Three-year jail sentence for sex offender
touching his niece while free on licence for rape.
The man -- who cannot be identified for legal reasons -- admitted repeatedly chasing his then 13-year-old niece around her parents home on February 16 this year.
He pleaded guilty to touching the girl for a sexual purpose with a part of his body.
The Crown offered no evidence on another charge of sexual assault.
He was represented by lawyer Mark Pettingil. Lesley Basden represented the Crown.
Senior Magistrate Will Francis sentenced the man to three years after hearing the man was convicted of sexual assault in the US in 1990, and two counts of indecent assault twice in 1993.
The man was also convicted of rape in 1993 and sentenced to six years in prison and was released on licence in 1996.
His parole was to last until December 1999.
Mr. Francis told the man: " I trust you are beginning to learn that you have certain impulses that seem to be out of control.'' "I hope that Mr. Pettingil is right that you're reaching out and get what ever type of counselling available,'' Mr. Francis added.'' "Having regard to your guilty plea and your antecedents,'' he continued, "I find the appropriate sentence will be three years and you are to continue counselling.'' Mr. Francis heard that the girl returned to her Sandys home shortly before 9 a.m. that morning to retrieve a coat she had left behind.
Ms Basden said she found the man in the home and as he approached her, ran to a bathroom and locked herself inside.
She only came out when she thought the man had left. Ms Basden said she thought she heard a sliding glass door close.
Ms Basden said the man repeatedly chased the girl about the room and when he was able to catch her, he tried to fondle her vagina and held her hands behind her back.
On one occasion forced her into his lap. At other times he kissed her breasts through her clothes and kissed her on her neck.
During the ordeal, the man told the girl she was his favourite niece and that she needed to be physically stronger to get away from him.
At one point the girl was able to get away and tried to get a phone with a long cord into a bathroom.
She gave up when it was not long enough and the man told her: "Didn't I tell you not to call anyone?'' He broke off the pursuit again when a car approached nearby and the girl was able to seek refuge in her parent's bathroom.
Ms Basden said that while banging on the bathroom door the man said: "If you think I was scared, you are wrong!'' When again he fooled the girl into believing he had left the home, he grabbed her and said: "The next time I say bye, say bye. The last thing I want from you is a kiss.'' He was able to kiss the struggling girl on her cheek. She was able to kick him in his genitals.
Ms Basden said the man eventually left the home and the girl was able to call her mother who arrived a short time later.
Ms Basden did not say how long the attack lasted.
She was taken to King Edward VII Memorial Hospital where she was examined.
The man was interviewed a short time later and denied seeing the girl on that day.
Ms Basden said the man told Police in a second interview that he originally denied the offence because he did not know what specific day the incident occurred.
Mr. Pettingill said his client admits his behaviour was inappropriate and did not want to subject the girl to a "cross-examination on the facts''.
He added: "You have an individual here that is willing to enter therapy. That is strong mitigation.'' Mr. Pettingill also said the man had shown "some restraint'' during the incident and added that it could have gotten much worse.
He continued: "The man is not a problem in regard to other kinds of offences.
And given the new things going on in our community, he will be offered assistance for his problem.'' The man showed no emotion when Mr. Francis passed sentence.