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Men reprimanded for sex assault

sentenced for a sexual assault dating back to 1996.Carl Darrell of Devonshire, and Sage Nearon of St. George's, were released by Chief Justice Austin Ward on Wednesday,

sentenced for a sexual assault dating back to 1996.

Carl Darrell of Devonshire, and Sage Nearon of St. George's, were released by Chief Justice Austin Ward on Wednesday, after he heard the defendants' requests for leniency on the grounds that they were "new men''.

Darrell and Nearon, both 21, were found guilty in a Magistrates' Court in April 1997 of the sexual assault of a girl, who cannot be named for legal reasons, on the afternoon of November 12, 1996.

Evidence submitted in the trial showed the defendants, who were both 17 at the time, had walked with the girl, who was a schoolfriend, down to the rocky coastline where they demanded sexual favours and tried to fondle her.

The incident ended after the girl cried out and was escorted to safety by a passerby.

During the trial, the boys' defence was based on their testimony that they thought the entire purpose of the walk was in reliance on a promise by the girl to grant them sexual favours.

The guilty conviction, which was handed down by then Magistrate Cheryl Ann-Mapp, was appealed within days by the boys' lawyers.

But the appeal was dismissed last month by Chief Justice Ward on the grounds it was not why they went there that mattered but what happened when they were there that did.

On Wednesday, attorneys Victoria Pearman, for Darrell, and Juan Wolfe, for Nearon, argued that a custodial sentence was not warranted for this matter because the offence was in the "lower end of the scale of seriousness''.

Also they said the amount of time since the conviction had allowed the defendants to "turn their lives around'' and make a new start.

"All sexual assaults are not created equal,'' Ms Pearman said. "The facts found by the Magistrate show that my client only attempted to fondle complainant, all emphasis on the word `attempted'.'' Mr. Wolfe submitted a letter from Nearon's parents in which they testified to their son's "transition from a teenager to a responsible adult''.

Speaking before judgment, both defendants asked for leniency on the grounds they had tried to better their lives as much as possible.

In passing sentence, the Mr. Justice Ward said he took note of their efforts to change, adding: "I see that this offence was at the lower end of the scale and is not appropriate for the imposing of a custodial sentence.'' He reprimanded Sage and Nearon and they were discharged.

"You have to be careful about your conduct in the future and especially in how you approach the ladies,'' he said.

After the decision, Ms Pearman said: "I feel that this was a just verdict.'' "The facts of the case disclosed that there was no actual touching involved,'' she added. "When you take into the account the youth of my client and the amount of time it has been hanging over their heads, I think he has certainly paid for his crime.''