Convicted sex offender Esan Germain who is currently serving a 65-year sentence for sexually abusing a 4-year-old on three occasions—with the final assault at age seven—now faces an additional 30 years behind bars for raping a 15-year-old girl three times.
A jury in a majority verdict of 11 to 1 had back in February found the now 45-year-old former researcher, guilty as charged of sexually penetrating the teen between January 1st and July 24th of 2014.
His sentencing had been deferred for a probation report and impact statement from the victim.
In the impact statement which was read by the counsellor of the now 23-year-old woman, the court heard of the trauma and emotional scars with which she is still afflicted.
“I have had to bury myself in my work just to cope. Added to that I also was subjected to bad habits such as smoking, taking pills, drinking and being withdrawn or antisocial,” the court heard from the statement and the teen’s struggle with depression.
The court heard of the young woman’s desire for Germain to have apologized for what he had done to her, as it would have brought her some sense of closure.
At the sentencing hearing yesterday afternoon, Justice Priya Sewnarine-Beharry said she found as aggravating factors, the fact that Germain continued maintaining his innocence, even in the face of the jury’s verdicts.
She said that even though he had referenced “working to improve himself,” he never clarified what exactly he meant by that—especially since he protested his innocence.
The judge said that it was not for the Court to speculate. She also noted as an aggravating factor, the position of trust he breached.
Pointing to his previous convictions, Justice Sewnarine-Beharry said that was clearly indicative of Germain’s “unrepentant and recalcitrant” attitude towards reoffending which presents a threat to the public.
She said she found no mitigating factors relating to the offence.
Referencing a plethora of case law authorities, the judge sentenced Germain to 20, 25 and 30 years respectively on the first, second and third counts; ordering that the sentences be served concurrently.
The State’s case was led by Prosecutor Nafeeza Baig, in association with Latifah Elliot and Muntaz Ali.
Germain was represented by defence attorney Clyde Forde.
The trial proceedings were held in-camera at the Sexual Offences Court of the High Court in Demerara.
Following his first trial back in 2017, a jury had unanimously found Germain guilty of sexually abusing the toddler.
As he had done with the 4-year-old, Germain not only sexually penetrated the teen, but also caused her to perform oral sex on him, and among other sexual acts, fondled her in the process.
Back in December of 2017 Germain was sentenced to a total of 65 years in jail after being convicted on all three counts of engaging in sexual activity with the child—when she was ages four, six and seven.
At the time, Justice Simone Morris-Ramlall sentenced Germain to 15 and 20 years imprisonment, on the first and second counts respectively.
He was ordered to serve 15 of those 20 years, before becoming eligible for parole. Meanwhile, on the third count, the convict was given a 30-year sentence, 20 of which the judge said must be served before it becomes possible for him to be paroled.
All the sentences are running concurrently. As a result, Germain will have to serve a minimum of 20 years before being eligible for parole.
The state’s case had been that sometime during 2010, 2012 and 2013, Germain performed oral sex on the child, and in turn caused her to do same to him. Additionally, it said he rubbed his penis against the girl’s genitals.
In handing down the sentence, Justice Morris-Ramlall had noted then that not only was the child repeatedly violated, but that the assaults began at the tender age of four.
Among other things, the judge had told Germain that his conduct did not entitle him to mercy, while noting that he needed to be sentenced to a term appropriate for sending a clear message to potential offenders; while at the same time providing him an opportunity to reflect on what he had done and the consequences of his actions, with the hope that he could be rehabilitated in the process.
Noting that the child had been scarred for life, the prosecution had requested life imprisonment.
