Convicted child rapist, Esan Germaine

Mar 27, 2022 News

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The Court Journal…

By Renay Sambach

Kaieteur News – Convicted child rapist, Esan Germaine, 45, was this week found guilty on three counts of raping a 15-year-old girl. He received a 65-year jail sentence in 2017, after he was unanimously found guilty on three counts of raping a minor.

On February 3, 2022, Germaine was again found guilty on three counts of raping a minor by a mixed 12-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 to the victim and more so, his lack of genuine remorse for his actions. The judge added that there is a 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 documents 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.
On the second occasion, Germaine first laid on top of her touching her private area. He then kissed her on her lips and raped the minor for about 10 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 mother and told her what Germaine would do to her and they made a report. In an unsworn testimony, Germaine’s defence was that the victim was an unmannerly child who misbehaved.
In 2017, Germaine was sentenced to a total of 65 years in jail after a jury unanimously found him guilty of sexually abusing a young girl. He was convicted on all three counts of engaging in sexually activity with the child—when she was ages four, six and seven.
On the first and second counts, Justice Simone Morris-Ramlall sentenced Germaine to 15 and 20 years imprisonment, respectively. For this, he is to serve 15 of those 20 years, before becoming eligible for parole. While on the third count, the rapist was given a 30-year sentence. Germaine must serve 20 of those years before he becomes eligible for parole.
However, all the sentences are to run concurrently and as such, Germaine will have to serve a minimum of 20 years before being eligible for parole.
Sometime during 2010, 2012 and 2013, Germaine performed oral sex on the child, and in turn caused her to do same to him. He also rubbed his penis against the girl’s genitals.
The father of three, had called one witness in his defence for this case, and had denied the charges and professed his innocence in unsworn testimony from the prisoner’s dock.
A victim impact statement was presented on behalf of the child by her support officer, through whom she related the trauma the assault had and continues to have on her. The impact statement was presented in accordance with Section 61 of the Sexual Offences Act.
From the statement that was read, the court heard that the convict has “destroyed” her life. It was also noted that the rapist allowed his attorney to accuse her of lying and being told by others what to say.
“I only told what happened, and you know it was the truth,” the statement quotes the child as saying, while describing her molester as a heartless man, who could not look her in the eyes when she testified.
The child is also reported in the statement as explaining that she will never forget what has happened to her and that she has been left with “lasting hurt.”
Further, the statement reads that the child is relieved that the trial has ended, while noting that she can now refocus her attention on preparing for next year’s Grade Six examinations.
Programme manager attached to Blossom Incorporated, Shaundell Shipley, who read the statement, told the court of first coming into contact with the child in 2014, after she and her mother were referred by the Child Care and Protection Agency for psychosocial support.
Shipley was tasked with the role of providing support for the child throughout the proceedings, which included preparing her as she reviewed her depositions to testify.
It was during this period, Shipley said, that the child submitted an impact statement, which she read, as the young girl was not at court.
According to media reports, in his address to the court, Germaine’s lawyer, Eusi Anderson, begged the court to be merciful to his client, while stating that he was remorseful, though the convict himself did not address the court. Noting the popular saying that “life begins at 40,” the lawyer said it was a “very dark day” in his client’s life, and that, “We all make mistakes.” However, the lawyer also mentioned that his client maintained his innocence.
In mitigation, Anderson noted that his client had no previous brushes with the law. According to him, Germaine has contributed to society by working with the Lesbian, Gays, Bisexual, Transgender, Queer and Intersex (LGBTQI) community, particularly in the area of research as regards understanding the needs of those vulnerable groups.
Prosecutor Narissa Leander, however, asked that the maximum sentence of life in prison be imposed, while noting, inter alia, that the child has been scarred for life.
In handing down the sentence, Justice Morris-Ramlall noted that not only was the child repeatedly violated, but that the assaults began when the child was at the tender age of four.
The court said it had also considered that Germaine had breached a position of trust by violating, instead of being someone who protected a child. Justice Morris-Ramlall had told the convict that his conduct does not entitle him to mercy, while noting that he needed to be sentenced to an appropriate term, which would send a message to potential offenders.
The judge told him, too, that the sentence imposed would give him an opportunity to reflect on what he had done and the consequences of his actions, with the hope that he can be rehabilitated in the process.

 

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