Court yesterday for forcing a 35-year-old American woman to have anal sex with him on a South Shore beach.

A jury of seven woman and five men found Phillips unanimously guilty of the charge of buggery last month but sentencing was adjourned pending a social inquiry report.

The court heard 42-year-old Phillips, of Sandys Parish, had no similar convictions and had never been in prison -- although he was fined in Magistrates' Court for obstructing police and having drug equipment.

In reaching their verdict jurors did not have to decide whether or not the woman consented to having anal sex with Phillips because it is forbidden by law anyway in Bermuda.

But Crown Counsel Mr. Brian Calhoun pointed out there is a provision in law for the judge to decide whether or not the woman gave her consent and sentence accordingly.

After several minutes Puisne Judge the Hon. Mrs. Justice Wade found: "I am satisfied beyond a reasonable doubt what happened to her happened without her consent. It was a very unpleasant affair.'' Before sentencing, Phillips insisted: "I am innocent. I have already stated my innocence.'' Mr. Philip Perinchief, for Phillips, said an appeal against his conviction had been filed and an appeal against sentence was being considered.

The maximum sentence for buggery -- considered an offence of moral turpitude -- is ten years, while rape carries a maximum sentence of 20 years because it considered an offence of violence.

During the sentencing hearing Mr. Calhoun said Phillip's story was "fraught with tremendous incredibility and inconsistency''.

He cited several examples: Phillips claimed he was turned off by the woman but managed to obtain an erection; He at first denied knowing the woman but when she identified him he said she consented to having sex; He said no force was involved but a doctor testified there was slight bruising to the woman's shoulders and breasts.

Mr. Perinchief questioned the woman's actions in going down a "treacherous cliff'' to a secluded beach with a man she had just met.

"I suggest she was not totally led astray by the accused ,'' he said. During the week-long trial Mr. Calhoun called the offence, which occurred "a rather brutal attack'' and a "classic case of date rape''.

The woman -- who flew to the Island for the trial from Mississippi where she now lives having divorced her Bermudian husband a month before the offence occurred -- admitted to the jury she willingly went to the secluded beach in Warwick on the afternoon of December 12, 1990.

She said she went there to chat with him, but became concerned when she saw no tourists on it. She said they had been sitting on a rock chatting for a few minutes when Phillips kissed her and she tried to fight him off.

But he unzipped his trousers and while holding her tightly had anal sex with her against her will, she said adding she tried to get away and screamed loudly the whole time.

Phillips and the complainant did not dispute that they first met each other in Somerset one hour earlier when invited her to lunch and the beach.

Phillips testified he was "turned off'' by the woman when he saw her naked and only had sex with her so as not to offend her.

He said sex was not on his mind when he took her down to the beach. He told the jury he had only wanted "enjoy the pleasant view''.

Mr. Perinchief suggested to jurors the woman decided to report the incident to Police the next day because it was against her religion.

He added she may also have been upset with Phillips because he had not wanted to continue having sex with her on the beach.