Judget upholds rape sentence
convicted of rape.
Rodney Wilson, who is serving a ten-year prison sentence for the rape of a 24-year-old woman visitor in August 1991, was denied any reduction in his prison term.
Mr. Philip Perinchief, defending, argued Wilson's sentence was "way out of line'' with other convictions. He asked that the sentence be reduced to between four and six years.
Mr. Perinchief cited two cases in which the men convicted had received lighter sentences for more violent rapes.
He said Wilson's case was different in that it was not premeditated, nor did he use a weapon or excessive violence to subdue his victim.
He also said his client pleaded guilty to the offence thereby sparing his victim the ordeal of participating at a trial.
But Crown Counsel Mr. Brian Calhoun said Wilson had demonstrated excessive violence when he stuffed leaves into the victim's mouth before raping her.
And he pointed out that violent crimes against tourists were particularly serious as they risked Bermuda's reputation in the international press.
"This is very serious in the context of Bermuda,'' he said. "It is injurious to the whole community when tourists are preyed upon.'' Mr. Calhoun told the court that the victim had been walking back to her hotel in the early hours of August 31, 1991 when Wilson grabbed her from behind and dragged her into the bushes. He stuffed foliage into her mouth before raping her.
Wilson was arrested on the evidence of DNA tests and only changed his plea to guilty minutes before the trial began.
But according to a social inquiry report, Wilson showed little remorse for the rape. He told psychologists: "She (the victim) was in the wrong place at the wrong time.
"I went to a friend's house and he got me vexed. I saw the girl and I took it out on her. She should just forget about it and get on with her life.'' Mr. Calhoun said that according to the report, the woman's life had taken a "dramatic turn'' since the rape. She suffered from nightmares and flashbacks and was afraid to be left on her own.
Mr. Perinchief argued that sentencing should be identical in cases of crimes against visitors and locals alike. He said stiffer sentences for "economic reasons'' could not be justified.
The Court's reasons for its decision will be released at a later date.