'It's grossly inadequate'
The teenage victim of a sex predator is likely to never have a natural childbirth and has been suicidal since the 31-year-old man's arrest.
Compounding the grief and pain from the incident the girl is understood to be distraught at the three year prison sentence imposed by Assistant Justice Carlisle Greaves.
Mr. Greaves complained from the bench about his sentencing powers in locking up the Hamilton Parish man and adding on a three year probation sentence.
And the director of the Coalition for the Protection of Children has called the sentence “grossly inadequate”, calling the man a “very, very sick paedophile” and hoped the Crown will appeal.
But yesterday Director of Public Prosecutions Vinete Graham Allen said she did not expect to launch an appeal, citing the law's proscription that the sentence be “manifestly inadequate” for Appeals Justices to increase the sentence. Mrs. Graham Allen added: “We can only appeal a sentence on the basis it is manifestly inadequate. In our view it is not. We have to show the sentence is manifestly inadequate.
“That is the only ground upon which the Crown can appeal on sentence. Even if we see it, it must go beyond ‘feeling it' - we must show it. And it involves precedents that must be taken into consideration.”
On Wednesday, the man was sentenced to three years in prison and three years on probation after he pleaded guilty to having sex with the girl between July 1, 2003 and February 14, 2004. During the sentencing Acting Justice Carlisle Greaves said the 31-year-old “coaxed her into his confidence with a Bible in one hand, evil in his heart and his penis in the other hand.”
Last night the schoolgirl's mother lamented: “I was at the hospital and this child wanted to commit suicide! He should have got more time.
“A petition should be done, so it won't happen in the future. It's not just about this case,” she said. “It's not fair he only got that sentence. He apologised to his family, but not to us! He never apologised to my daughter.”
Doctors told her that her daughter “would never be able to have a baby in the natural way while she is alive,” she said. “This hurts me more. He didn't use a condom. She could have got all sorts of diseases.”
Just as hurtful is the understanding that the girl was too upset to go to school yesterday when she was told the news of the three year sentence.
The 12-year-old is currently living at the home of a different aunt, as her mother still could not afford a home of her own.
“I could not afford the high rents,” she said. “I am a single parent.”
That was how the man was able to get to abuse her daughter in the first place, she said.
“We had to move out of our home. We had to separate. We were unable to get a house. That's why she was there. I am not unfit. She was with the next thing to family.
“That was her daddy's sister. That's why the next step for me was to put her with family. She was in the trust of their care,” she said.
She said her daughter was in the King Edward VII Memorial Hospital for 16 days after she miscarried because authorities “had to decide what to do”.
The mother also pointed a finger at the girl's aunt, who she said appears to blame the girl for the imprisonment of her boyfriend.
The mother cites a family picnic this summer in which the aunt separated the girl and a one-year-old cousin. “She was not allowed to be near him (the toddler). They were very close until the incident.”
“I do want to complain about the broadcast media using his full name. I feel they should not have used his name. Once people know his name, they catch on more (as to who the victim is). People talked at the hospital, people knew who it was - through talking.”
Section 329c of the Criminal Code directs that the identity of a person convicted of a sex offence cannot be made public if identification can lead to the identification of the victim - usually children or relations of the perpetrator.
Director of the Coalition for the Protection of children, Sheelagh Cooper said: “The sentence imposed on the paedophile that offended repeatedly against a 12-year-old was grossly inadequate.”
“This offence carries a penalty of up to 20 years in prison,” she said. “That 20-year sentence is available because of the seriousness of the offence; the need to deter others and the recognition that successful treatment of sex offenders is a long-term process.
“An offender of this kind will pose a danger to the community after a three-year sentence and no amount of probation will reduce that risk.
“Our community is not being served by this kind of sentencing. It is not a deterrent to others, it does not provide sufficient time for treatment and it undervalues the seriousness of the crime.
“In addition, one needs to wonder why it took the birth of this stillborn baby to bring this crime to the attention of the authorities. A pregnant 12-year-old should be an immediate cause for alarm - where were we all?”
Mrs. Cooper continued: “The legislation requires caregivers to adequately protect children and she could be prosecuted none the less.”
“The Island has a housing crisis that has far reaching effects. This is a very good example of how the lack of affordable housing breaks families up and puts children in very vulnerable positions.
“The abuse of children and women is very prevalent when you separate a family. Children are far more vulnerable (without them) than they are with their own parents.”
Mrs. Cooper said “clearly he was a very, very sick paedophile”, adding that she would support the petition because: “We in the community have to take this sort of thing very seriously.”
Disgusted by the man's sentence, she “hoped the Crown would appeal the sentencing which was patently insufficient”.
She paralleled the sentence with the 25-years handed down to ex-cop John (Chalkie) White, who was convicted in October of sodomising three boys.
“This is the same situation, a person in a position of trust and (the man who impregnated the girl) is looking at three years. I do not see how the sentences are reflective. Thank God for DNA, otherwise what would we have here?” she asked.
