“People can be innocently convicted.” Those were the words of defence attorney Wendel Alexander as he pleaded for leniency for his 49-year-old client who was later sentenced to 15 years in prison for the rape and indecent assault of a 12-year-old.

The father of four maintains he is not guilty of assaulting the minor who was spending a weekend at his girlfriend’s home in December 2021, even after a jury unanimously convicted him on September 24.

Alexander told the High Court that his client still advocates for his innocence and chided police for what he described as poor or one-sided investigations. He argued that the complainant’s behavioural changes were not necessarily the result of his client’s actions, noting that she had been involved with another man.

The condemned man was spoken of highly as a good father and breadwinner in his probation report, Alexander reminded Justice Ann Marie Smith while urging leniency. He asked the court to consider his client’s age in sentencing so he can eventually reintegrate into society and be a good father.

However, Justice Smith appeared unmoved by the defence’s arguments and proceeded with sentencing. The judge described the offender as opportunistic, stating that she believed the accused used his knowledge of the victim’s relationship with another individual to his advantage.

The victim, who was staying at the home of her mother’s friend at the time, recounted traumatic events that unfolded one morning in December 2021. The accused, then 45 years old and the boyfriend of her mother’s friend, awakened her by touching her back. After he left and she returned to sleep, he came back and rubbed her back down to her bottom area, leaving her feeling weird and scared. She placed a pillow in front of herself for protection.

Later that day, the accused entered the bathroom while she was showering, pulled her out, bent her over, and assaulted her.

A victim impact statement revealed profound effects on the young woman’s life. She became rebellious.

Sentencing

Justice Smith began with a starting point of 16 years for the rape conviction. Considering the victim impact statement, the prevalence of rape, and the accused’s lack of remorse, she increased the sentence to 17 years. She then reduced it by one year for his previous good character and another year because he has a toddler, arriving at 15 years.

For the indecent assault charge, she started at one year, increased it to 18 months due to aggravating factors, then reduced it by three months for previous good character. The sentences will run concurrently and his time on remand will be deducted by the prison.

Justice Smith also ordered that the convicted man avail himself to counselling, though he continues to maintain his innocence despite the jury’s verdict.