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High Court Judge thinks VI law too soft on sex offenders

- says prevalence high in the Virgin Islands & calls on victims to come forward to have justice served
From the onset of presenting his summary in the sentencing of Penn, Justice Darshan Ramdhani made it clear that he is not in agreement with the allotted time provisioned by law in the Virgin Islands for sex offenders. Photo: Internet source
It was at the sentencing of sex offender and former legislator Andre Penn when the High Court Judge highlighted the high prevalence of sex offences in the Virgin Islands. Photo: VINO
It was at the sentencing of sex offender and former legislator Andre Penn when the High Court Judge highlighted the high prevalence of sex offences in the Virgin Islands. Photo: VINO
ROAD TOWN, Tortola, VI – “I have looked at the cases submitted to me and they show, among other matters, that there is a prevalence of sexual offenders in this jurisdiction (Virgin Islands),” Justice Darshan Ramdhani was keen on pointing out yesterday afternoon, February 17, 2015 as he passed sentence on former legislator Andre Penn.

From the onset of presenting his summary in the sentencing of Penn, Justice Ramdhani made it clear that he was not in agreement with the allotted custodial time provisioned by law in the Virgin Islands for sex offenders.

On the seven counts of indecent assault, the Judge imposed a 3-year sentence, on the one count of unlawful sexual intercourse with a girl under 13 years, Penn got 8 years and on the two counts of buggery 4 years each.

The judge then ordered that the three categories of the sentences run concurrently which put the total years to 15 years. However, after considering the length of the case, the judge took off five years.

Lawbreaking legislator

Penn was a teacher for many years and for four years sat in the House of Assembly of the Virgin Islands as one of the law and decision makers for the territory. After listening to the summary of Justice Darshan Ramdhani yesterday it was heard how much of a law breaker Penn was given the extent of the sexual offenses committed on the child who was just 10 years old at the time.

According to the High Court judge, as he had looked at the prevalence of sex offenders in the territory he has noted that in most cases these are committed by persons who are known to the victim and many times are related to them.

“These are not cases where the offender rapes in the darkness of night behind some bush or as one judge puts it, in some creepy alley and one just pounces on the victims, these are people trusted and known to the victims,” said Justice Ramdhani.

He further said that when these offences are committed to people known to the victims, it not only results in the usual harms that sexual crimes cause on the victims, “But they result in changing the social support structure of the victims forever….and even destroys the victims from trusting close family members… in this case the victim has lost her innocence and resulted in her also being removed from the home that she has become accustomed to…”

“The abuse and sexual molestation of anyone and more so young children will not be tolerated by the court and a strong message must be sent. Offenders will face the full course of the law. The animal instinct in all offenders must be brought out into the open under the light and must face the full grade of justice. The court must be prepared to impose proper sentences to prevent such crime from being committed,” said Justice Ramdhani.

As he passed sentence on Penn he said, “It is my fervent hope that this sentence would send a message to other sex offenders out there, if not for the delay in this case, the appropriate sentence in my view would have been a total of fifteen years, you have gotten the benefit of that.”

Justice Ramdhani urged that persons who know of victims, or are themselves victims of sex offenders to come forward. “Make sexual offenders accountable. The complainant in this case must be commended for her courage in pursuing this matter through six years and two trials. This has been a real turmoil for her but it may be at an end but only time will tell. In any event, I hope she will be able to move on with her life.”

23 Responses to “High Court Judge thinks VI law too soft on sex offenders”

  • weed (18/02/2015, 08:49) Like (1) Dislike (20) Reply
    its not for the judge t qusio uor laws
    • fORTHAT (18/02/2015, 09:55) Like (10) Dislike (1) Reply
      Come forward to have the molester receive credit for inconvenience caused by him? Too much politics in some of these cases man. The time he spent away from giving his sentence, something softened him to give this predator 10 years. No case has ever come to the High Court with so many counts against an individual. A man who was living in VG who came with one count against his step daughter got 8 years. This man with 11 convictions got 10 years. According to Forbes' song, "where is the justice.?"
    • Well Well (18/02/2015, 17:59) Like (1) Dislike (1) Reply
      All i would say now that the trial is over is.Do unto others as you would like them do to you.
      Pumpkin look out. you could be in some real trouble now . he coming in your cell.
  • belt buckle (18/02/2015, 08:54) Like (13) Dislike (6) Reply
    you would think by now he would have think it proper to buckle his belt in front. The same logic of the belt buckle at the back is probably the same logic of the molestation in that he still feel he's right. "consider your ways and be wise JJ"
  • Yes Sir. (18/02/2015, 09:40) Like (26) Dislike (0) Reply
    Kudos to you Justice Ramdhani for standing up/speaking up for the week, the frightened, the intimidated and the victims of these monsters. We've been calling for meaningful deterrence in the halls of justice for some time. I hope this will speak to all would-be offenders. The problem is that offenders tend to hold so much power over their victims. Power such as financial providers, man/woman of the house, supervisors, teachers/preachers etc. I hope you Mr. Justice "R" would continue to be the voice for the voiceless and maybe your collogues in other areas of justice enforcement will follow your lead.
    Well done sir...
  • Jack Tough (18/02/2015, 09:50) Like (10) Dislike (8) Reply

