An 18-year-old pleaded guilty to two charges of defilement after he was found in the closet of a girl’s bedroom in the middle of the night.
Kevin Edwardo McField entered his pleas last Friday. After hearing details and mitigation, Mr. Justice Alex Henderson put the young man on probation for one year and ordered him to perform 100 hours of community service.
He also imposed a curfew from 11pm to 6am for a year and told him to attend such classes as his probation officer might prescribe.
The judge accepted that the girl was 14 and the relationship was one of boyfriend/ girlfriend.
According to facts set out by the Crown Counsel, the offence was discovered around 2.30 am when the girl’s mother was awakened by dogs barking.
On checking the rear door, she discovered it was unlocked. She then approached her daughter’s room to see if the girl was all right. She saw the girl, without any clothes on, run from the bedroom into a bathroom.
The girl’s father was also checking the house. He saw the defendant come out of the daughter’s closet with his pants in hand. The defendant was restrained until police arrived.
The girl was examined at hospital and fond not to be a virgin. The girl gave a statement indicating she had been sexually intimate with the defendant on at least two occasions, including that night.
Defence Attorney Ben Tonner said McField had cooperated from the beginning and had entered his guilty pleas at the earliest opportunity.
Mr. Tonner described the defendant as a promising footballer who played with the national side.
When the couple was discovered, Mr. Tonner said, the defendant was threatened by the father with a machete. That had been traumatic for him.
McField accepted that the girl was too young and what he did was wrong. Since the incident he had attend probation services and was more than willing to cooperate with any orders.
Mr. Justice Henderson referred to a pre-sentence report on McField and noted that one condition prescribed was ‘counselling in male-female relationships’. The judge wondered where this counselling was carried out.
In passing sentence, he told the defendant that defilement is a serious criminal offence in the Cayman Islands. Many people have gone to jail for significant periods for the same thing.
The judge decided on the sentence he did because of the mitigating factors, including the fact that McField had no previous convictions. But he warned that any breach or further offence would result in McField being sent to jail.
‘She was too young. That’s all you need to know,’ the judge said.
Defilement is carnal knowledge of any girl under the age of 16. It is no defence that the girl consented.