Man sentenced to six years
herpes was yesterday sentenced to six years imprisonment.
The crime, which was tried in Magistrates' Court in July, was considered so severe that Magistrate Edward King sent the case to Supreme Court for sentencing -- citing the Magistrates' Court maximum sentence of five years imprisonment as being "insufficient''.
But the sentence, handed down by Chief Justice Austin Ward in Supreme Court, was only one year more than the maximum allowed in Magistrates' Court and took time served into consideration.
The 40-year-old man, who cannot be named for legal purposes, maintained his innocence throughout the trial and during Supreme Court sentencing.
He has been remanded in custody since July when he was found guilty of touching his girlfriend's 11-year-old relative for sexual purposes sometime between September 30 and October 18, 1996.
The maximum sentence allowed in the Supreme Court for the offence is 20 years.
The girl was nine years old at the time and contracted at least two sexually transmitted diseases (STDs), as a result of the molestation.
Crown counsel Patrick Doherty said the victim's youth and the transmittal of the STDs should be considered as "aggravating factors'' when determining the man's sentence.
Mr. Justice Ward heard that the man's criminal record stretched back to 1972 and included a 1981 conviction for unlawful carnal knowledge of a girl under 16.
But defence lawyer Victoria Pearman pointed out that the man's criminal convictions were primarily property, assault and drug-related offences.
And she rejected Magistrate King's assertion that it was "one of the worst cases of child abuse ever seen''.
"There's been no psychological evidence that the complainant was scarred for life and there's been no evidence that she continued to be plagued by the STDs,'' said Ms Pearman.
And the man continued to deny that he suffered from any diseases, stating: "I was first tested for these so-called venereal diseases two years ago.
"I have been institutionalised now for seven months and have yet to be treated for whatever diseases they say I have.
"A person with venereal diseases needs to be treated, but in my case I didn't need treatment because I didn't have any -- I'm an innocent man,'' he added.
Mr. Justice Ward also recommended that he be offered treatment for the diseases.
"Young girls must be protected from adults that seek to corrupt them sexually,'' he said.
