Justice Jo-Ann Barlow yesterday morning sentenced part-time dance promoter Esmond Kwesi Slowe to 30 years behind bars for the rape of a 14-year-old girl.
Referencing evidence presented at his trial and findings of a probation report presented at yesterday’s sentencing hearing, the judge made it clear to Slowe that he could not shift blame for his actions to whatever drunken state he may have been in at the time the offence was committed.
She said that while excessive alcohol consumption “may” have played a role, one has to face whatever consequences flow from deliberately imbibing beyond one’s limits and it was against this background that the judge said a strong message needed to be sent to society. She said that the law does not allow a person to escape liability for their actions by simply blaming it on the ill-effects of alcohol or drunkenness.
“People do stupid things because they are not masters of their own minds,” Justice Barlow said.
Following an in-camera trial at the Sexual Offences Court of the Georgetown High Court, a 12-member mixed jury returned a majority verdict (11 to 1), convicting Slowe on the charge of sexually penetrating a child under the age of 16.
He had been charged with committing the offence on December 16th, 2016.
Though convicted on December 5th, the judge deferred Slowe’s sentencing until yesterday, after his attorney had requested a probation report.
Probation and Social Services Officer Pamela Atwell, who read the probation report on Slowe yesterday, said that although the convict related respecting the jury’s verdict, he remained adamant that he was innocent.
She said that in her interview with the convict, he continued to maintain that he had gone home intoxicated after partying the night before the rape and has no recollection of committing the sexual assault.
Atwell said the man related to her that he had gone to bed and awakened shirtless the next day and had seen the teen lying naked in bed next to him.
The probation officer said Slowe told her that the young woman told him that he had had sexual intercourse with her, though he said he had no recollection of that ever occurring.
Stressing that all children are “Guyana’s most important resource for the future,” the probation officer said that they ought to be protected by adults, and for actions such as Slowe’s the court needed to send a strong message of deterrence to society.
Atwell said that the young woman needed justice in a manner befitting to deter potential offenders, while adding that she would also require continued psychosocial support to cope with the challenges such an assault causes.
Reading from a victim impact statement, counsellor Raynasha Callender said the teen related to her how “sad and shocked” she felt after what had happened to her and how relieved she now felt knowing that she had gotten justice and the fact that the convict would be unable to hurt anyone else, since he would be going to prison. “I was once a happy child before the incident, but then everything changed. He was supposed to protect and care for me,” the statement quoted the child as saying.
The court then heard of the child relating that she had believed that what had happened to her had been her fault, even as she felt stripped of her childhood.
“But having justice gives me peace and I will be happy even if it’s just a little. And I’m happy that he can’t hurt anyone else,” the statement quoted her as also saying.
Justice Barlow said that she considered all the circumstances of the case, both mitigating and aggravating. With respect to the former, she said she considered that Slowe had no antecedents and that although he sought to profess his innocence, he still respected the jury’s verdict. As regards the aggravating factors, however, the judge said that the convict, being 40 years old, needed to have known better. She also noted that he breached a position of trust by violating the young girl.
She then informed the visibly distressed man that he would be sentenced to 30 years in jail, while noting that the court could not be any more lenient with him, despite his claims of being unaware of his actions.
The judge firmly told Slowe that his actions could not be excused because of excessive alcohol consumption.
The judge ordered that the convict be exposed to prison counselling programmes, which are tailored to reform alcoholics as well as sex offenders.
She also ordered that the victim be afforded continued counselling and support through her court-support personnel.
In his address to the court, defence attorney Maxwell McKay had told the court in mitigation that his client had no antecedents, was a regular church goer and that he wished he could have turned back the hands of time and undo what he had done.
Counsel, however, asked the court to consider that his client had respected the jury’s verdict, though he said he could not recall committing the offence and he added that Slowe held no malice toward anyone.
The state’s case was led by Prosecutor Seeta Bishundial, who appeared in association with Abigail Gibbs.
