Seven-year jail term after man confesses to rape

A high court judge has condemned as “criminal and morally reprehensible” the rape of a young woman by a man she was once in a relationship with.

Justice Kathy Ann Waterman-Latchoo yesterday minced no words as she rebuked Lemuel Smith, 31, for his “shockingly offensive behaviour.”

Smith pleaded guilty to raping the woman on February 13, 2013, grievously assaulting her sexually and choking her. Telling him rape is not to be tolerated, she said the act was the “ultimate violation of self.” “It cannot be righted and diminishes all humanity,” she said, adding that it left life-long psychological scars on the victim. The woman, in a victim-impact statement to the court, said she has sleepless nights and has to be medicated. She has also attempted suicide and said she has been left broken in ways she cannot explain.

“I am emotionally scarred for life,” she said, adding that she felt hurt, angry and violated especially since she trusted Smith.

For rape, Smith received a sentence of 20 years, but the one-third discount for his contrition – he apologised in court to his victim – and the five years, nine months and 28 days he spent in prison awaiting custody, were subtracted leaving a sentence of seven years, eight months and a day which he will begin serving from yesterday.

He was also sentenced for the other offences, but the eight years for grievous sexual assault has already been served and the four years for choking with intent will be served concurrently (or alongside) the other sentence. After she sentenced him, Waterman-Latchoo told Smith, “You will be allowed to re-enter the free world in a short time. You are still young and have the opportunity to see redemption…You have a long life ahead of you to make amends. It is up to you.”

However, she warned him that the horrific offence he committed “will never be washed away” and should he re offend, the law would not be light or gentle to him. “It will be exceedingly difficult for you,” she said. Smith and the woman were in a relationship and she knew him as someone who preached as a Jehovah Witness. She had not seen him for some time before she agreed to meet him.

She was picked up sometime in the late evening and Smith and another friend, who the victim knew, took her to Bangladesh in St Joseph where the men purchased marijuana. They then went to Curepe where the men bought three beers. Smith drove them to an area in St Joseph where they smoked and drank and then to the Maracas waterfall, where he said he was going to check someone.

The woman was held down in the back seat of the car where she was raped by the other man. She was choked so forcefully it left abrasions on her neck and she lost consciousness at least three times during the ordeal.

Smith violated her with his fist before she was dragged out the car and thrown down a precipice into a river by the men. She said when she regained consciousness, she could not walk and had to drag herself out of the water and the bush before she was able to reach the nearest house for help.

Smith was allowed to read out a statement to the court and in it he said he was very sorry for hurting his victim.

“I know she would never forgive me, but I am sorry,” he said. “If I can right the wrong, I would.” He said he was serious about turning into a better person and was again sorry for the hurt and pain he caused her, her family, his family and his religion; although Waterman-Latchoo said she was not sure he was a Jehovah Witness but just associated with people in the religion.

“I hope he is sincere in what he is saying and let us not take the Lord’s name in vain,” she said.

Smith was represented by attorney Shervon Noreiga.