Man jailed for a year after sex with schoolgirls, 13
A Pembroke teenager who admitted to having sex with two 13-year-old girls was yesterday sent to jail for a year.
Joshua Dwayne Santucci, 18, of Mount Hill received a 12-month sentence and three years probation after he was convicted in Supreme Court in April of having unlawful carnal knowledge with two 13-year-old girls in March and May of last year.
Crown prosecutor Maria Sofianos told the court the first girl met Santucci in January 2007.
She told him she was 13 and he said he was 17. They exchanged cell phone numbers and began texting each other back and forth forming a friendship.
On an unknown date between March 1 and March 31, the defendant text messaged the girl and asked her to come over to his house.
When she came, the pair had sex with Santucci using a condom.
The final encounter took place May 17 when the girl was walking home from school in her school uniform. Santucci text messaged her again and asked to come to his house to have sex.
The pair went downstairs to the cellar and were in the middle of having sex when it was interrupted by Santucci's brother and grandfather.
The girl hid in a hallway but was found by the grandfather and brother. The girl's mother was notified and the Police were called.
Santucci was arrested and interviewed on that day and interviewed again on June 27.
Crown prosecutor Cindy Clarke argued a defendant convicted of a crime of this nature should expect to receive an immediate custodial sentence. She said Santucci is solely to blame but has not accepted responsibility for his actions.
Ms Clarke explained Court Services determined his risk of re-offence as moderate and suggested an appropriate sentence would be anywhere from two to five years followed by probation.
Santucci's lawyer, Richard Horseman, said his client was 17 years old at the time of the offence and made a stupid mistake.
"He was not old enough to vote, not old enough to sign a deed, not an adult, a young person. A person who made a decision when they were 17 has to be looked at differently."
The lawyer said his client expressed remorse for the situation and asked Puisne Judge Carlisle Greaves to take into account Santucci's age when sentencing him.
Mr. Horseman requested a suspended sentence and if his client had to go to prison, 12 months.
Mr. Justice Greaves said there wasn't much age difference between the girl and Santucci and added: "Who do we expect them to be attracted to? Older women or young girls. Whatever your urges may be, if she isn't 16 yet, leave her alone."
He sentenced Santucci to 12 months imprisonment for each count to run concurrent and three years probation.
"Leave these little girls alone", he said.
"That is as merciful as I can be.
"I hope I never see you again for interfering with children."
The information on the second girl was not disclosed in court.