A six-member jury returned three verdicts on Tuesday, finding Marlon Ricardo Porter guilty of rape, assault causing actual bodily harm and causing intentional harassment, alarm and distress.
Porter, 37, was remanded in custody, with Nov. 23 provisionally set for sentencing.
The charges arose from an incident in January, 2016.
The woman’s evidence was that she knew Porter from seeing him around and on that particular night she accepted a ride from him because he offered to take her to a gas station to get some food. Instead of driving to the gas station, however, he took her to a secluded area she did not know and he forced her to have sex against her will. She said they were somewhere near water and he threatened to drown her.
Porter, 37, gave evidence and said what happened was with the woman’s consent. He told the court that she had asked him for $50, which he agreed to give her in exchange for sex. Afterward, he claimed, she asked for more money; a disagreement ensued and he drove off, leaving her at the location. He said he did not know how she received her injuries nor how her clothes got damaged.
Justice Alastair Malcolm summed up the case and instructed the jury on Monday afternoon and sent the jurors out to begin their deliberations. On Tuesday afternoon, when asked if they had reached verdicts on which they all agreed, the foreman said they were unanimous on the assault and harassment charges, but not on the rape charge.
Justice Malcolm explained that sufficient time had passed that he could accept a verdict that was not unanimous. Because one juror had been released after the trial had started and only six remained, the judge said he could accept a 5-1 verdict. He asked them to resume their deliberations.
Within minutes, the three men and three women returned to the courtroom and the foreman gave their guilty verdict on a vote of 5-1 for the rape charge.
Defense attorney Amelia Fosuhene asked for a social inquiry report before sentencing. Crown prosecutor Scott Wainwright asked if the court would want a victim impact statement as well.
On Wednesday, Justice Malcolm confirmed arrangements for sentencing, since he will be back in England after the next few weeks.
Attorney Lee Halliday-Davis, Ms. Fosuhene’s colleague, advised that the defendant had been before the court on a previous charge, at which time a social inquiry report had been prepared that recommended psychiatric and psychological reports. Those reports had not been done, so she was asking for them at this stage. The judge ordered the reports.
The Nov. 23 hearing will be via video link.