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Jamaican pleads guilty to indecent assault, incest

A Jamaican national pleaded guilty to three counts of indecent assault and three counts of incest when he appeared before the High Court today, May 20, 2014. Photo: VINO/File
ROAD TOWN, Tortola, VI - A Jamaican national pleaded guilty to three counts of indecent assault and three counts of incest when he appeared before the High Court today, May 20, 2014.

The defendant, a shuttle bus driver whose identity is being withheld because he is the biological father of the virtual complainant (VC), allegedly committed the offences over a four-year period between 2009 and 2013. He is currently unrepresented.

The man, who was represented by attorney Patrick Thompson through legal aid, previously appeared before the Magistrate’s court on September 27, 2013. He will be sentenced on May 22, 2014.

According to the facts, the VC (now 15 years old), resides with her mother. In 2009 they were all living in the West End area when one night the VC was asleep in her bedroom of a 2-bedroom apartment and she was awoken by someone touching her breast.

When the VC opened her eyes she allegedly observed the defendant who was standing next to her. She reportedly asked him to stop as she felt this was uncomfortable and "weird". The defendant allegedly instructed the VC to be quiet. He then allegedly left but returned shortly to repeat the offence.

She reportedly did not tell her mother what happened at the time because she was fearful, the court heard.

The family subsequently moved to another area on Tortola where the VC recalled the defendant allegedly touched her breast again during one weekend. She reportedly asked the defendant to stop and he allegedly refused.

According to the Crown, the situation had gotten worse as the defendant no longer just touched her on her breast. She allegedly recalled a particular Saturday he was leaning over her and held her down on the bed and forcibly removed her vest before placing his mouth over her breasts and sucking them. The VC reportedly punched and kicked to no avail and eventually started crying.

It was further alleged that the defendant pulled down the VC’s pants and underwear as she tried to get away but he managed to subdue her and placed his mouth on her private area and performed oral sex on her. She reportedly begged the defendant to stop. The Crown disclosed that the VC’s mother was not home at the time of the alleged offence but was away at work.

The VC reportedly told the defendant that she would tell her mother but he allegedly said: “If you tell your mother I gon kill you.”

The Crown alleged that this occurred other times in 2010 as well and the defendant would always say that she would tell her mom and he would always say that he will kill her.

According to Faulkner, the defendant restricted the VC’s movement by telling her that she can’t go out with friends and took away her cell phone and told her if she wanted to go anywhere or wanted the cell phone back she would have to let him perform oral sex with her.

The allegations further stated that the defendant forcibly had sex with the VC in 2012 during an incident when her mother was away and the family had moved to yet another area on Tortola.

In another incident when the defendant was taking the VC back from a friend’s house in Carrot Bay in his car, she was taken to a dirt road in Pockwood Pond near the Delta gas station where it is alleged the defendant forcibly had sex with her again.

He allegedly took a knife from the glove compartment and waved it in the VCs face and threatened her not to tell.

The VC was allegedly fondled by the defendant in her private region in 2013 and cried and threatened to tell her mother. She was allegedly reminded by the defendant of the threat to kill her if she ever told anyone.

The VC reportedly told a friend of the incidents by outlining in a detailed letter everything that allegedly happened from 2009 and what her father was allegedly doing with her. The friend reportedly got the Social Development Department involved in the matter and the defendant was arrested on suspicion of committing incest on September 17, 2013.

The teen reportedly expressed fear for her younger sister's safety and told officers this had also kept her from saying anything in the past.

He reportedly told officers, “I know what you are talking about” but denied allegations during an audio/visual interview.

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