Girl contracts disease after sexual abuse
girl -- and said it was one of the worst cases of child molestation he had ever seen.
The crime 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''.
The man, who cannot be named for legal reasons, was charged with touching his girlfriend's 11-year-old relative for sexual purposes sometime between September 30 and October 18, 1996.
The girl was 9 at the time and contracted at least two sexually transmitted diseases (STD), including herpes, as a result of the molestation.
Mr. King yesterday summarised evidence before delivering his verdict.
He said he considered the young girl a credible witness and cited medical evidence which indicated that a child cannot imagine sexual contact unless they have experienced it.
And he added, in reference to the child's emotional testimony: "Her tears were not crocodile tears.'' Mr. King stated testimony by the defendant's girlfriend was "so inconsistent that there is no doubt in my mind that (the girlfriend) was not telling the truth''.
"This is one of the most horrible cases of child abuse to come before these courts,'' said Mr. King.
"Not only is the child scarred mentally, but for the rest of her life she will be repeatedly plagued by the pain and embarrassment of an STD with no cure,'' he added.
Mr. King said the crux of the case was whether the child had been sexually abused -- not whether she had contracted the STDs from her assailant.
But he noted: "If a nexus can be established between STDs in the defendant and STDs in the child, then the cake is iced.'' Mr. King said the crime warranted "nothing short of an immediate custodial sentence'' and ordered the man be remanded in custody until he appeared before the Supreme Court for sentencing.
