Sex assault on 5-year-old gets almost 3 years jail time

| 26/08/2013

(CNS): A 45-year-old man was sentenced to two years and eight months in jail by a judge on Friday afternoon after the court heard the details of the conviction for a sexual assault on a 5-year-old child in a chicken coop. The man, who cannot be named as he was the victim’s step-grandfather, admitted the single count of indecent assault as soon as he was arrested and claimed that it was the devil that had made himdo it. The crown had not pressed a charge of rape as there was no evidence of penetration and it was impossible for the crown to prove otherwise because, by law, the 5-year-old victim could not be sworn in to give evidence.

The crown accepted the man’s admission of indecent assault and also avoided any further trauma for the child, who had revealed the details of the incident to police officers, saying that he had put the “dirty thing” in her. 

The man, who lives in West bay but is a Honduran national married to a Caymanian, was given full credit for his guilty plea by the judge. The court was informed by defence counselthat without his admission there could have been little prospect of a conviction in the case as there was no other evidence besides the victim’s account. Since children so young cannot give evidence under oath, their testimony must be corroborated.

In this case, although the man’s wife, who is the child’s grandmother, said she found the defendant coming out of the chicken coup adjusting his trousers and saw the child bolt for the house, she did not witness the incident.

Visiting judge, Justice Malcolm Swift, found that the defendant had touched the child’s private parts with his penis, placing this into the more serious category of sexual assault, and despite making excuses for his conduct when he blamed the devil, according to the various reports he had shown remorse and shame. Although this was an isolated incident, there were significant aggravating features, including the child’s age and the fact that the man was in a position of trust.

The judge started his sentence in accordance with the guidelines at three years. He added a further year for the aggravating circumstances but with the reduction for a guilty plea he arrived at a total of two years and eight months.

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Category: Crime

Comments (29)

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  1. Anonymously says:

    Wow

  2. Anonymous says:

    Is this a new epidemic in cayman? i swear every day it makes the news, what a bunch of sick bastards, with all the adults here they have to trouble the children, XXX

  3. xxx says:

    I wonder how they know it was an isoplated incident.  The simple fact that this was the only time he was caught.  As it is said on the marl road, this was not the first of many such incidents on several young family memebers.

  4. THE THINKER: says:

    PLEASE SOMEBODY!   TELL ME, THIS DID'NT HAPPEN IN WEST BAY?

    • xxx says:

      Not sure where they got the info from that said WB but it was actually in EE .  No, he is not from EE but from Honduras and married to a Caymanian.

  5. Anonymous says:

    This is disgusting… Cayman has a serious problem which has finally come to light they need more than 3 year. These events to children destroy them physical, mentally, emotionally. Do you know how long it would take to rebuild these emotions…..it can take years, a lfetime or sometimes you never fully regain control of those emotions…..3years is not enough!!!

    • Retired Psychologist says:

      Your testimonials are not true in every case. Sometimes therapists, consolers, police officers and other well meaning (not in every case mind you) bodies/people cause more harm than what the victim may experience directly. This sounds crazy, I know. There’s such a thing as over compensation and pushing for details that for some victims, leaves a greater psychological scar.

  6. 4Cayman says:

    Well the devil told him to do so, the courts should place the wrath of God on him! 3 years, free housing, free food and clothing for this sicko? Give me 5 minutes with him that's all I ask.

  7. Anonymous says:

    What a sicko – chop the 'dirty ting' off!!!

    • Anonymous says:

      I maintain it our legal system is failing the people of the Cayman Islands.

      Does this slap on the wrist judgement which for destroying  a child starts with a value of 3 years.

      Our legal system gives the value of a child at 3 years.

      How pathetic  you are all overpaid  and the writter of that guidance must have been a perverted association.

      I mean did they even deport the man?

      We have enough problem b ut now we importing them as well.

      • SSM345 says:

        Justice will be served in Northward for all these sick bastards, rest assured those who are not Caymanian will wish they were deported and those who are Caymanian will wish they aren't and could have been deported.

        • Anonymous says:

          SSM345 did you actually say that they will get justice in Northward?

          The same place that is called Her Majestys Hotel?

          The same place where it is reported that when the prisoners are getting out tell the guard to hold their cell?

          For a lot of these repeat offenders this is nothing to them but a minor inconvenience much less justice.

          • Anonymous says:

            What you don't understand is that the inmates mete out their own justice to miscreants such as this.  

  8. Anonymous says:

    Deportation Order?

    • Anonymous says:

      Recind his status.  We do not need imported perverts from other countries, we have our own garbage to take to the dump.

      • Anonymous says:

        He does not even have status. It is sick that our authorities are not even asking for the removal of this scum. Immigration – please do your job and revoke his permission to remain. While you are at it please do the same for every convicted expat or former expat. Northward and the Courts have a list.

        • Anonymous says:

          Finger print them first so they don't come back on false passports.

      • Anonymous says:

        True dat. Plentyhomegrown prevents here enough. 

  9. Anonymous says:

    Regardless of whether this is an 'isolated incident' or not is irrelevant. There is never an excuse for sexual assalt, it is totally unacceptable 

  10. Anonymous says:

    What in the world is happening to this place? Also, how come all the churches are silent on this kind of stuff? They usually have to say something about everything, especially important matters such as dancing past midnight on a Saturday…………….

     

     

    • Anonymous says:

      Some of those holier than thou, are in smiliar positions themselves, working as holy devils.

    • Anonymous says:

      they are too busy counting their money…….

  11. Anonymous says:

    Really. Three years and he will be out in the community again in less. Great he admitted hos offense. What if the devil tells him to do it again. It is great that these pigs are being caught but what is alarming is the numbers in which we are seeing. We appear to have a lot of perversion in this community as most that offend are never detected. The law makers need to step up and give hard Mandatory time for these crimes without much judicial discretion. This man is a pervert in the highest sense and definition of the word. It is hard to stomach that him and his dirty thing will be amongst us and this little girl in less than 3 years. Holding a firearm gets ypu 10, holding your dirty thing to a five yeatwold gets to less than 3. Something is npt right with tbat picture.

  12. Unison says:

    "claimed that it was the devil that had made him do it…"  The devil may have tempted you, but God gave you the freedom of choice and to react to whatever mental stimuli there is; you choose to react to the wrong stimuli, and that is what cause you to commit this grevious sin against a minor. But although there is hope for you if you are willing to change, you willstill have to pay the price for what you have done to the girl whether it is in this life or the next. God may forgive you, but too many people take for granted that God is also a God of Justice and Retribution – you pay for what you do. He is not like Santa Claus. If you make the devil in you cause you to do someone grevious harm, you WILL pay for what you do no matter who you are.

  13. Wholly Roller says:

    For a community of govt funded churches we not doing very good in the morality department!

    • Anonymous says:

      When we have a few churches on the island everyting was fine.  After all these back-door and side door churches started to spring up all over the islands, the devil raised his ugly head and we are cursed with sin after sin.  Those people who say they are pastors and bishops and whatever, are worse than the ordinary man on the streets.  Stop the false prophecy and let the light shine on all of us.

      • Datisme says:

        The light never stopped shining.  It will always be the choice of each person to see it.  And the responsibility of parents of each child to point the way.  Caymanians themselves have failed.

    • Anonymous says:

      Nation building. Thanks Mac