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Sex offender’s pending release made public

Release imminent: Junius Carman Caines

A man who was imprisoned for serious sexual assault after his attempt to rape a woman was foiled by passers-by is to be freed next week.

Junius Carman Caines will be released from Westgate Correctional Facility on Monday.

Kathy Lynn Simmons, the Minister of Legal Affairs, announced the move today in line with her power to alert the public about sex offenders who are “considered to present a risk of significant harm”.

Caines was sentenced to three years and four months in prison last July for an offence that happened in August, 2016.

The public notice said: “The minister is empowered to disclose information in relation to sex offenders who are considered to present a risk of significant harm to the health or safety of the public, an affected group of people, or an individual.

“In accordance with this power, the minister, after consulting with the Commissioner of Police, has determined that the public should be notified of Mr Caines’s release.”

It said the 50-year-old, who will live in Pembroke, was convicted and incarcerated for serious sexual assault.

The notice added: “Based on this and on other information received, the minister has determined that the Ministry of Education should be provided with information regarding this offender, to ensure that relevant schools are notified about his impending release.”

When Caines, who had psychiatric problems, was sentenced last year, Puisne Judge Charles-Etta Simmons said the court must recognise its duty to protect the public and also balance the interests of the offender, who acknowledged that the justice and mental health systems “curtailed the court’s ability” to treat him in “an approved programme in the community”.

The Supreme Court heard that Caines’s victim, who cannot be identified for legal reasons, was walking home in the early hours of August 6, 2016, when she saw him acting strangely in Hamilton.

She crossed the street, but Caines began to shout and follow her. The woman reached her home and went through the front door, but Caines grabbed her from behind and threw her to the ground.

The court heard he told her: “I want to rape a white woman.”

A group of passers-by heard the noise and came to the woman’s aid, but Caines escaped.

The court heard the assault lasted less than a minute and the victim suffered minor physical injuries and psychological injury.

Later that night, while still with police, the victim saw Caines and pointed him out to officers, who arrested him.

The court heard police attempted to interview Caines, but he “rambled nonsensically” and was later sent to the Mid-Atlantic Wellness Institute.

Prosecutors said the case had moved slowly due to a question mark over Caines’s ability to plead and secure legal aid.

Caines pleaded guilty to a charge of serious sexual assault in July 2017. The court heard he had previous convictions, some for violence, but none for sexual offences.

Mrs Justice Simmons said the starting point for sentencing should be five years and that Caines was entitled to a 30 per cent discount due to his guilty plea.

She also ordered the term to be followed by a five-year supervision order that required him to take recommended treatment programmes.

UPDATE: The Ministry of Legal Affairs issued the following press release today:

The Ministry of Legal Affairs today moved to clarify the press release issued in relation to Junius Carman Caines.

Mr Caines was convicted of a serious sex offence not for a child sex offence. However, based on feedback received from members of the public, a Ministry spokesperson stated that the reference to the Department of Child and Family Services in the press release, has been misconstrued.

The spokeswoman added: “The public is advised that in all cases involving the release of sex offenders, where public disclosure is made by the Minister of Legal Affairs and the individual is considered a high risk, the Ministry of Education has requested notification of the impending release of the offender.

“The reference to the Department of Child and Family Services is related to that request and is intended to provide useful information regarding child safeguarding and will appear on all notices.”

On occasion The Royal Gazette may decide to not allow comments on a story that we deem might inflame sensitivities. As we are legally liable for any libellous or defamatory comments made on our website, this move is for our protection as well as that of our readers.

To view the public notice, click on the PDF link under “Related Media”