Stepfather gets 21 years for incest on minor
A young child has been left to rue the loss of her innocence after suffering repeated acts of incest at the hands of her stepfather.
The High Court handed down a 21-year sentence for a man — whose name was withheld by the court because of his close relationship with the victim — after he was convicted in November, 2022 of three counts of incest and one count of indecent assault.
Curious! No rape charges
It remains unclear why the stepfather was not charged with rape, since, as Justice Thomas Astaphan pointed out in his ruling, each of the heinous acts committed on the child, constitutes the criminal offence of rape which is punishable by a maximum term of life in prison.
Furthermore, the child’s stepfather was also not charged with the lesser offence of statutory rape which is punishable by a maximum term of imprisonment of 14 years.
However, each of the acts of incest that the stepfather was charged with is punishable by a maximum term of 10 years in prison.
Clear and present danger
The first offence of indecent assault happened when the child was eight years old and she reportedly wrote in a letter she later described as a joke, that her mother’s then-boyfriend touched her derriere (buttocks).
The other acts of incest were reportedly committed once the man had become the victim’s stepfather and while she was between the ages of nine and 12.
“[Defendant] robbed me of my childhood and has taken away my sanity and my dignity. My mom married this man and brought him to live in our home and I never expected him to do this malicious act to me. He is a demon and a heartless individual who has no regard for young girls,” the child said in a victim impact statement to the court.
The stepfather reportedly committed the acts of incest while the mother was away from the home, and on one occasion, when the mother’s friend came to stay overnight during a weekend.
In his judgment, Justice Astaphan concluded that the offender was a clear and present danger to society since, among other things, he blamed the victim and her mother for the acts he committed and declined to take any responsibility for his actions.
‘Jail wuk’
According to court records, on each occasion the child was raped, she was scared to tell her mother – that is, until September 2021 when she told her brother who lives overseas, on a FaceTime call, and he told their mother.
Upon being confronted by the child’s mother in the presence of the child, the stepfather reportedly clasped his hands, got on his knees and began to beg the victim saying that “this is jail wuk”.
During the confrontation, he admitted to touching the child and reportedly said: “but [I] don’t know what came over [me].”
After he was convicted, the stepfather was sentenced to three consecutive terms of seven years in prison on the charges of incest. He was handed a concurrent term (to be served simultaneously with the other sentence) of two years and three months in prison for the single count of indecent assault.
Justice Astaphan ruled that, given the egregious nature of his offences, the stepfather was not eligible for parole until after having served 13 years and four months of his sentence. He is also expected to complete an approved counselling or rehabilitation programme during his time in prison.
The prosecution was represented in the trial by Senior Crown Counsel Patrice Hickson, while attorney Michael Maduro represented the defendant.
Copyright 2024 BVI News, Media Expressions Limited. All Rights Reserved. This material may not be published, broadcast, rewritten or distributed.
Why is there no sex offender list in the BVI for creeps like him to be on?
Why was he not charged with RAPE, that is not his biological child, that does not constitute incest, he needed to be charged with RAPE and get the life sentence for the years of physical and physcological abuse he put that young lady thru! This is a joke, im utterly disgusted at the legal system on this one! because WHATTTTT???!!!!
These type of nastiness is becoming a normal thing here cause he wasn’t the 1st. And what’s disturbing is that majority of the time the victim is blamed and shamed. There’s a nasty predator like this one who served time for doing the same thing and let me tell you that nasty demon is not remorseful and continues to deny what he did. LADIES, please please be very careful with your children and the type of men you date.
For the love of GOD please STOP protecting man like this his name should be made public for the whole the know.
Maybe when such information is made public, the other sex offenders will stop with the Bulls**t.
There are so many wh**es out there, so why are they molesting the children!
He sound have been charged with rape!! What kind of nonsense charges are these!! The bvi is really not a real place , alot of these pervert around this continent getting away with things.
Even worse is a bunch of them around the school system and people know there is something wrong but won’t tell on them. If you know say something otherwise you are as guilty as the person doing it.
It sure is. 21 years to be precise. Quite frankly he deserves more time. Anyone and I mean anyone who have sexual relations with children/minors needs to be throw into a prison cell.
