Man sent to prison for sex assault on granddaughter
children's groups was pronounced "wrong in principle and manifestly inadequate'' when it was overturned in a Supreme Court judgment yesterday.
A 75-year-old man who admitted sexually molesting his nine-year-old granddaughter began a six-month prison sentence yesterday after Puisne Judge the Wor. Richard Ground pronounced a suspended prison sentence handed down in November by Senior Magistrate the Wor. William Francis "no real punishment at all.'' "It is the unthinking cruelty of this sort of thing which makes it so wrong,'' Mr. Ground said. "Young children are entitled to be safe in the home and they are entitled to look to people such as grandparents to protect them, not abuse them.'' Women's Resource Centre chairwoman, Miss Toni Daniels applauded the decision.
"I believe it reflects the judiciary system recognising that child sexual abuse is a very serious crime and will be treated as such,'' she said.
"I hope we will see judges becoming more uniform in their sentences.'' The Senior Magistrate sentenced the defendant in November to six-months in prison suspended for a year and fined him $500 following a psychological report. The maximum sentence for the offence in Magistrates' Court is five years.
The report revealed the defendant suffered little remorse for the assault and that he believed the child initiated and enjoyed the encounter.
The psychologist also indicated there was a possibility the defendant would continue to re-offend but said mandatory therapy was not available on the Island.
But Mr. Francis gave the man a suspended sentence because of his advanced age and clean record.
Yesterday, Mr. Ground admitted the defendant's age was a mitigating factor but that the public's need to see its children protected, demanded an immediate prison sentence.
"It would be wrong to impose what might be a life sentence on him, and I appreciate that prison is particularly harsh on a man at his time of life,'' he said.
But he added, "Had it not been for the defendant's age, I would, on the facts of this case, have imposed a considerably longer sentence.
"I regard this offence very seriously. The Magistrate was told that this assault distressed the victim, and she required counselling, but the defendant appears impervious to that.
"This sort of assault will usually merit an immediate custodial sentence, and in my view there are not exceptional circumstances in this case to justify suspending it.'' The defendant appeared before Magistrates' Court in August charged with sexually assaulting his granddaughter between May and July last year.
The child's mother said prior to the assault witnessed by the man's wife, she had sought the advice of a psychiatrist because of changes in the child's behaviour since living with her grandparents.
Mr. Melvin Douglas represented the Crown and Mr. Michael Telemaque appeared for the defendant.