    I wish I was in prison and had to share a cell with this beast- I would castrate him and shove his d..k down his throat-

  • to the judge (18/02/2015, 10:07) Like (1) Dislike (35) Reply
    who has more sex crime than GT so he btter keep out of BVI buimess...
  • i from here (18/02/2015, 10:10) Like (4) Dislike (4) Reply
    Thanks to VIP the laws are SOFT! SMH
  • Bobby Bolivia (18/02/2015, 10:11) Like (23) Dislike (0) Reply
    First of all I have 1 granddaughter....and no I'm not that old. I look at them and wonder what I would do if this happened to any of them from someone we trusted. Honestly the thoughts that jump in my head can not be put into words. I will say this to this belt turn to the back freak, I pray the Father cleanses your soul of your wicked iniquities....until THEN I also pray that the BEATINGS YOU RECIEVE ON A DAILY BASIS IS SEVERE AND LIFE THREATENING. Forgive me.
    • @ Bobby Bolivia (18/02/2015, 10:49) Like (6) Dislike (2) Reply
      I too do not condone this crime, but we still have to be careful and not render evil for evil because you will only bring hell on yourself in so doing and it reaps nothing good. Do you know that our lord is still merciful regardless of the society's grade of sin. To him stealing, adultery, murder, lie... is the same punishment in the kingdom court so don't hate for no reason.
      • Bobby Bolivia (18/02/2015, 16:36) Like (15) Dislike (1) Reply
        It's not HATE for no reason.....my reasons are the specifics and hard to digest details of this case. I don't think I could be a juror and listen to that girl testimony without crying. IT IS OUTRAGE, SHOCK and UTTER EMBARASSMENT of my gender.
  • my cry (18/02/2015, 11:12) Like (15) Dislike (0) Reply
    I have been saying this same thing Justice Ramdhani. I yearn for the day when the legislators will protect our little babies by enforcing harsher punishments for these psychotic perverts and pedophiles. And proactively putting more social workers in place to investigate what is going on in the homes.
  • Forbidden Truth (18/02/2015, 11:16) Like (5) Dislike (5) Reply
    This is interesting that the Judge sees to it that our laws are soft- fine. What did he do on sentencing? make family members of the victim mad, is that cool. Any way, there are a number of persons convicted for raping peoples children in the Virgin Islands and the Governor refused to deoprt them after immigration made the request for them to be deported. they remain here in this country working around children and no one is paying attention because they are getting their yards clean for free or their cars wash down for free =. be careful of the thisngs that is encouraged by Goveror/='s office and BVI and expat people,
  • pat (18/02/2015, 13:25) Like (1) Dislike (7) Reply
    This judge needs to do his job and not question the role of the legislature as its two different branches of government
  • smdh (18/02/2015, 13:35) Like (11) Dislike (1) Reply
    This judge is saying that the laws are too soft. He took 5 years off Andre Penn sentence. If you ask me he was being soft yesterday on that sentencing. Andre dragged this out for as long as he could only to be found guilty. Anyway time longer than twine. he ran out of twine.
  • Real Talk (18/02/2015, 15:02) Like (3) Dislike (2) Reply
    i so agree with what he said. This is crazy.
  • born here (18/02/2015, 15:23) Like (3) Dislike (1) Reply
    He need to move to the bvi and run for office
  • wize up (18/02/2015, 16:38) Like (9) Dislike (0) Reply
    as a people we have become so pre-occupied with political matters and failed to recognize that our social system is falling; we have become so very concerned with NDP or VIP and refusing to see about the wellbeing of our little-girls/boys ; we have perverts amongst us (citzens/non-citzens) abusing our children and as a people we do not seem to care very much about these issues.....
  • Checkout (18/02/2015, 19:11) Like (3) Dislike (0) Reply
    As soon as court over, he button out he shirt and unloose he tie; he ask for a book or bag to hold, so nobody sees his handcuffs and his dress indicates it was all for a show, but he didn't fool the jury with his P*ss for testimony.
  • Criminal Lawyer (18/02/2015, 22:20) Like (6) Dislike (0) Reply
    As a criminal lawyer and an experienced one also, I have never known of a situation where a man who was on bail and who delayed his own trial by filing actions after actions, got 5 years taken off a sentence.
    I heard the judge criticizing the previous judge as being lenient when she gave Penelope 12 years. Now he should be ashamed for imposing a lower sentence.
    I am ashamed to be a lawyer. This is total hogwash.
  • my view (19/02/2015, 23:11) Like (0) Dislike (0) Reply
    Hilarious.
    This guy is going nowhere.
  • okie dokie (21/02/2015, 18:13) Like (0) Dislike (0) Reply
    Incredible. 10 years? Have you ever asked yourselves whether the girl will be ready to see the man who stole her sense of safety, innocence, her virtue, in 10 years walking down the street? Nice.


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