Child rapist gets 9+ years

| 23/08/2013

(CNS): A 38-year-old man convicted of rape and indecent assault on a child was handed a sentence of nine years and three months by visiting judge, Justice Malcom Swift, on Friday. The man from Cayman Brac was found guilty by a jury in July of raping his victim when she was just twelve years old and then forcing the same girl to have oral sex with him when she was just thirteen. The jury acquitted the defendant on several other counts. However, the judge treated the offences, both of which occurred five years ago in 2008, separately, and handed out two consecutive sentences rather than concurrent. Justice Swift arrived at eight years for the rape and 15 months for the indecent assault, based on sentencing guidelines and other cases as well as the aggravating and mitigating circumstances in the case.

At the time of the offences, the defendant was married to the child's mother and so considered to be in breech of trust as there was a family connection between him and his victim. He was also accused of threatening the young girl into silence and raped her when her mother was absent from the home. In addition, he had committed the indecent assault when the child's care situation was considered vulnerable.

According to the social enquiry report, he had failed to accept his guilt despite the verdict. Nevertheless, the judge found some mitigating circumstances in that there was no violence or weapon used during the rape and the victim was not physically injured.

He said that the defendant did not ejaculate and, despite the traumatic experience, the young woman had shown signs of recovery from the ordeal and there was evidence to suggest that there was no serious lasting trauma. In addition, the court was in receipt of many excellent character references for perpetrator, whose family had continued to stand behind him.

But he also found several aggravating factors, including the victim's age, the circumstances of the child being particularly vulnerable when the offences were committed, as well as the threats made to the victimnot to speak of what he had done to her, telling her no one would believe her and no one cared and she would be made out to be a liar.

Explaining why he had elected to run the sentences consecutively, the judge told the defendant that he could not treat the crimes as continuous serial offending and had to give effect to the jury's findings and treat each incident separately. He emphasized the seriousness of the rape and his concerns over the threats. Pointing to unrelated previous offences of violence, the judge said all the defendant's offending seemed to have been fueled by alcohol.

"It seems that drink has been behind all this and drinking to excess has been your downfall," the judge observed.

Taking into account the sentence guidelines, the judge also said he had to keep matters in perspective and to consider the sentences in other cases.

As he left the dock and clearly still clinging to his innocence, the convicted sex offender declared the situation was "ridiculous", as he was taken down to the courthouse cells before his return to HMP Northward.

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  1. Anonymous says:

    They need to be publiclly flogged, whipped and castrated. They need to be neutered and solve the problem completely. These pedophiles make me sick, there's a man shortage in Cayman as it is which means there's more than enough adult women for them so they have no excuse but instead they defile and destroy innocent little girls, they ruin our daughters and pretty soon we will be hearing about the ruination of our sons. Woe be onto the animal that cross the line with my child because I will be charged for MURDER no question about it.  

  2. Anonymous says:

    Should have been 90+

  3. Anonymous says:

    The child rapist cannot be rehabilitated. He should have gotten life, or at least his penis cut off.

  4. Anonymous says:

    Rape and indecent assault are two different charges that people are getting mixed up, rape carries a big sentence indecent assault a lesser sentence by law, the sentence for the worthless pig that got six months for indecently assaulting his 8 year old will not  increase much, as you can see this one only got 15 months XXX

  5. Anonymous says:

    This criminal gets 8 years for rape but only 15 months for indecent assault? 

    The victim was not physically injured as the result of a rape? Are you serious? Because he didn't rape and beat her he was given less time than for a rape only?

    No wonder criminal justiceis so confused in this country.

    • Anonymous says:

      I was thinking the same thing! Physical injury will heal. It is the physiological injury that NEVER goes away!!!

      To be honest, sexual assault and rape should get the same sentence. One merely escalates to the other so the intent is ALWAYS there.



  6. Anonymous says:

    Wait, so…  A man who pleads guilty to indecently assaulting an EIGHT year old walks away with a 6 month sentence but a man who indecently assaults a 13 year old gets 9 years. Is it me or is this system BACKWARDS? #Smh

    Talk about being BIAS! Cayman law is full of SH*T excuse my language but things have GOT to change and soon.

    Some of the things I read on hear are BEYOND rediculous. Now a man is accused of murder and possession of an illegal firearm and he is sentenced to life, no evidence, no gun, no nothing, just simply because someone "said" it was him; but a man who robbs a woman, stabs her and TELLS her he is going to kill her is sentenced to a mere 6 years. I seriously need to look into a future career of being a judge because believe me this is some nonsense.

    • Anonymous says:

      There seems to be a lot of confusion about this issue. The perp in this case did not get 9 years for indecent assault; he got 8 years for the rape, andt 15 months for indecent assault.  

  7. Anonymous says:

    This Judge should have sat on the case of the pervert from West Bay who molested his child and only got 6 months. Hope when his case comes back up for trial he too will spend 10 years in child for his astrocity against his child. He always did look creepy to me. Uh!

