No jail in testicle assault

| 10/03/2014

(CNS): A mother of five was handed a twelve month probation order last week despite a serious assault on her errant husband’s testicles. The East End woman pleaded guilty to assault charges following a domestic dispute with her husband in February 2012, just a few weeks after her fifth baby was born, when he returned home late. In frustration over her husband’s philandering and lack of interest in their children, including the new baby, the woman took “matters into her own hands”, a Grand Court judge observed when he heard the details of the case. Although the man suffered serious injury when his scrotum was torn from his testicles, following emergency surgery he made a full recovery.

Justice Charles Quin was lenient on the mother because of her glowing references, previous good character, her dedication to her children, her remorse and the fact that the isolated assault occurred when she was trying to care for a brand new baby as well the couple’s four other children.

The judge heard that her husband had refused to take his wife to the hospital when she went into labour and left her to make her own way home to East End after the birth and was not even home to greet her and their new born child. The court heard that the man was showing little or no interest in his family as he was having affairs with other women. Justice Quin said it was clear that the mother of five was exhausted at the time of the assault and he had a great deal of sympathy for her.

Explaining the circumstances of the case, Kenneth Ferguson, the prosecuting counsel, said that on the night/early morning in question, her husband went out and returned very late, even though she had urged him to stay home and help with the children. Instead he had disturbed them, and in frustration she assaulted him in the area she believed was to blame for the problems they were having. She grabbed his genitals during the scuffle between them, but as her husband pulled away she held on and the man’s testicles were torn and ruptured, causing a considerably more serious injury than had been intended, the court heard.

Nevertheless, given that the man had made a full recovery as a result of the surgery, Justice Quin took on board the recommendations in a social enquiry report from the Department of Rehabilitation and those of the prosecutor, Ferguson, and the woman’s defence attorney, John Furniss, that this was not a case where a custodial sentence was appropriate.

The judge said it was clear the husband was “more interested in going out with other women than looking out for his own family”, and observed that were the mother to be separated from her children, given the obvious lack of interest by the husband, this would make a bad situation worse.

With the couple now separated, the husband was also heard to owe a considerable amount of maintenance for his five children but was seeking a divorce and to have his wife deported.

Given the mother’s dedication to her five children while holding down a job to provide for them, in contrast to that of their father, he warned that her departure would be an “appalling consequence” for them in a case that was ”deeply unfortunate”, and he recommended that she was not deported. He handed down the twelve month probation order, confident that the woman would never return to the dock.

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Comments (75)

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  1. Anonymous says:

    There are many forms of abuse, mental , emotional, verbal and physical. Many responders here, I bet all Caymanian men, never heard of the first three. This poor woman was a victim of such abuse. Stone age mentality still prevails here.  

    Deporting her? Is she a slave? How can anyone can even come up with that ?

    • Anonymous says:

      Being convicted of a serious criminal offence is one ground for deportation. It has nothing to do with slavery. And stop justifying this horrific crime.

  2. Anonymous says:

    She deserves a medal.

  3. Anonymous says:

    Shocking to see the flippancy with which people are treating domestic violence.

  4. Anonymous says:

    Reminds me of an incident in the parking lot of Kirk's on Eastern Avenue.

    I was loading up my shopping when a woman walked over carrying a concrete block, which she threw through the back window of the car parked next to mine. She then looked at me and said something like, "That'll teach the cheating Mother F***er," and walked off.

    Moral – Guys, be careful who you screw around with! 

          

  5. ThIs WrItInG Is VeRy IrRiTaTiNg says:

    This guy sounds like are real loser but that doesn't mean the victim can't be judge, jury and executioner in any matter. Justice Quin has now set the bar for vigilante justice in the Cayman Islands.  Judge "Vigilante Advocate" Quin please let the law abiding citizens know exactly how far we can go in serving up "justice" before we will go to jail.  We'll make up a story about how we've been wronged and how the person basically deserved what they got.  We can also provide glowing references and tell you we feel bad about it if that is going to help.  Will you hold it against us if you hear the same story in more than one case or will repeat vigilantes be held to a different standard?  We're just curious to know how much of a beating we can put on the punk gangster wannabees that are roaming the island doing what they please.  The next time they look at us the wrong way is it open season? Cuts, scrapes, bruises and broken bones don't normally require emergency surgery so they should be allowed right?  Also, how far can we go with beating sense into drivers that don't follow the basic rules of the road?  The police can't be bothered to enforce the rules of the road on a regular basis so let's see how a bunch of angry vigilante citizens do. The next time I have to stop suddenly to avoid hitting someone that has just run a stop sign or red light am I allowed to follow them until they stop and teach them a "lesson"?  How about when I see children roaming free in moving vehicles?  Am I allowed to show the person driving how much damage can be done by a human headhitting a solid object as a result of a sudden stop?  Bashing their heads into the windshield of their own vehicle a few times should drive the point home.   I have one final question.  Does it matter if the people receiving the vigilante justice are male or female?  It would be good to know if vigilantes should work in pairs (one male and one female) or if we can "educate" both sexes equally.

