A St Catherine man who pleaded guilty to raping and sodomising a now eight-year-old girl, his friend’s grandchild, will only spend just over 11 years behind bars for the heinous acts after being given three concurrent sentences on Friday.

The sentences were handed down in the St Catherine Circuit Court by Supreme Court judge, Justice Bertram Morrison. The 26-year-old convict, who was charged on a five-count indictment for buggery, rape, sexual touching of a child, grievous sexual assault and indecent language, was only sentenced for three of the counts as prosecutors offered no evidence on two counts.

For the count of rape, the man, who was hauled before the court in 2021, was sentenced to 11 years and four months at hard labour, 11 years and four months for grievous sexual assault, and 10 years for buggery.

Under the sentencing guidelines for use by Supreme Court judges and parish courts, the offences of rape and grievous sexual assault on conviction in a Circuit Court attract a maximum sentence of life imprisonment and a minimum sentence of 15 years’ imprisonment.

Justice Morrison, who handed down the sentences, reportedly made it clear that, to his mind, the perpetrator was not deserving of the maximum discount allowed for a guilty plea based on the fact that the aggravating factors — the age of the complainant, the use of violence and the impact on the young girl — far outweighed any mitigating factor. Justice Morrison further said to sentence the perpetrator to any lesser sentence would outrage the public.

According to the facts of the case unveiled before the court, the complainant was taken to the police by her guardian where she made a report of an incident which occurred in 2019. She reported that sometime in 2019 when she resided with her now-deceased mother and grandfather, she was sent to a shop which required her to walk for 20 minutes through bushes during both legs of the journey.

She said on her way back from the shop the accused and another man from the same community held her up and took her further into the bushes. There, the accused forced her to have sexual intercourse with him, buggered her, and forced her to perform oral sex on him while the other man stood and watched. Both men then left the complainant, who walked home in tears. According to the young girl, when she got home she immediately reported her ordeal to her grandfather, but he did nothing. She told the police that the men were friends of her grandfather.

The complainant was later relocated and placed with a guardian where she broke down and shared her ordeal. She was taken to the Child Protection and Family Services Agency (CPFSA) and a report lodged.

Upon arrest and caution the accused told the investigating officer, “Mi do it miss. Mi sorry. Mi want tell you what happen.”

After giving his cautioned statement the accused saw the complainant crying and broke down while apologising to her in the presence of her guardian.

Earlier this month Latin American Public Opinion Project (LAPOP), a centre of excellence for international survey research, said, “the overwhelming majority of Jamaicans surveyed” believe criminals are being given too many slaps on the wrist as punishment.

The finding is one of several highlighted in the 2021 report of the LAPOP Lab which was released on Wednesday at The University of the West Indies, Mona in St Andrew.

According to LAPOP researchers who surveyed 20 countries in the region, “Jamaicans overwhelmingly want more severe punishment of criminals, but they also believe that criminals face discrimination.”

According to LAPOP, 76 per cent of Jamaicans, or over two thirds, “strongly agree” that criminal punishment should increase, with one in ten (11 per cent) disagreeing.

However, 63 per cent of Jamaicans said they also agree that employers discriminate against people with criminal records.

According to LAPOP, one source of distrust among the public toward police — and the judicial system more broadly — could be linked to how Jamaicans perceive the treatment of criminals.

Commissioner of Police Major General Antony Anderson, commenting on the issue, said the finding is one that has been recurring.

“The whole attitude towards punishment of criminals, every survey I have seen, says in Jamaica we are soft on our legislation on crime and criminals, but I think perhaps there is a more sophisticated view that we would take. I agree that we are actually quite soft but the answer is a little more complex than just changing one aspect of it, which is making laws stronger,” he said.

“We have issues like recidivism; if we are putting people away, what happens to them over that period? Because when they come out you don’t want them to be back to their old ways but to do different things,” the commissioner noted.