting and proves that there is no remorse, no guilt no shame for what he has done.  Maybe the same thing will happen to him in prison one day and he will realise what it is ha has done. 

  23. Anonymous says:

    of course he needs psychiatric treatment , anyone that rapes does.but they also need a long prison sentence,this is so wrong ! young men go to jail for guns for 10 years without firing a shot , this scumbag rapes an innocent 13 year old and walks free , any angle you look at this from its WRONG.

  24. Anonymous says:

    caymankind justice…… just another day in wonderland….

  25. Whodatis says:

    Welcome to the wonderful world of "human rights", folks.

    Such sentencing is likely influenced by these concerns, or it could be yet another example of the ridiculous approach the British legal system takes to sexual offences – against both adults (women) and children.

    (Bear in mind the similar "concerns" raised by the defence counsel of the individuals convicted in one of our prominent cases here on-island.)

    Far more absurd judgements are handed down in the UK and EU in similar cases on a daily bases. (Note the criminal history of this piece of sh!t. Nevertheless, the judge / system still entertains the notion of parole on the basis of a future evaluation deeming him as "no longer a threat to women".)

    I'm sorry, certain people do not deserve to see the light of another day.

    I only hope the victim in this case is recovering well.

    • Anonymous says:

      The guy is a paedofile plain and simple, nothing to do with the UK, entirely to do with our own backward judicial system. He should be named and shamed and put on a sex offenders list, then let nature take it's course.

    • Anonymous says:

      As always you understand very little.  This has nothing to do with human rights.  It has to do with an incompetent Director of Prosecution and an incredibly poor decision by a Judge who ought to have known better.  You don't like human rights?  Perhaps you ought to live in North Korea then. 

      • Whodatis says:

        Couldn't help yourself, could you?

        Absolutely amazing …

        • Anonymous says:

          Couldn't help myself telling the truth?  Have you ever lived in a country where there are no human rights (aside from the Cayman Islands)?  I have, and it's not pretty.  So once again, it's not the human rights that are the problem, it's the inept judgment and prosecution of this case – period!

  26. Anonymous says:

    You have got to be kidding me! Justice Quin, I have always had the utmost respect for you, however i am disgusted by the sentence that you have passes on this man.

    You have given a suspended sentence to a 31 year old man who broke down a door, and pulled a 13 year girl from under a bed where she was trying to hide and RAPED her. And your justification in letting this man walk free, despite the fact that he has a 40% chance of reoffending, is because:

    1. He is mentally unstable
    2. He had an abusive childhood with no normal relationships
    3 He served 8 months on remand
    4. He has a wife and family to support

    You consider 8 months in remand an acceptable price for the rape of a 13 year old girl.

    Tell me something Justice Quinn? Would you consider that a fair and just sentence had that been YOUR 13 year old daughter. I didn’t think so.

    As for the Legal Department, you are also a disgrace. What? Was it too much work for you to actually try and prove your case so you accepted a charge of simple Defilement?

    So this rapist gets counseling, goes back home to his wife and children ( I hope that neither child is female), and keeps his job with absolutely no consequences? His wife is the one that needs counseling for staying with a rapist and the children need to be removed from the home as obvisiously neither parent is fit to be a parent.

    What about the victim’s rights? What about her mental and emotional well-being? What message are you sending to other would be rapists? Just cry that you were abused and serve a few months in jail and you’re good to go.

    When are we going to have a Sexual Offender’s Registry? When is this island going to stop sweeping rape and incest under the carpet? At the rate we’re going we’ll soon be following in India’s footsteps.

    I am very disappointed in you Justice Quinn. I expect no better from the Legal Department. But I did expect better from you Justice Quinn.

    • Anonymous says:

      Who can blame people when they want to take justice into their own hands considering results such as this.

      I have no faith in the judicial systems here whatsoever and hope that some of those people who are part of this system will eventually experience such crimes first hand. Perhaps that will give them a clearer picture of what the victims go through.

      I hope the judge realizes that when passing this sentence, he sentenced the poor girl at the same time and honestly questions how some of these people sleep at night.

      Typical male chauvinist society where women and girls can be mistreated, sexually abused and victimized and it appears to be just fine, but don't be caught smoking a stick of ganja or else!

      Please do the right thing and post a picture of this monster so everyone can be aware. I don't understand why picture of people who commit white collar crimes are constantly all over the news and pictures of the worst criminals can not be circulated due to some human rights BS. Human rights my ass!

    • Environ-mentallist says:

      Justice Quin, this commentor is spot on. You've just been called out big time. The country is dissapointed.

  27. Terrible says:

    How does the Crown justify not going after the defendant on the more serious charge ofrape?  They have gone out of their way to try and convict innocent people for far less with far less proof…  I suppose it’s par for the course for them.  Disgraceful as usual!  Can't say that the judge did much better either.

  28. Kato says:

    So what happens to the victim? I really believe the court system was set up by a bunch of criminals to protect criminals! Where’s the justice for this poor girl who is probably going to be tramautized for the rest of her life? This is really disgusting and the system must change. Too many times the victims are victims of the court system. Luckily this young girl survived to tell the story.

    The bible states an eye for an eye and this is the best remedy for crime prevention. I betcha no more sick perverts would want to rape minors again if they had to share a bath in prison with Bubba!

  29. Anonymous says:

    The only way they can guarantee he won't repeat the offense again is castrate him….

  30. Anonymous says:

    So how does the court intend "to create the circumstance where the defendant would never commit such an offence in the future". Castrate him?

  31. Anonymous says:

    This is a disgrace.  Sexual predators always reoffend.  They should be locked up forever or be castrated and given hormones.

  32. Anonymous says:

    This is disgusting. This is rape. This is NOT justice!! WTH is wrong with this judge?

    • Anonymous says:

      OMG What a disgrace to the judicial system in the cayman islands.  Rape is rape and to a 13 year old??? He dragged her in the house for god sakes what is wrong with the judge????? It seems the law protects the criminal and not the victim…..

  33. redshank says:

    this is a joke , he should put away for a long time.