Judge blasts lawyer for ?scandalous? remarks
A Supreme Court judge yesterday reprimanded a lawyer for ?scandalous? remarks after he claimed a 14-year-old girl made pregnant by a 27-year-old may have enjoyed ?one of the most pleasurable experiences of her life?.
Larry Scott, who was defending Andwele White, later told he believes that the age at which sex with a girl is legal should be dropped from 16 to under 14.
He also spoke out against what he called the ?horrible conservatism? of Bermuda society and claimed his client was as much of a victim as the youngster he made pregnant.
Crown counsel Shakira Dill, who outlined the case against the unemployed man at Supreme Court yesterday, said the incident happened in October, 2004.
Ms Dill said the victim did not tell anyone what had happened until several months later when she told a school guidance counsellor that she might be pregnant as she had been being sick.
Tests confirmed that the teenager was indeed 12 to 13 weeks pregnant. After she had an abortion, DNA tests established that White, of Pembroke, was the father.
A Police investigation was launched, and White ? who has four children of his own ? was arrested. He denied having sex with the girl and told detectives: ?It?s possible she did something to me while I was asleep.?
After initially denying the charge at court, he pleaded guilty to having unlawful carnal knowledge last month.
Ms Dill told the court that the maximum sentence for the crime is 20 years imprisonment.
She said White had ?certain personal issues?, appeared to blame the girl for what happened, and had a high risk of re-offending.
Mr. Scott, defending the now 29-year-old man, started to address Puisne Judge Charles-Etta Simmons about how society censors talk about ?this wonderful, exhilarating thing? called sex.
However, interrupting him, Mrs Justice Simmons said: ?You can be entertaining and your eloquence is known, but we are dealing with a 14-year-old and the law protects her. I don?t think anything you can say about society?s attitude toward sex can mitigate the fact that the defendant had sex with a 14-year-old girl.?
Referring to yesterday?s front page report on the widespread occurrence of under-age sex according to a Teen Services survey, Mr. Scott said he wanted to make his point while the media were in court to report it.
He went on to say of the victim: ?What?s important here too is that the injury that could have been caused ? that?s the pregnancy ? was averted by medical expertise. That?s a good thing that it was terminated.?
The judge, who by now appeared to be becoming annoyed with Mr. Scott, responded: ?Her going through life knowing the pregnancy had to be terminated at age 14? I don?t think that?s a ?good thing? at all. The law is there to protect 14-year-olds from pregnancy. There?s damage done no matter how you look at it.?
But Mr. Scott said: ?I disagree. I think in the circumstances it?s important that our medical ability is advanced so that (pregnancy) can be alleviated for a young lady of tender years.
?She will also have a memory ? but for all of this ? of one of the most pleasurable experiences of her life.?
Mrs Justice Simmons reprimanded him for this remark, saying: ?That?s scandalous. A man cannot have lawful sex with a girl of 14. A girl is protected and it would be scandalous for you to stand before the court and tell the court that the young lady enjoyed it.?
Accepting the judge?s direction that he should concentrate on defending his client against a lengthy prison term, Mr. Scott said his client could not remember the incident in question, and that the teenager was not angry with him but fearful for him.
However, in a final effort to sway the judge, he claimed that society is ?moving away from the moral indignation that we once had? over such matters, and that his client is a victim, as well as the girl.
Speaking in his own defence, White added: ?I?d like to say sorry to the victim?s family, and my family. I cannot express how sorry I am to anyone affected by this.?
Sentencing him to a three-year jail sentence, Mrs. Justice Simmons said: ?The law has to protect young girls. You have taken advantage of a child and you used her for your own selfish benefit. Our community abhors this sort of conduct.?
She added that White needed rehabilitation to give him insight into his deviant behaviour and to address his social skills, plus his alcohol and drug dependencies.
