Man, 38, faces jail for raping 2 nieces in 2014

A Tunapuna man is expected to be sentenced on Monday for raping his two teenage nieces in 2014.

The Basilon Street man appeared virtually before Justice Lisa Ramsumair-Hinds who deferred sentencing to Monday as she wanted time to consider submissions in mitigation advanced by his attorney Shervon Noriega on Thursday.

Noriega admitted his client, now 38, should have known better but urged the court to consider his guilty plea which spared the two cousins - who were 15 and 12 at the time of the incident - the added trauma of enduring a trial.

Noriega advanced his recommendation of a starting point for the sentence his client should receive - 15 years- while assistant Director of Public Prosecutions Danielle Thompson said the starting point should be higher at 18 years.

The nine years the accused has spent in custody is expected to be deducted from his final sentence and he is expected to receive a one-third discount for his guilty plea.

Noriega also suggested a shorter but more intense reporting period for his client as a sex offender; something which the judge said she WOULD consider.

Thompson reminded the court the accused took advantage of not one of the teenagers but both which she said was an extremely aggravating factor.

She also read out the victim impact statements of the girls.

The younger cousin admitted she had not yet healed from the incident. She said her innocence was taken from her although some people have blamed her for what took place. She was a virgin when the incident took place.

“People said it was my fault.” She said she felt pain, anger and powerlessness, both then and now.

“I cannot get back what was taken from me. I feel anger.”

The now 21-year-old said she has not yet forgiven the accused and also expressed fear for her safety.

“I want to be happy and safe.”

The elder cousin said she endured what “no child should experience.”

The incident has left her psychologically and physically scarred, she admitted. She also has trust issues and has turned to drugs.

“I want it all over. It made me into a person I do not like.”

She said she did not hate her attacker but was disappointed in him and wants to use her experience to help others.

“I didn’t deserve what transpired,” she said, but added she was grateful for life.

Although the judge said she could not consider some of what they said in terms of their fears and the toll the incident had on the women in sentencing the accused, she encouraged both of them to get therapy and counselling.

The facts presented by the prosecution which were accepted by the accused were that on November 14, 2014, the two girls agreed to run away after one of the girls got into an argument with her father.

They then called their uncle to ask if they could stay at his home. He agreed.

They met him at the City Gate transport hub in Port of Spain and he took them to his home.

After they got there, the older girl went outside and the accused began interfering with the 12-year-old who tried to fight him off. She was held down and he raped her. Her cousin heard her sounds of pain.

Later that night, they went to bed when the older girl felt the accused touching her. He performed oral sex on her and then raped her. In the morning, he assaulted her, leaving marks on her breast and neck. The accused then left money for them to use for transport and food before leaving to go to work.

Later that day, they went to Curepe where they met with the mother of the older girl and the younger girl’s stepfather. The incident was reported to the police and they were taken to the hospital.

When arrested, the accused told the police he had sex with the cousins but didn’t rape them. “They wanted it.”