Rapist awaits appeal decision on life term

| 13/04/2016 | 34 Comments
Cayman News Service

Convicted rapist Jeffrey Barnes

(CNS): The Cayman Islands Court of Appeal is considering whether a life sentence given to a serial rapist should be reduced to twenty years. Defence lawyer Nick Dixey argued Tuesday on behalf of his client, Jeffrey Barnes (36), that twenty years should have been the right sentence for his client because a life sentence should be the last resort for a sentencing judge. Dixey said life is not mandatory in the Cayman Islands and a psychological report of Barnes before the sentencing found he was at moderate, rather than high, risk of re-offending.

Dixey said the judge should have addressed why he felt the case deserved a full life term in his sentencing ruling and should have indicated that he was considering a life sentence to both the crown and the defence at the sentencing hearing so that it could have been argued and challenged if necessary.

In rebuttal, the crown, led by Director of Public Prosecutions Cheryll Richards QC, revealed to the panel of three judges the nature of the case, the history of the defendant and the reports. She said that, given all the circumstances, the judge had come to the sentence of “life”.  She told the court that there was a level of uncertainty that Barnes would not re-offend and a specified term should be used when the courts can be confident that a defendant can be rehabilitated within the term given.

Richards said the sentencing judge took the case in its totality and considered the aggravating factors, the physiological report, a social inquiry and the lack of proper rehabilitation programmes at the prison for sex offenders. She said that with the void of good rehabilitative programmes, the judge could not determine a fixed term within which Barnes could be rehabilitated. Noting that programmes to help rehabilitate a convicted rapists were not mandatory in the Cayman Islands, she said that without certainty, it was appropriate to give a “life’ sentence and leave the decision a parole panel.

Barnes was sentenced to life after a third conviction for rape, having denied raping a woman in her bedroom, having broken into her home, in October 2011. He had already been given a 15-year term following his guilty plea for the abduction and rape of a 49-year-old woman from a bus stop on Shamrock Road. This followed a much earlier conviction in 2001, also for rape. At the time of the sentencing Justice Charles Quin said Barnes was a violent, dangerous man who was likely to offend again if not imprisoned for a very long time. In the judge’s view, Barnes was a serious risk to women in the Cayman Islands.

The appeal court reserved its decision and the judges indicated they would consider the arguments and come back with a written ruling, possibly in the next sitting.

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Category: Courts, Crime

Comments (34)

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  1. Anonymous says:

    Human Rights proponents often are happy to take the side of the convicted but they seldom speak for the victims; at least not openly.
    In my opinion, convicted violent rapists should be castrated or at least medically inhibit their ability to have an erection…permanently.

  2. Anonymous says:

    How do we know that he is not getting practice and training for when he is released by raping men while in prison? Let’s face it, he is a very sick man.

    Unfortunately, this society does not take the protection of women and children seriously at all. I recall not very long ago calling the police after a woman complained about a man who was following her while pleasuring himself only to be told that he was doing nothing wrong. I was shocked and found out later that a neighbor who also witnessed it called the police only to be told that the man was doing nothing wrong. I followed to be sure the woman was safe but it should have been dealt with by police when the calls came into 911.

    We later found out that this fellow had been doing this for years but was protected due to his prominent family name. Shame on the police and his family.

  3. Anonymous says:

    There is another local serial rapist (armed & home invasions) who was recently released from prison here. And guess what? He was locked back up again within days .
    Combined castration and decapitation are the only solutions for them.

  4. Anonymous says:

    Having known Jeffrey from my days of childhood, I can attest to the fact that he is one fundamentally flawed individual. I can’t say what is the reason or genesis of his dysfunction, but we can rest assured that there is always a risk of him reoffending and continuing to be a threat to women and the society at large.

    In fact, his convictions as a serial rapist are of great interest to me today. I say that because Jeffrey played a starring role in a memorable incident in my life.

    One day, myself and the other kids were just being kids and running around. Along comes Jeffrey, the known troubled kid, and pulled me to one side asking;

    “Aye, you wan’ see sumtin’?!”
    “Sure”, I replied.

    Lo and behold Jeffrey pulls out an x-rated magazine to an image of a naked woman spread-eagle with her privates on full display.

    Personally, I was horrified and confused and wasn’t sure what to make of it but realising that only encouraged him as he shoved the magazine closer to my face, jeering;

    “You know wha da iz?! Da’ pussy ya idiot! You ‘fraid a it awa’ – try look?! Ha, ha, ha, ha!!”

    So yeah, Jeffrey was the person that introduced me to the naked adult female form however, I was far from puberty or having any natural interest in such imagery at that time – as I mentioned earlier, I was a child at the time – so was he!

    Nevertheless, Jeffrey was deeply moved and obsessed by these things and it was to an extent where it was “odd”. (Anyway, I’m sure a mental health professional could connect these dots better than I.)