    • Key "STONED" Cop says:

      Let me ask you this Irritating 9:45! If this slacker had you by your hair and was beating the hell out of you, because you questioned him about his screwing around, and suddenly you find yourself  on the floor looking up, and  what you see hanging in your face is his bag of nuts, would you not  grab hold and pull with all your strength to prevent him from killing you?

      And your is?   Aaaah, Just as I thought!

      • Anonymous says:

        If that was the case then she would have pleaded self-defence and would not have been convicted, period. Stop making up stories to justify this serious criminal offence.

      • ThIs WrItInG Is VeRy IrRiTaTiNg says:

        Sorry but there's no mention in the article that he physically assaulted her at any time during the relationship or that her life was in danger at the time she assaulted him.  He's portrayed as a deadbeat dad that cheated on his wife regularly not a wife beater who finally met resistance from his victim.  If there's more to the story and it was self-defence that is an entirely different discussion.  The point of my comment was that people can't dispense justice as they see fit otherwise we'll end up with anarchy. 

  6. Anonymous says:

    A very poor response from the Court to serious domestic violence.

  7. momma says:

    Everyone here is worried about the "man". Is he?  Seems to be a sperm donor, who doesnt want any responsibility in raising them.  He is the disgrace, not her.  People say send her to jail, why would they do that?  Who would raise the 5 children?  Certainly not him.  I wish she ripped them all the way off.  Good for her!  He deserved this.  More than likely he is running around trying to impregnant others, all the while his kids are being raised by the mother he was abusing and using.  He is the one to be in jail.

  8. anonymous says:

    Caymankind

  9. Anonymous says:

    Kinds thought this was going to be a painful report to read through, and it certainly didn't prove otherwise. I need a beer.

  10. Anny Omis says:

    12 years a slave won the Oscar. Too bad that is the way we treat out CAYMANIAN children. It is sick, that we punish our own children, by deporting their mothers. Why, to protect their deadbeat dads, and the gutless politicians who elected them? Are these not our blood?! You force out their mothers, deny our children, and let their ‘fathers’ off scott free? Karma is a bitch, and I hope all of those who condone this get it back times ten.

  11. Turtle Stew says:

    Was he a member of the PPM?

  12. Anonymous says:

    Domestic abuse shouldn't be funny, no matter the gender of the perpetrator.  But i have to be honest and say I got a chuckle to start my week reading this story. Da wha ya gyet!

    I fully appreciate the comments regarding if these genders had been reversed, but they weren't reversed and a large segment of men in this country need to step up and take care of their responsibilities.  Tear a few nuts off and maybe they Will get the message.

    p.s it's a man writing this post.

  13. hep mi "PLEASE" says:

    Honey! Have you seen my protector that I wore  when i was taking judo lessons? Yes dear I'm keeping for you!  Oh good!   Can I have it please? Sure! Are you starting up your judo training again dear? Not really, but I just miss wearing it. REEEAAALLLY? 

  14. xxx says:

    There is much more to the story than this incident which I am sure the judge heard and used to determine her sentence.  Not everything needs to be made public.

    • Anonymous says:

      All we need to know is that a serious criminal offence was committed and that the perpetrator had no defence to it. If complaints about your spouse's bad behaviour were a defence then no one would ever be convicted of domestic violence.  

  15. Anonymous says:

    Judge Quinn is a really good Judge.  God bless him and may he reign for a lobng time.  Thanks Judge Quinn for being a fair and good Judge; a man of much wisdom.

  16. Anonymous says:

    By reading the comments, I guess sexism only applies to guys, just like racism only applies to whites.  

  17. Anonymous says:

    The next woman will take the whole wheener off! This dude sounds relentless.

