A boy who pleaded guilty to rape was sentenced to 200 hours of community service and two years probation after a recent hearing in Grand Court. The boy was 13 at the time of the offence; the girl was 16.
Defence Attorney John Furniss accepted that the act became rape when the girl said stop but the boy continued.
There was some disagreement as to how the whole incident started, but Crown Counsel Tonya Lobban said the girl and her parent decided to consent to the boy’s basis of plea if he pleaded guilty.
The plea ended the need for a trial and the girl did not have to give evidence.
Ms Lobban said the boy and girl knew each other socially.
She said the girl returned home after school, then left to visit friends. Afterwards she decided to take a walk. It was around 6pm.
The boy joined her while she was walking and he indicated that he liked her. He told her he wished to have sex with her.
The Crown’s statement of facts is that the girl disagreed, a struggle ensued and he had sexual intercourse with her for one minute.
Justice Alexander Henderson observed that the written basis of the boy’s plea was that after he expressed the wish to have sex with her, she asked him if he wanted to try it and intercourse commenced.
Ms Lobban said the court could accept the plea on the basis that when the girl said no the boy nevertheless continued.
She added that the girl was dishevelled and in tears afterwards. She phoned a female family friend who came and got her and took her to her mother.
The girl was then taken to the police and the hospital, where a doctor examined her and found bruises and abrasions.
Mr. Furniss said the boy regretted what had happened and the experience of coming to court had been traumatic.
The boy’s parent had made sure he realised the seriousness of what had taken place. He had subjects he was particularly interested in at school and was somebody with a future, Mr. Furniss said.
Justice Henderson accepted that it would be inappropriate to impose a custodial sentence, given the age of the defendant and the circumstances of the case. He also noted the boy’s lack of history in the court system and his guilty plea, which indicated a certain acceptance of wrongdoing.
He said conditions of probation included keeping the peace and being of good behaviour, appearing before the court as required, obeying the probation officer’s directions and not being in possession of any weapon, alcohol or illegal drug.