Man sentenced for rape unsuccessful in appeal to have time reduced | Loop Cayman Islands

The content originally appeared on: Cayman Compass

According to the judgments register of the Cayman Islands Judicial Administration, a man who was sentenced in June 2021 to 11 years and 3 months’ imprisonment on two counts of rape and who received A Sexual Harm Prevention Order for 7 years, applied for an extension of time in which to appeal against his sentence. In the application, the man claimed that he was not given any credit for his plea of guilty. For reasons noted in the judgment, the judge did not agree with the man.

The incident

In the gruesome details provided by the court, the lady had been walking home when she heard somebody speak to her.

She turned round and saw the Applicant standing across the street. He ran to her. He asked her the time. She reached into the back pocket of her shorts and once she had pulled out her mobile phone the Applicant snatched it from her and put it in his pocket.

He then grabbed her by the throat and pushed her towards the darker beach area by the roadway. He pushed her to the ground. He threatened her, saying that she must do what he asked or harm would come to her. She agreed out of fear. At the Applicant’s request, [the victim] took off her shorts and underwear.

The court documents go on to describe how the lady tried physically to resist the man, but the man overpowered her.

During the ordeal, the court said that the woman received “bruises and minor lacerations to her knees and general leg area, as well as sand and gravel markings.” “There was a cut on the inside of her lip,” court documents added.

According to the court documents, the woman finally managed to escape from the man while he held her hand and was leading her to the bathroom. She ran to a nearby house. Police arrived thereafter.

The man’s application

In the man’s application, claiming that he was not given any credit for his plea of guilty, the court document said:

He speaks of his remorse.

He speaks of wishing to return to the community something to make up for what he describes as his “mistake”.

He refers to the fact that [the victim] says she has forgiven him.

He speaks of his difficulties in prison and of a wish to return to Canada and earn a living. He says he has learned his lesson and, in short, seeks mercy and understanding.

The judge’s refusal of the application

The judge hearing the application said that the previous judge who sentenced the man was “plainly entitled to impose the sentences he did.” “This was a double rape with profound psychological consequences for [the victim],” the judge hearing the application said.

In the circumstances, carefully as we have listened to [the man’s] submissions, it is impossible to grant this application for leave to appeal sentence. In the circumstances, we decline to extend time as [the man] has requested. This application is refused.

The judge concluded.

Facts about assaults on women and rape in Cayman

Throughout 2021 the average reported number of sexual crimes in 2021 remained two crimes per week.

There has been an increase in Indecent Assault on a Female by 40 per cent or 12 crimes compared to 2020.

In 2021, 6 of the 90 sexual crimes were domestic violence related, while 56 of the 90 offences involved a youth. The youth involved marker includes a young person as both the victim and/or offender.

Where an offence location could be confirmed 47 per cent where related to a residential location while 8 per cent linked to an educational facility.

Previously increased reporting and awareness of sexual offences has allowed for better understanding of sexual crimes. The continued reporting allows for improved prevent and deter opportunities, as well as to catch and convict offenders and to support victims.

This data is according to the annual crime statistics published by the Royal Cayman Islands Police Service.