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Mar 24, 2022 News
Kaieteur News – Esan Germaine, 45, who was convicted in 2017 and sentenced to thirty years in jail for engaging in sexual activity with a minor, was on Tuesday handed another 30-year jail sentence for raping a 15-year-old girl.
On February 3, 2022, Germaine was found guilty on three counts of raping a minor by a mixed twelve-member jury. He faced trial before Justice Priya Sewnarine-Beharry at the Demerara High Court. The convict was represented by attorney-at-law Clyde Forde, while the State was represented by State Counsel: Nafeeza Baig, Muntaz Ali and Latifa Elliott.
Despite being found guilty, Germaine maintained his innocence and told the court on Tuesday during his sentencing that he is working to rehabilitate himself. Before handing down her ruling, Justice Sewnarine-Beharry stated that she considered the physical and psychological harm the rapist caused towards the victim and more so, his lack of genuine remorse for his actions. The judge added too that there is likelihood that he will commit the offence again since he was previously convicted for a similar offence.
As such, she sentenced Germaine to serve 20 years on the first count, 25 years on the second count, and 30 years on the third count. The sentences will run concurrently.
The rape convict had denied the three charges which stated that between January 1, 2014, and July 24, 2014, in Georgetown, he engaged in sexual activity with a child under the age of 16. According to court papers on the first occasion, Germaine approached the teen and asked her about school, grades, relationship status, and sexual orientation, and he also told her “You know I love you”. The child responded, “I know”, and Germaine then hugged her, kissed her cheeks, and then began to kiss her neck. He then proceeded to undress and then raped her.
The second occasion Germaine first lay on top of her touching her private area. He then kissed her on her lips and raped the minor for about ten minutes. On the third occasion, it was just after mid-night on July 17, 2014, when Germaine first called out for the teen but she did not respond since she knew what he wanted. She was still in bed when she felt a lash on her hand before Germaine dragged her out of bed and again raped her.
On July 23, 2014, while the child was on the road going to the shop she saw her mom and told her what Germaine would do to her and they made a report. In an unsworn testimony in , Germaine’s defence was that the victim was an unmannerly child who misbehaved.
In December 2017, Germaine was sentenced on three counts of raping a child from the age of 4. He was initially sentenced to serve 15 years on the first count, 20 years on the second and 30 years on the third. But with a breakdown of the sentence, he is expected to serve only thirty years behind bars, as the sentence will run concurrently.
According to the indictment, the incidents took place on three separate occasions between January and December 2010; between January and December 2012 and between January and December 2013. On one occasion, Germaine is said to have instructed the child to perform a sexual act on him. The assaults began when the child was just four years old and continued up until she was seven.
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