  8. Anonymous says:

    Very few sex offenders admit to the offence.  

    I am so happy this man has been brought to justice and that he has been given a sentence more commensurate with his misdeeds than some other cases we have been seeing.

    I hope this sends a strong message to the others out there flying below the radar– they too will meet their Waterloo — in one way or the other.

    I am not so sure, however, about the view about the victim's psychological welfare as stated by the judge.  I think it is too soon to judge about the "long lasting" results.  Usually the impacts are subtle and haunt victims for the rest of their lives.  I do hope, nevertheless, this is not true in this case.

    I am also wonder about the discussion on his actions being "fueled by alcohol."  If this is alleged to have taken place due to his being drunk, that is not consistent with the control required to not ejaculating.

    The whole thing is disgusting, and I am glad he will have the time to consider his ways.  I have no sympathy at all to offer, and not at all moved by his protestations of innocence.

    I wish him, however, good luck in jail.

  9. Anonymous says:

    He was always weird while growing up with him!


  10. Anonymous says:

    At least there was some sense of Justice served here. There is a lengthy prison sentence attached to this conviction. We need more Judges not to show compassion or consideration for these offenders. This is a crime that is almost certainly committed by a perspn with a compulsion to engage with a child. We need to treat these people with severe consequences and not bestow on them the idea thatt as a community we can make exceptions for a man or a woman who commits a perverted act. We cannot engage in the dialogue of God wants us to forgive and help mankind no matter the action one has done but instead feel the reality and accept that there is evil and we need to as a community protect pur children from these monsters as most will reoffend. The Government needs to endorse a sex offenders list and as a community we need to insist on longer sentences that give no Judicial discretion to shorten them. It is long overdue that a real stance on this most dispicable act it taken by the community and not just pay lip service to like the majority of other issues that are stared at for years on end.

  11. Anonymous says:

    "mitigating circumstances in that there was no violence or weapon used during the rape and the victim was not physically injured" . THIS IS OUTRAGEOUS. THE  WORLD HAS LOST ITS MIND. 

  12. Anonymous says:

    All should serve this time and more!

  13. Disgusted! says:

    Although he should ROT for eternity, it is a damn sight better than 6 months!

  14. Anonymous says:

    About time the judges give these A holes some real time.  

  15. Slowpoke says:

    Nine years is a good start but, unless he also receives treatment during that period, it is a waste of time and money.  

    BTW, this is true even if he continues to deny responsibility.  Treatment can still be effective in preventing recidivism with those "clinging to innocence".

  16. Anny omis says:

    Better, but not good enough.

  17. Anonymous says:

    Wow, so a stepdad (my presumption) gets 9 years for two incidents, and a real dad gets 6 months for ongoing abuse!!! I wasn't in court,so I do not know the particulars. It states that the dad "molested" the 8 year old. Does that mean she wasn't raped by legal definition so the sentencing guideline were different. Both cases are equally terrible, and the first perpetrator should have been looking at a similar sentence. Why the difference? is it because it was a visiting judge? I am trying to understand.

    • Anonymous says:

      Rape is not the same thing as indecent assault by any definition. 

  18. Anonymous says:

    Maybe this same judge could try to case when the Crown appeals the case where the guy only got 6 months for molesting his daughter! These people are really sick individuals amd when they get a slap on the wrist like 6 months, it is sending a message that what they did does not have an serious consequences. Actions such as these have very damaging, lasting effects on the victim yet in 6 months this person is out and walking around like nothing happened.

  19. Straight Face says:

    Clearly we need more of this "Swift Justice"!

  20. A-nony-mouse says:

    9+ years and consecutive sentencing for this act with an adolescent, yet only 6 months concurrent for separate assaults on an 8-year-old??  WTF?

    Justice here seems to be a lttle bit wonky at times!

    • Anonymous says:

      Rape is not the same thing as indecent assault.

      • Anonymous says:

        You perverts come around my little girls and I will promise you that you will see that indecent assault will be the same as murder for any of you. When I finish with you perverts you will feel as though you were raped. karma is a bitch and there is a book written by john grisham that even though much fiction, every Judge with children should read.

        • Anonymous says:

          I hope you are not so ignorant as to suggest that I am pervert because I am explaining the law to you.

        • Think! says:

          Ahh, yes. Grisham, the end all when it comes to justice. CSI-SVU should be added to the mix as well. Your input is very idiotic, there’s more to the laws then you’ll read in one of those pandering novels written by Johnny boy or that you’ll see in a 44min television show that, you know, is made to entertain. Revenge is all good and well for you it seems, but without the laws and courts in place, chaos would be the norm and a lot of innocents would be paying the price. You murder someone as you fantasised about, someone else in turn murders you for that murder. Etc, etc, etc.