A look at rape and sexual offence matters

Jul 18, 2021 News

The Court Journal…

By Renay Sambach

Kaieteur News – Rape and sexual offence are serious matters. Rape is when a person penetrates someone’s vagina, anus or mouth with a penis, without their consent, while sexual assault is when someone penetrates the vagina, anus or mouth, with any part of the body other than the penis, without the person’s consent.
Other forms of sexual assault are, someone touching another person in a sexual way without their consent; causing someone to touch the perpetrator in a sexual way; causing someone to touch someone else in a sexual way, all without the person’s consent.
This week I will share with you some matters in which persons were charged with either rape or sexual offence.

RAPE CASES
Making headlines earlier this year was 37-year-old Thurston Semple, a taxi-driver who was accused of raping and battering a Venezuelan woman. Semple of Lot 5A Tucville Terrace, Georgetown, is not a first-time offender. According to reports, when he appeared in court for raping the Venezuelan woman it was his fourth rape charge.
The alleged serial rapist is accused of raping four sex workers during the period 2017 to 2021.

Charged multiple times for rape, Thurston Semple.

In his most recent case, Semple picked up the woman and agreed to pay her to have sex with him. However, while at Semple’s home, the woman reportedly told Semple she only had one more condom and if he did not ejaculate, she would leave. The woman’s caution reportedly caused Semple to become annoyed. He then reportedly armed himself with a knife, proceeded to orally and vaginally rape the woman. He also sodomised her.
In April 2021, Semple was committed to stand trial in the High Court for allegedly raping a sex worker. In that matter he was granted $250,000 High Court bail.
However, due to him being on remand for other rape matters he remains in the custody of the Guyana Prison Service (GPS). Thurston was committed to stand trial in the High Court at the next practicable sitting of the Demerara Assizes.
On July 9, 2021, police officer, Michael Kendall, was also committed to stand trial in the High Court for rape of a minor.
Kendall was committed to the High Court using the paper committal process. He was sent to the High Court by Principal Magistrate, Sherdel Isaacs-Marcus, in the Georgetown Magistrates’ Courts.
The police constable was jointly charged with one Eon Franklin in March 2021 for the alleged rape of a minor. On their first court appearance they were not required to plead to the indictable charge, which alleges that on December 3, 2020, at Georgetown, they raped a child under the age of 16. Both men were placed on $300,000 bail each on their first court hearing.

Charged for sexual assault, TBS Director, James Bovell.

While Franklin’s matter is still ongoing, Kendall remains out on bail as he awaits the commencement of his trial at the next practicable sitting of the Demerara Assizes.
In August 2018, a New Amsterdam man was found guilty of raping a physically challenged girl.
The man, Wazir Ali of Bermine Housing Scheme, New Amsterdam, Berbice, was convicted of raping the 17-year-old in 2015.
According to the facts of that case, Ali, who was tasked with transporting church members, including the teen whom he raped after dropping off all the members.
In another case, a police officer was placed on $150,000 bail for allegedly raping his 13-year-old cousin.
It is alleged that during the month of December 2019, in Georgetown, he raped a child under the age of 16 while knowing, or could reasonably have been expected to know, that she is his cousin.
According to reports, the child told investigators that during December 2019, after she exited the shower and was heading to the bedroom, the defendant entered the bedroom a few moments later and raped her.

Committed for rape of a minor, police constable, Michael Kendall.

The defendant had made another attempt to sexually assault the child, but she was able to record a short video of him trying to pull off her pants. The matter was reported, the defendant was arrested and subsequently charged for the offence.
During March 2021, Ivor Laud, was found guilty of raping a 10-year-old girl. It was reported that Laud and the victim are known to each other and lived in the same neighbourhood.
According to reports, on the first occasion that the incident occurred, the accused called the child over to his house and told her that he had something for her, so she followed him into his house. At the time, the accused only had one bedroom.
They went into the bedroom and there the accused lifted her up and put her to lie on the bed. He then removed her pants and underwear. The victim reportedly saw the man’s erect penis, which he instructed her to hold before later pushing it into her vagina. Afterwards, the victim reported that she saw whitish substance on his penis and then he told her to go home and wash up, so she did.

Charged for sexually assaulting a minor, former PPP/C MP, Alister Charlie.

This continued from 2015 to 2017, where the accused would put his penis into her vagina and he would suck her vagina sometimes. The last time was in August 2017, where the accused sucked the complainant’s vagina at his house in his bedroom. He would have called her over and she went.
When these incidents would happen, no one would be at his home. At the time, he had a wife and children. The matter later came to light and the accused was arrested and charged with rape.

RAPE PENALTY
Rape is an indictable matter and when the matter is brought before the court, the alleged perpetrator is not required to plead (guilty or not guilty) to the crime. The matter would first go to the Magistrate’s Court for a preliminary inquiry (PI). A PI is done by the Magistrate. The prosecution would produce the evidence to the court and at the end, the Magistrate can either commit the alleged perpetrator to stand trial for rape in the High Court or dismiss the case because of insufficient evidence or other reasons.
Someone who is found guilty of rape is liable on conviction to serve life imprisonment.

SEXUAL ASSAULT CASES
The trial into the alleged sexual assault of a former Accountant of The Business School (TBS) by the entity’s Director commenced in March 2021 in the Georgetown Magistrates’ Courts.
During 2020, James Bovell, the Director, was charged for allegedly sexually assaulting the employee who has since parted ways with the company.
The woman was reportedly sexually assaulted sometime after she had asked Bovell to borrow money to pay her rent. However, the matter had not made its way into the media until March this year.
Bovell had denied the charge, which alleged that during February 2020, at TBS, located at Lot 43 Brickdam, Georgetown, he sexually assaulted one of his employees.
According to the facts of the charge, on the first occasion Bovell reportedly grabbed and kissed the woman on her cheeks and on the second and last occasion he grabbed her buttocks. After that incident the woman cleared out her desk and reported the matter to the police.
Bovell was later arrested, subsequently charged and placed before the court. In another matter of sexual assault, former People’s Progressive Party/Civic (PPP/C), Member of Parliament (MP) Alister Charlie, was hauled before a City Magistrate in January 2020, after he was charged for allegedly being involved in sexual misconduct with an underage child.
Charlie had denied the charges which stated that between August 1, 2019 and August 31, 2019, he sexually assaulted a 16-year-old boy.
According to reports, he was also charged for allegedly trying to bribe the teen’s grandmother with $500,000.
According to reports, Charlie met the teenager at a birthday party that was held for one of the MP’s young relatives. It was alleged that the MP first made advances towards the teen at the party and later accompanied the teen to a nearby bar where they were imbibing.
It was during this time that he allegedly made a second proposal to the teen. Charlie and the teen were reportedly videoed with their pants and underwear down, and Charlie allegedly touching the teen’s genitals.

SEXUAL ASSAULT PENALTY
Sexual assault matters are done summarily. This simply means that when the matter is brought before the court, the Magistrate will conduct a trial and the alleged perpetrator can plead either guilty or not guilty to the charge after it is read to them. A person is liable, upon summary conviction, to five years imprisonment.
However, sexual assault can also be laid indictably and upon indictment conviction, a person is liable to face 10 years imprisonment.