    • Hancock says:

      Sounds like the woman had a ball.

    • Anonymous says:

      maybe more cayman women should  use the surgical procedure to resolve  their issues of hsbands inbfidelity! ntime to stop takig abuse from  Cayman men!   lesson learned!

    • Anonymous says:

      My wife is fantastic.I feel a wonderful dinner out and a whole lot of attention and respect going my wife's way. Did I tell you how wonderful she is? And gorgeous?

    • Anonymous says:

      But didn't that guy up north get his reattached?

  18. Anonymous says:

    I can't say I have an ounce of pity for this man.

  19. Anonymous says:

    Sounds like a Lorina Bobbet situation to me.

    What a 'wutless' man!

    How can he expect to have her deported when he is the one screwing around on her?

    He is such a bastard!

     

    • Anonymous says:

      The double standards and hypocrisy on this are staggering. Not so long ago a certain politician was taking matters into his own hands because of an unfaithful wife and everyone jumped on the politician and mocked him. Now, all of sudden, you are so morally outraged by unfaithfulness by a man that you are endorsing domestic violence. Disgusting.   

      • Diogenes says:

        That will be the case where the couple had already separated, and the mla decided not only that he had the right to determine how his wife led her life post break up, but that he needed a friend to help him beat up her new partner.  Hardly the noble effort you imply.  In this case the guy not only ran around sleeping with other women whilst having 5 kids including a baby, but didn't even take her to the hospital when she was in labour?  You are defending the actions of scum by reference to public criticism of another A*&^%$£ who seems to have the same caveman view of how to treat women. 

        • Anonymous says:

           That has nothing to do with defending his actions and everything to do with recognizing that none of that provides a justification for this serious act of violence.  The rule of law is not just there for people you like. Your hypocrisy is amazing.

      • Anonymous says:

        Actually, I thought he deserved it too.  My father says that when a woman starts cheating, you know your relationship is in big trouble.  He was probably not giving her the attention she deserved either.  Dear men/women if you don't want to take care of your husband/wife step aside so the real winners can.

        • Anonymous says:

          Thanks for proving my point. Excusing domestic violence because the victim is a man, albeit  a bad husband.

    • Fred the Piemaker says:

      He can "expect  to have her deported"  in order to avoid having to pay maintenance because that is the "Caymankind" law – he is a Caymanian, she is not, she has no right of residence once the marriage breaks down, when he tires of her he can get Immigration to tidy up hs mess.  Not so different from slavery days, guys – if you are as appalled as you should be, then ask the mlas to do somethng about it.

    • Anonymous says:



      13:38 I thought it wasnt the act of a Caymanian as those poor women usually have to grin and bear their problems.

  20. Anonymous says:

    With the way our government screws us who needs sex on the side??

  21. Anonymous says:

    Bollocks!

  22. Anonymous says:

    It is a pity that he could get back his testicles! This is the problem , we are facing in society nowdays…men are just there for the fun of making babies but most of them, can't step up! hence children are growing up without a father moral support and are potentially a danger to society.

    • Anonymous says:

      Birth control?  Do women have to have a kid every time they…?  It's not all the man's fault.  This one though now he's useless but lady please don't have anymore kids!  For nobody!

      • Anonymous says:

        18;42

        I have to agree with you.

        Women need to be more sensible and get educated on birth control. We're not in the days where contraceptive are  hard to come by

        Did the news said she had 5 kids?

        Im sure she had this problem with her husband long before the second child  came along.

         

    • Anonymous says:

      and unfortunately we have enough stupid women with no sense of self worth and self respect who keep opening their legs for such bastards, damn well knowing that they won't be around to take care of the kids!!!!

      I don't understand why women in this region think they are nothing unless they have some dude in their life!

  23. Anonymous says:

    The equivalent would be a man suspecting his wife of adultery and causing serious internal injuries in her vagina using a foreign object.  He would be in jail now.   

    • Anonymous says:

      In your scenario, the man is constantly taking care of 5 children right? He picked up their newborn baby at the hospital while she was off messing around right? Make sure you see the whole picture before trying to make her look the bad one.

      • Anonymous says:

        None of that has the slightest relevance as to whether this woman should be in jail. She committed a serious criminal offence for crying out loud!

