Man to serve 7 years for raping friend

| 09/07/2019 | 39 Comments
Cayman News Service

(CNS): John Michael Soriano (32) was handed a eight-year jail term on Tuesday, following his conviction in February for the rape of a friend at his home on Cayman Brac. Soriano forced a woman, who was friends with both Soriano and his girlfriend, when she visited their home last September. Soriano, who still maintains that the sex was consensual, told probation workers that he was not going to admit a crime he didn’t commit in order to get a lighter sentence.

Justice Marlene Carter saw his lack of remorse as an aggravating factor, as well as the breach of trust between him and the victim because she would have felt safe in the house as she was very close to Soriano’s girlfriend and was friendly with him as well.

However, she also noted a number of mitigating factors in the case. Soriano, who is well educated and had come to Cayman from the Philippines, was doing work well below his capabilities to provide money for his family, including his two children. He has no previous convictions, he did not threaten his victim or use a weapon, he had not planned the attack, he did not try to conceal the incident and used no violence beyond the rape itself.

Nevertheless, the court said that the victim, who has since left the jurisdiction, had clearly suffered from the ordeal. She had reported that she was suffering psychologically and was still traumatised by what had happened. She had told social workers that it had made a very big impact on her life and “not in a good way”, that her “dreams had been crushed” as a result and she no longer felt safe with anyone.

The judge said it was clear that she would long feel the effects of the case and that Soriano’s refusal to accept responsibility was not uncommon among first-time sex offenders as they try to avoid the consequences.

The judge considered that, based on the sentencing guidelines for rape and all of the circumstances of the case, eight years was the appropriate sentence.

As he was taken into custody, Soriano wept as he bid an emotional farewell to his father, who was in the court to support him.

Tags:

Category: Courts, Crime

Comments (39)

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  1. Anonymous says:

    Seems like there should be some kind of corroborating evidence to back up her story. His story doesn’t seem unbelievable. Maybe you had to see them in court or something about his story didn’t add up, but I have seen a lot of people lie well or tell the truth badly in court. Definite appeal material from what has been said.

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  2. Anonymous says:

    You non-believers of rape.. Read this;
    https://www.dailymail.co.uk/femail/article-7234043/Woman-reveals-horror-raped-friends-fiance-slept-BED.html

    You have no idea of the shame a woman feels. It is not regret. It is shame.

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  3. Anonymous says:

    7 or 8 years? the headline says 7 and the article .

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  4. Anonymous says:

    So how was he charged but the other case with the step brother could not be charged? If the woman in this case left the island then I’m very confused with why the other case could not have used evidence without the victim physically present such as what happened in this case.

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  5. Anonymous says:

    No means no means no. EVERY SINGLE TIME. If a woman says no, stop trying to change her mind by forcing yourself on her.

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  6. Anon says:

    Whoa, wait a minute. I thought only Caymanians commit crime in Cayman? Great. Now who are we gonna blame for every crime that is committed here?

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    • Anonymous says:

      9:01 if you check the court lists, you will be bettter informed on the number of non Caymanians who are here comitting crimes.

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  7. kneegawhat says:

    based on the facts presented on CNS it sounds as if the bar for convicting on a rape is very low. Now I am against rape as much as the next guy and belive rapists should rot in hell. But the other side of the coin is vindictive accusers who are not victims themselves but use the courts to settle scores by playing victim. The courts have a duty to protect the innocent – whether accuser or accused, male or female. based on the facts in the public domain sounds like this would have been a difficult case to prove beyond reasonable doubt that a rape did occur. No witnesses – other accuser – which is heresay, claims of consensual intercourse – meaning any DNA evidence only proves that intercourse was had and not that a rape happened, no video or other corroborating evidence. Sounds a little incredulous that a conviction could be secured on nothing more than an accusation over such a high burden of proof case.

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    • Wow says:

      You think cns provides a transcript of the court proceedings? It says the man forced the woman to have sex, what kind of fking bar do you need?

      These comments are disturbing to say the least.

      No means no. Simple.

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  8. Anonymous says:

    This is such a far-fetched case. A lot of things points to this case being mishandled. It’s literally him vs her and nothing else seems to support his case. The judge on the other hand declared the fact he showed no remorse was an aggravating factor and that he should’ve “accepted responsibility”, what?

    Cases like this has happened before where women have falsely accused men of rape and gotten other women in on the gossip. She reported that SHE suffered psychologically, why wasn’t a psychologist brought in to actually evaluate her mental state. Why weren’t friends and relatives, even his own girlfriend, used to testify in this man’s case since he clearly had no previous convictions, well educated, had children. No investigation as to why (if he did) would rape someone.No mention of even a rape kit. He wouldn’t even take a plea deal because he felt he was wrongly accused.

    I don’t know, just feel like not enough is being said and it looks a lot like a he said/she said situation and this man may or may not have been incorrectly imprisoned. If he did infact rape her by all means lock him up but all we have is, she was raped by a man with no history that can lead to such a situation.

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  9. Anonymous says:

    What would have happened if the man was not an expat?

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  10. Anonymous says:

    I’m confused…

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  11. Anonymous says:

    It’s sad that you ask that question ever thought that she was so terrified that she didn’t fight or scream. Rape doesn’t have to be violent its not Hollywood.

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  12. Anonymous says:

    Very confused someone please clarify if no force was used or he didn’t threaten her how was she raped?

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    • Anonymous says:

      no weapon not no force

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    • Anonymous says:

      Well you see, when someone says no or does not agree to have sex and you proceed to have sex with them anyway, that’s rape.

