45-year-old Robert Joseph who admitted to raping a 15-year-old girl back in 2019 was yesterday sentenced to 10 years behind bars from which the prison has been ordered to make the mandatory one-third deduction which accompanies such pleas.
Appearing before Justice Jo-Ann Barlow at the Sexual Offences Court in Georgetown, an apologetic Joseph lamented how sorry he was for his action regarding what he described as “wah play out duh night.”
The offender attributed his assault of the teen to alcohol consumption, but repeatedly said that he was sorry—apologizing both to the virtual complainant—and her parents.
He sought also the forgiveness of his children for what he said was the “pain, distress and punishment” he had caused them because of his actions.
In his address to the court, Joseph declared that consuming alcohol was not for him.
“Rum, beer and suh is nah fuh me,” he said, while adding; that he was “sad” about what he had done and wished he could “correct it,” even as he attempted to broach the possibility of a non-custodial sentence.
Justice Barlow was, however, keen to point out to the offender that the offence he had committed carried a maximum term of imprisonment for life, though she said the Court was not of the view that his case so warranted.
The judge said she did not find that the case was the “worst of the worst,” for which she said life imprisonment is reserved; but stressed that the sexual offence for which he was charged, carried a custodial sentence which is both necessary and appropriate.
For one she said that a message needed to be sent to potential offenders. She said, too, that penetration—irrespective by what—remained penetration, and constitutes rape under the Sexual Offences Act.
She underscored that one manner of penetration was no less appalling than another.
Joseph had inserted his fingers into the girl’s genitals.
Justice Barlow commenced the sentence at 12 years from which she deducted two years for what she said the Court viewed as Joseph’s genuine remorse for what he had done. The acceptance of responsibility for one’s action she said, always carries weight before the Court.
On this point the judge said that Joseph has always exhibited a “consistent course of conduct,” of wanting to plead guilty, which he did at the first opportunity given.
From the remaining 10 years on the sentence, Jus-tice Barlow then ordered that the prison make its mandatory one-third deduction for which credit is given to early guilty pleas.
She further ordered that the prison provide Joseph with the necessary counselling services for sex-offenders; and also for the prosecution and the survivor’s therapist to ensure she continues getting all the support needed.
She then admonished Joseph to spend his time wisely behind bars.
Justice Barlow noted from the facts of the case that alcohol may have played a part in the commission of the offence, but sternly warned that this could not be excused. She noted, too that Joseph had also given the child alcohol to consume before raping her.
This the Court viewed with consternation.
The judge said that his age and that of the child at the time the offence was committed were also aggravating factors. She noted that the only two mitigating factors which operated to his credit was his remorse and early plea.
Joseph was represented by defence attorney Dexter Todd; while the State’s case was led by Prosecutor Sarah Martin.
The prosecution’s facts which Joseph does not dispute, is that on July 9th, 2019 he fondled and raped the teen after giving her alcohol to consume and dissuading her from telling anyone what had happened.
He told the young girl that he was “not doing anything bad,” yet she should not tell anyone of what had transpired as they would be angry with her.
The teen, however, told her mother what Joseph had done to her and he was later arrested and charged.