    • Anonymous says:

      The is the British system me lad…. you know you must be a "Gentleman" and never ever ever hit a woman!  lol… trust me, if this was the U.S. the court system would have made that woman serve time.  And in my opinion if a woman can punch like a man, she can take licks like a man too. In this system, you hit a woman you serve time, but she cuts you up with a knife, some judge here lets her go off. To me thats a miscarraiged of justice that is prejudiced. 

    • Anonymous says:

      Doesn't mean it doesn't go on!

  24. Anonymous says:

    And we wonder why our kids don't do well in school and give problems?

  25. Anonymous says:

    jut one thing to say, Never under estimate a woman's scorn…

  26. Anonymous says:

    Wow.  Imagine the genders had been reversed and a female assaulted so seriously.  If the court had said "it was clear that the wife was more interested in going out with other men than looking after her own family" there would (rightly) have been an outcry about the justice sytem blaming the victim.

    This sentence is a disgrace and the DPP shoud ask for it to be reviewed.

  27. Anonymous says:

    All I will say is 'Thats whacha get!'  Make it so he cant reproduce again!

  28. Foreign Devil says:

    Open season on testicles boys, watch your contents!

  29. Anonymous says:

    So many sperm donors and recepticals; too few real men.

  30. Anonymous says:

    Ouch!!!! That'll teach him not to disrespect his wife won't it? 

    • Anonymous says:

      No!  They will all go out and still keep doing it.  He'll find some woman to feel sorry for him cos she wants a 'man' in her life!  Sad and pitiful!

  31. Anonymous says:

    He sounds like an as*hole. 

  32. Anonymous says:

    Any assualt which leads to emergency surgery should result in a jail term of at least a year.  I am tired of all these criminals parading "glowing references".

    • Anonymous says:

      So you are attacked, defend your self as you are entitled, injure the person attacking and you should go to jail for a year? Sounds like you got a brain injury in the last attack..

      • Anonymous says:

        Making up the facts now, are you? Please show me where the report says that she was attacked? If this had been self-defence as you suggest she would not have been convicted at all.

  33. Anonymous says:

    This is just a load of bollocks, isn't it?

  34. Anonymous says:

    The only fault that I can find with her is the fact that she felt remorse. I hope she was just pretending to avoid jail. I'm a Caymanian man, but this woman deserves a medal.

    • Anonymous says:

      ok what she did sent a message, but come on now – the 5th baby? Surely she isn't the sharpest pencil in the box if she had a baby (never mind if all 5 are his!!!!) from this guy cause I am pretty sure he didn't just start acting the way he did after the baby was born!!!!!!!

  35. Anonymous says:

    wow, talk about taking matters in your own hands.  

    • Anonymous says:

      That's because people do not anything about it in this region.  Why did she have to go so far? Why was he not home looking after his wife and children?  Why do people feel sorry for these men and why do other women want to be with these men.  It needs to stop.  She didn't abuse him, he abused her.  Physically and mentally.

      As someone said, don't keep having children with these kind of men.  Have some respect for yourself so that they don't push you so far so destroy your life.  Let them destroy their own, not yours.  Don't forget what kind of disease they could be passing on to you and your children.

      Women, have some respect for your body, yourselves and your children.  Stop having children with these men.

  36. Anonymous says:

    That's disgusting. Domestic violence is domestic violence whether the perpetrator is male or female. Nothing can justify it. Had the guilty party been a man he would have been in jail. This amounts to gender discrimination.

    • Anonymous says:

      Have you heard about mental and emotionsl abuse? This woman suffered from this kind of abuse for years. Testicles healed fast, but emotional, mental abuse have long lasting consequences. 

  37. Anonymous says:

    Cock a doodle doo will not be crowing anymore, I am sure!!!!

     

  38. Anonymous says:

    When you can't control your animal passions and lust after someone else, it will have consequences. You can't keep a woman and live a single life at the same time; a small crack will become a big one. As for the woman, what ever happened to birth control and taking responsibility for your life?

    • Anonymous says:

      Maybe she thought she was doing her duty as a wife and mother.  As many did, many years ago when abuse was also rife and still exists in the so called 'developed' countries. This region and mentality is not in this century yet.  It will take a long time for the mentality to change and unfortunately the abuse will continue in various ways. 

      This does not mean that men do not have rights too, abuse is abuse.  Don't get married and live your single life, stop abusing your women and children!  Goes for women too, don't have your children over and over again with men that still going to bars and never there for you.