The psychological damage these acts do to these young victims in incalculable.
He gets 21 years in jail, and the victim gets a life sentence of emotional turmoil.
I trust that her mother gets her some sort of counseling if she has not already.
Women, where ever you are, be very very careful with men you bring into your home that are not your children’s father. When I speak of children I am including male children too.
I am a nonviolent person; however, I can think of 2 circumstances under which I will hurt someone:
1. In defense of myself if attacked, and
2. In defense of my child who has been sexually abused and assaulted. The police had better get him before I tear into his rear end. When I finish with him, he will understand what came over him.
Now, this article states this man was the child’s stepfather. As such this is not a crime of incest as incest by definition is inappropriate sexual acts between genetically related individuals.
Specifically, if this man was the child’s biological father, his actions would accurately be described as incestuous. Either way, it’s a horrible crime deserving of severe punishment.
HE NEEDS TO ROT IN JAIL…WHY MOLEST YOUR STEP CHILD AND YOU HAVE A WIFE??? It have so many women out there selling their front why try to spoil a young lady future ahead of her? This is something she has to live with for the rest of her life. THIS AIN’T ENOUGH YEARS IF YOU ASK ME!!! THEM NEED TO BULL HIS A$$ UP BALO.
The charge of incest gives a higher jail sentence. That is why
S**t like this angers me. The mother needs a scolding too. Stop brining these men around your children and not monitoring them/ your child’s behavior. There are always red flags. I am disappointed in the charges and the sentence. He should have gotten way more time in prison. I hope he gets his due in prison. Scumbag.
Well tell him Pumpkin waiting on him. Just desserts.
117. (1) A man who rapes a woman commits an offence and is liable on conviction on indictment to imprisonment for life.
(2) A man commits rape if
(a) he has unlawful sexual intercourse with a woman who at the time of the intercourse did not consent to it, and
(b) at the time he knows that she does not consent to the intercourse or he is reckless as to whether she consented to it.
(3) If at the trial for a rape offence the jury has to consider whether a man believed that a woman was consenting to sexual intercourse, the presence or absence of reasonable grounds for such belief is a matter to which the jury is to have regard, in conjunction with any other relevant matters in considering whether he so believed.
122. (1) A man who has sexual intercourse with a woman whom he knows to be his grand-daughter, daughter, step-daughter, sister or mother, commits an offence and is liable on conviction on indictment to imprisonment for a term not exceeding ten years.
Please read the criminal code, it provides for “Step-daughter under the criminal offence of incest.
Nice of you to look up the “criminal code”.
However, you pulled up the wrong criminal code that is not even pertinent to the Virgin Islands, a code that dates back to 1998.
Even so, your interpretation of it is wrong. No where in what you quoted and what’s in that document states that sex with a step-daughter is a is considered incest punishable by law.
I refer you to the last paragraph of your own post where it states “offense” as being sexual intercourse with specified parties.
May I suggest before you respond that you take a moment to look up the legal definition of incest.
When this creep strikes again sue the government, then again Pumpkin will “keep” him
When a young girl accused you of molesting her you get out of here before the police get involved. 95% of the time the Jury will believe the young lady and most times the young ladies are actually having consented sex with a man they love. But when Dr test her and say she is sexually active the man she accused will pay the heavy price..Lots of innocent men end up Ballo.
I understand this is his second time committing an offense of this nature. Why was he not giving the maximum sentence (LIFE). No conviction on the first incident cause the obeah was strong, but God do not sleep. His behavior is habitual. Playing church while all along he’s a demon ? in disguise. Using social media trying to protray he’s a man of God. The sad part is this young lady has been scared for life. Punkin waiting on your bottom hope you could take pressure.
Same reason there are unsolved murders here. Code of silence
Why is this article permitted to have comments to it. However the article with the local accused of rape ACTUAL RAPE doesn’t allow comments that particular article. Surely this moment itself will not be permitted. Why; because they will not like the end results of you the bloggers.
I am local making my comment and if admin can respond to this will be great
Because everybody here related and they love to sweep their dirty laundry under the rug imagine a politicians brother doing this how do you think that story will look? But a sex offender registry Is needed in the BVI