Bail denied on rape, abduction charges

A George Town man, 45, was remanded in custody on Monday after appearing in Summary Court on charges of rape, abduction, assault causing actual bodily harm and making threats to kill.

Senior Crown counsel Candia James said the woman who reported the matter was the mother of one of the man’s children. The incident leading to the charges occurred on April 3.

The Cayman Compass is not naming the defendant as this may lead to the identification of the complainant.

Ms. James said the allegations were that the man took the woman to a certain place by force, punched her several times and threatened to kill her because she did not want to have sexual intercourse with him. He then forced himself on her and raped her. Afterward, he threatened to take her out in a boat and kill her if she told, Mr. James said.

Magistrate Valdis Foldats asked if there were photos of the injuries and he was told yes.

The defendant told police officers that intercourse was by consent, that she had offered sex in exchange for money. After the incident, he dropped her off to pick up their child, Mr. James said.

The woman made a report of the incident the same night to a friend, who took her to hospital and to the police, the court heard.

Ms. James pointed out that the defendant was on a suspended sentence.

Defense attorney Dennis Brady applied for bail. He said the defendant was at a bar when he was approached by the woman and a friend, who engaged him in conversation. There was socializing, drinking and dancing.

Mr. Brady said the woman traveled with the defendant willingly; the injuries occurred when the issue of money came up after the physical intimacy. The woman made a certain suggestion and the defendant told her he had never paid for sex in his life.

Mr. Brady said his client told him his wallet had been “stealthily moved” and he used force to get his wallet back.

The magistrate asked if there would have been CCTV at the bar and was told there probably was. He asked if the defendant had given his explanation when police had interviewed him. An officer present advised that the comment had been made after the interview.

Mr. Brady added that the defendant was in a relationship with another woman and “Hell hath no fury like a woman scorned,” he said. The defendant was off-island when he heard about the report made against him and he came back to deal with it, the attorney pointed out.

The magistrate said he was denying bail at this time because the defendant had admitted the assault, even though it was in different circumstances from what the complainant had reported. He pointed out that the defendant was supposed to have abided by certain rules while he was on a suspended sentence but had not done so. For that reason, there were no conditions of bail he could impose that would meet the Crown’s objections to bail.

Because abduction and rape are charges that can be dealt with only in the Grand Court, Magistrate Foldats transmitted the case to the higher court for mention on Friday, April 21.

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