Child rapist jail term cut over delays

| 26/07/2019 | 10 Comments
Cayman News Service
Police car parked at the courthouse

(CNS): Justice Roger Chapple said Friday that he would have handed down a sentence of eleven years to a 37-year-old man convicted of raping his step- daughter but the significant delays in the case led him to reduce the time to ten years. The judge explained that the time he had spent on a very strict curfew waiting for trial, the delays once that trial was underway that led to it spanning almost five months, together with the 16-month delay from conviction to sentencing warranted a reduction in the jail term.

Justice Chapple said the delays in the case were “substantial” for a number of reasons not unrelated to the strain on the court system as well as the unfortunate illness that befell the late Justice Charles Quin, who had tried the case. As none of the issues were of the defendant’s doing, the judge said it was right to mark those delays with a reduction in the sentence itself.

The defendant was also convicted of two incidences of indecent assault on the girl. He was given an additional two terms of three years for the first and most serious of those assaults and another six months for the lesser allegations, which the judge ordered should both run concurrently with the ten-year term for the rape.

The man, who cannot be named for legal reasons, has always denied raping or sexually assaulting his step-daughter. He has been seeking to appeal his conviction since the ruling was handed down over sixteen months ago but has been prevented from doing so, despite a legal right, as a result of the delays, which the judge also noted.

But the judge also noted that the crime was a “gross breach of the trust that should exist between a step-father and daughter”, compounded by the fact that the man had raped the 11-year-old girl in her own bed. “Instead of enjoying her teenage years, she has had to grapple with what you did to her,” Justice Chapple told the man, as he outlined the reasons for the sentence.

The judge had also rejected a request by the crown during the sentencing hearing on Thursday for a sexual harm prevention order. And although the man is originally from St Lucia, no deportation order was made because he has been married to a Caymanian for a long time.

The court heard that the defendant is still married to the victim’s mother and has four children from that marriage. He remains in contact with the family and his wife, who has stood by her husband throughout the case, despite his conviction and his incarceration.

See related story here.

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Category: Courts, Crime

Comments (10)

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  1. meme says:

    this poor child. The mother should also have to undergo an evaluation. She cant be “all right” upstairs if she stood by him throughout the trial. She sided with him instead of her daughter. I hope in situations like this, they remove the daughter form her care. Poor thing will never heal in the same environment that did this to her. God bless her. These kind of sick perverted people should be handled by street justice, aint no place for them in society.

  2. Anonymous says:

    what ever happened to 10-15 years of mandatory sentences for rape of underage kids? this is the reason i dont believe in the system no more, he should be hanged tbh, aint no place for a rapist or murderer.

  3. Say it like it is says:

    Five years is not nearly enough for this disgusting man who pleaded not guilty and plans to appeal his sentence, I hope this is a case where his appeal backfires and he is given a sentence which requires him to spend 10 years in jail where he cannot assault more young girls.

    • Anonymous says:

      I read a sentence of 11 years reduced to ten years due to delays in the case. Where does “five “ years come from?

    • Anonymous says:

      I agree he should be deported. It is such a pity that the children have to suffer.

      I am sorry but it is a huge transgression against the 11 year old not to be believed. I am sure there must be evidence.

      This is piling on more injury to this poor child. It will be very hard for her to heal and move past this if persons who are supposed to protect her fail to stand by her.

  4. Anonymous says:

    The lack of deportation order is disgusting, and irrelevant. The authorities should ensure his departure at the moment he is released from prison.

  5. Anonymous says:

    He should be deported at the end of his sentence and if his wife wants to go with him that’s ok .

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