Twenty-two-year-old child sex offender, Orvin Smith who raped a 12-year-old girl has been sentenced to 16 years behind bars.
Smith, who raped the child on two occasions, was told by Justice Sandil Kissoon that his revolting acts may well have gone unchecked had the girl’s mother and other relatives not become aware of a video he had recorded of the assault, which he then shared virtually in a group among his friends.
A visibly annoyed Justice Kissoon told an expressionless Smith that the Court was of the belief that had it not been for that video which was then circulated on social media, he may never have admitted the offences.
At his arraignment two weeks back, Smith admitted raping the child on two occasions between September 21st and 30th of 2020. The charge against him was for sexually penetrating a child under the age of 16.
“Devastating, calculating and abominable” were some of the words Justice Kissoon used to describe Smith’s actions in violating the child in what he said was the worst possible way; even as he underscored the duty of adults to be protectors of children.
At the sentencing hearing yesterday morning, Smith’s attorney Dexter Smartt said that it was “regrettable” what his client had done.
But even as he acknowledged that notwithstanding his client’s contention of the child being much older, the offence is one of strict liability, counsel said that the offender had “learnt his lesson.”
He presented him to the court as remorseful and commended him to the Judge for consideration of having potential for rehabilitation, even as he begged for the imposition of a minimal sentence.
“Don’t loss him away in prison,” was the cry from counsel.
In his terse address to the court however, Smith said “I really sorry fuh wah happen between me and them people these hay suh.” He then continued, “I din really mean fuh things happen suh.”
Probation officer Rhonda Holder said that while the offender admitted committing the offences, he sought to deny knowing her true age. The officer stressed, however, that ignorance of the law was no excuse and that Smith needed therefore to be dealt with as the Court saw fit.
In her tearful address to the court, the child’s mother said that she is still terrified by what Smith had done to her daughter, and the embarrassment with which she lives daily, knowing that the assault had been videoed and shared on social media.
“At 12 he took my…child’s innocence away,” said the woman who shared that she has endured many sleepless nights. She spoke also of not being able to eat, but being filled with rage whenever she sees her daughter’s rapist.
The woman opined that Smith’s conduct on the video and the things he had to say about her daughter has led her to the conclusion that he was not truly sorry for what he had done, but regrets only being found out.
It was against this background that she asked the judge to do justice in her daughter’s case.
In handing down the sentence, Justice Kissoon said he had considered among other things the fact that the assault against the child had been repeated, as well as the antecedent against him for allegedly raping another 12 year old.
The prosecution’s report to the court yesterday regarding that charge was that the complainant in that matter who is now of age, had indicated her frustrations with the justice system and said that she did not want to offer any evidence.
In those circumstances, the prosecution was unable to proceed with that case.
The judge said that after considering all the circumstances of the case, Smith would be sentenced to a term of imprisonment for 16 years, 3 months for the two offences, ordering that the sentences run concurrently.
The judge had commenced the sentence at a base of 15 years and added two years for the fact that the assault had been repeated. From the 17 years, he then deducted one-third for Smith’s guilty plea.
From the remaining 11 years, 3 months, the judge then added five years for the offender’s recidivism, particularly pointing out the previous charge against him in relation to the other 12-year-old.
It was further ordered that he undergoes counselling tailored for child sex offenders as well as technical and vocational training to aid his rehabilitation and re-integration to society when the time comes.
The judge also made orders for the complainant to receive psychiatric and psychological training as part of her counselling support.
The state was represented by prosecutors Cicelia Corbin, Caressa Henry and Marisa Edwards.
The matter was called at the Sexual Offences Court of the High Court in Demerara.