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      • Anonymous says:

        Okay, what if both parties are drunk. And woman says nothing. Is it still rape? and if so. When will women take responsibilities for drinking. Both were drinking. With that logic, that it’s not the womans fault because she was impaired. Can i use that excuse when drinking and driving. Im sorry. I drank and drove, but i was impaired. Therefore i am not responsible for my actions.

        See how it’s a double standard all the way around. I am all for protecting women, and making it never their responsibility. But if we are going to shelter them from themselves. Then they shouldn’t be allowed to be in positions of power and responsibility. Right? Oh wait….it’s the proverbial cake and eat it too, proverb for the “equal” sex. let me know when it’s sinking in yet.

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        • Anonymous says:

          It really isn’t that tricky and despite your sophistry both the DUI analogy and the ‘double standard’ argument fail miserably.

          If you are going to put your penis in someone you should make sure they would like you to first. The other person can still consent whilst drunk. But if they’re so drunk they don’t know what’s going on they can’t give proper consent.

          It comes back to you – if someone is so drunk that they’re not capable of speech you shouldn’t put your penis in them. People are allowed to get drunk and to do it without other people putting their penises in them – think how you’d feel about it.

          The distinction with DUI is that when you get drunk (and maybe kill someone) in a car there are very good reasons why you can’t claim that it wasn’t your fault. This even applies to women drivers (yes they do exist!). The idea is to protect the public from being killed by drunken morons. When you drive drunk you make a (drunken) decision to do so – you decide to get into the car, you decide to start it, you decide to put it in gear and head off down the road…etc

          When you are drunk you can decide you want someone to put their penis in you, but you don’t automatically agree that anyone who wants to can put their penis in you if you don’t want them to, or if you can’t make a decision that you do want them to.

          Getting drunk is not a statement that anyone who wants to can rape you (whether your male or female).

          Grow up.

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          • Anonymous says:

            But your missing the logic behind it. If I am too drunk to consent to sex. So it’s not my fault. Am i too drunk to consent to driving. therefore. if i drive. it’s not my fault. the logic is sound. I am “grown up” hence why I have the logic that i do. Maybe you need to grow up and see that this is a double standard. Either they are making this double standard to protect women, or making this double standard to punish drunks. Which is it? And your “put your penis in” comment. Again, missing the point that if both parties are equally drunk. Either one cannot consent. So how can it be rape?!. Right? or is the burden ALWAYS on the man, and if so. What happened to your “equal rights”? right…goes right out the window. So we have to face facts and the truth that men and women are not equal. it’s glaringly right in your face. Sorry if logic makes you angry.

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            • Anonymous says:

              In both the driving and the raping you are committing an offence. Your self-induced intoxication does not provide a defence. Like it or not that’s the law. And most people are bright enough to see why.

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          • Anonymous says:

            3:09pm – Very well explained and still morons don’t get it. And many want to try to blame it on cultural differences… But no means no. And if you are not coherent enough to say yes or no, even that is still rape.

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        • Anonymous says:

          Nothing you are saying has anything to do with this case.

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        • Anonymous says:

          There’s no double standard. She didn’t say yes whether drunk or not – it’s rape. There’s no excuse for a man pushing himself on a woman just as there is none for a woman on a man – It’s rape.

          If you’re out, you get to a point where you make that decision on whether you’re going to have a drink way before you’re ‘impaired’ therefore you decide to drink and drive. Not the same logic, sorry.

          “i’m sorry, i drank and got raped, but i was impaired so it’s my fault.” really?

          • Anonymous says:

            BUT THAT”S EXACTLY What they are saying drunk drivers are doing. I drank, i drove. But i was impaired so it’s my fault. *smacks forehead with the absurdity that no one gets it. I guess it’s because ya still wanna have women be able to drink irresponsibly and not be responsible. I get it.

          • Tina says:

            He needs to appeal .it seems there wasn’t enough evidence on this case. Its my words against yours kind of thing. i clearly see no evidence to support her claim

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            • Anonymous says:

              You were there??? Listened to all the evidence in court?? Amazing. You should have said something at the time.

      • Anonymous says:

        Very few Caymanian men understand the concept of “no”so they don’t understand what happened here. Other countries in the world almost everyone here would be up on charges for rape and/or sexual harassment.

        Someone doesn’t have to hold a weapon to you to rape you. All they have to do is be able to overpower you. And remember she wasn’t expecting this behavior from her friend’s boyfriend so she was completely off guard.

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  13. Anonymous says:

    “no violence beyond the rape itself” If she wasn’t drugged or tied up then how do you rape someone without the use of force, threats or violence. They did say he was educated so he must have been one hell of a talker to charm the lady for intercourse.

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    • Do better says:

      You’re not funny. Rape is not a joke. Grow up. You could have simply googled the definition of rape instead of trying to be funny.

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    • Anonymous says:

      stupid comment. he held her down and raped her. the judge is saying he didn’t beat her up or stab her afterwards.

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      • Anonymous says:

        if you have to hold her down, ya it’s rape. but is that really what happened?
        if it was a case of “i had sex, but afterwards i realized i didn’t want it, so therefore it’s rape” that’s not rape ladies. That’s the other R word, called regret. And so sorry, no man deserves jail time for that. No matter how badly you regret it.

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        • Anonymous says:

          Exactly, if you were drunk and woman forced herself on you and you didn’t resist, had sex with her. Then woke up in the morning with a bad taste in your mouth would you claim rape? I wonder if a judge would believe that and throw the book at the woman or throw it out of court. Hmmm…

  14. Abyss says:

    And imagine all you could hear the past 8 hours was “No JUsTiCe FoR rApIsTs”

    Good. Shoulda throw the book at him.

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