Man raped a 14-year-old girl

After pleading not guilty to rape and the alternative charge of defilement, Tyrone Roswell Ebanks chose to be tried by judge alone.  

On Thursday, Justice Michael Mettyear reviewed the evidence he had heard the previous week, found Ebanks guilty of rape and sentenced him to 12 years imprisonment. 

The judge pointed out that the girl was 14 at the time and a virgin. 

She had told the court that she did know Ebanks through family members.  

She said she was riding a bicycle near his house and he called to her to come where he was.  

When she said no and kept on riding, he grabbed her by the collar and dragged her off the bike.  

She started to fight him but he just kept holding on and dragged her to the house. There he pushed her inside, locked the door and took her to the bedroom. 

Knife involved 

The judge summarised that, despite the girl’s resisting and pleas to stop, Ebanks had sex with her.  

At some stage, a knife was involved.  

The judge found that it was not used to commit the offence but to threaten the girl afterwards not to tell anyone what had happened. 

“She very bravely ignored your threat and told others as soon as she reasonably could,” the Justice Mettyear said. He quoted from her victim impact statement, in which she referred to nightmares, depressive moods and feelings of anger. She reported that what happened had affected her in many ways, including her schoolwork. 

“The sympathy of the court goes out to her,” Justice Mettyear said. “One could only hope that the conclusion of this trial will bring closure for her and the start of what may be a healing process. Rape is one of the worst things that can happen to a woman. For this young woman, it may well scar her life.  

That is why a substantial custodial sentence is necessary.” 

The prosection case depended primarily on the girl’s evidence, but it was supported by other witnesses called by Crown Counsel Elisabeth Lees. A friend of the girl’s family testified that she saw the girl come home and it looked like she was crying.  

She went and spoke to the girl, who told her Tyrone had raped her.  

The girl was taken to hospital where a doctor used specific instruments and swabs from an evidence kit to obtain medical samples. 

Ebanks and the girl also provided blood samples so that DNA profiles could be obtained and compared to what was found on her vaginal swab.  

DNA on the swab matched Ebanks’ DNA.  

Forensic analyst Tiffany Roy said the chance that an unrelated person chosen at random from the general population would match was one in every 600 million. 

Ebanks gives evidence 

Ebanks gave evidence and vigorously denied any sexual contact with the girl. He said she stopped and asked to use his phone, then asked for water and then asked to use his bathroom.  

When she came out, she was wearing his shorts and he asked why.  

She told him she had messed herself. Ebanks said he had used the shorts the previous day.  

The suggestion was that there could have been semen on the shorts that could have transferred onto her body. 

Idea rejected 

Justice Mettyear rejected that idea. First, there was no reason to think there was any seminal fluid on the shorts the day of the incident.  

If there had been some the previous day, one would imagine it would have dried. Second, Defence attorney Ben Tonner had asked Ms Roy only general questions about the possibility of transfer, but such questions had to be very fact-specific.  

Third, Ms Lees did deal with the matter in re-examination, when Ms Roy said she would not expect any material from the shorts to transfer onto the area of the girl’s body that had been swabbed. 

Girl’s evidence 

The girl in her evidence explained that after Ebanks threatened her, he got up and went to the bathroom, taking the knife.  

She picked up a pair of his shorts from the floor and put them on because she wouldn’t have enough time to put on her jeans and get out of the house. 

Finally, the girl had described the sheets on the bed as white with a floral design.  

When police went to Ebanks’ home, white sheets with a floral design were in the washing machine.  

Justice Mettyear said Ebanks had tried to destroy evidence and probably succeeded.  

He said Ebanks lied and had shown absolutely no remorse. 

Ms Lees pointed to the aggravating features: the girl’s age, use of force to get her into the house, ejaculation and threats. 

Mr. Tonner emphasised mitigating features: no physical injuries, no other acts of degradation or perversion. While Ebanks was initially in custody, his house was “razed to the ground” and no one was ever charged; he believed that act was related to the charges against him. 

Justice Mettyear noted the local guideline sentence of 10 to 12 years.  

He did not find this a case in which he should go outside those guidelines.  

But given all the facts, plus Ebanks’ record of previous convictions — none for sex offences — said the sentence should be at the top of the range and imposed 12 years. 

Disorderly 

Ebanks, who had remained composed throughout the judgment, became agitated and insulted the judge.  

He claimed he had been set up and used indecent language to the judge directly and to others in the courtroom before he was accompanied from the dock down to the cells.