    • Anonymous says:

      A male getting off on a pornographic image is quite normal, bobo. Rape is not normal and is not connected to the act of enjoying looking at pictures of naked women.

      • Anonymous says:

        Ok, please remember your own words when your young daughter develops an obsession for “dick pics” long before her rightful time.

        smh

    • Clint says:

      It’s obvious Jeffrey’s issues stem from his own childhood; his parents at home, whether it be a mother, father or both. Some bad things happened to him that is clear. He obviously saw things children are not meant to see.

      His reaction to you when he showed you the naked female was a response you can tell came from an adult who either spoke to him in this manner or he over heard them saying it. Hence, he is emulating the behavior he witnessed as a child.

      He probably sees nothing wrong with what he has ever done.

  5. Anonymous says:

    NO NO NO!! Do not release this man EVER! He was barely out of prison the last time when he horrifically tortured and raped his last victim. He is not only a serial rapist but he’s a sadistic psychopath and has shown no real remorse for any of his crimes. If the courts release this man then every woman on this island is in danger for being his next victim and I’m quite sure his next attack will be more brutal than the last (if possible!).

  6. Anonymous says:

    Locking people up is not rehabilitation and will not avoid reoffending. How about treatment and a reassessment after treatment to determine risk (by the way risks are determined through objective, evidence based, valid and reliable psychological instruments not subjective opinion). Although society needs to be protected it is also possible that a person can be rehabilitated.

  7. Anonymous says:

    If you let him out castrate him first.

  8. Anonymous says:

    If his sentence is reduced and he rapes again when he comes out, can the Judicial system be held liable?

  9. Anonymous says:

    I hope the learned judges on the Appeal Court take note of public opinion, which they should.

  10. anonymous says:

    In my opinion he should have gotten life the first time around. Too many crimes against women have ridiculously small sentences here.

  11. Anonymous says:

    OK revoke the life sentence, and give him 136 years!! Anyone/board who decides to let this animal out is responsible for his actions going forward.

  12. Anonymous says:

    For heaven’s sake….unless he plans to leave the country don’t let him out!! Sad to say but surely some females will be targeted soon after he gets out.

    • Anonymous says:

      Jeffrey Barnes has been a rapist since the late 1990’s….and they are going to even consider an appeal??? Are they out of their minds????? He is a serial rapist!!!!!

      • ....... says:

        I guess if they let him out they will take him serious when he rapes another and possibly kill his victim this time around…….this whole system is so backwards

  13. Anonymous says:

    Sharia type Law needs to be implemented on criminals like Jeffrey Barnes. He was a criminal from his early days at the West Bay Police Station lock up (13 – 14 Yrs) and he has now advanced to the point of no return.

    He will never change – only death or full term life imprisonment will make society better off, as it relates to criminals like him.

    Personally, I would love to “neutralize him” like those members who operate in Seal Team 6.

  14. Lale says:

    It’s like the law makers and policy makers want law abiding people to become criminals.

    Why are rapists and murderers getting a slap on the wrist….

    Society would gladly continue to pay 60,000 or more for this molecule to remain in prison! FOR LIFE.

    I hear people talking about rehabilitation, not for pedos and rapists! Sorry! It can’t be done.

  15. Anonymous says:

    Hope he is NEVER released!! He’s a danger person to all women and children out there. This is very sad but he’s a psychotic person. Please protect us and keep him locked up! He was barely out any time before re-offending last time.

  16. A concerned citizen says:

    This is absolutely ridiculous and a waste of the Government’s money. Jeffrey Barnes is very dangerous to society. He has committed horrible crimes against people. Some have been reported and i am quite sure some have not. Jeffrey is a predator that WILL offend again. The emotional and physical damage caused by sexual assault can cause a person a lifetime of pain and fear. His victims will always feel unsafe if he is released and no one in our society will be safe. Predators like Jeffrey cannot be rehabilitated.

  17. Abdul Abubu Amir says:

    Introduce Sharia Law

  18. Anonymous says:

    This is an animal. Not a human being. Convicted of rape for a third time? Sounds like it’s time to take a good look at how psychological reports are done.

  19. Anonymous says:

    The psychological report obviously got it very badly wrong. How can they use that in his favor when it said he was a moderate risk of reoffending …. before he reoffended! You really couldn’t make this shit up!!

  20. Anonymous says:

    Maybe if he agrees to castration prior to being released after 20 years. Maybe. Just maybe.

    • Just saying... says:

      Castrate him then he becomes a killer. Jeffery Barnes needs to be kept locked away and a lot of prayers.

  21. Anonymous says:

    How do they come to the conclusion that he has a moderate risk of reoffending when he has been done for rape 3 times! Lock him up and throw away the key.

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