Page 83 - Magistrates Conference 2019

SITUATION 4:

47 THE STATE v CHAD DOUGLAS

For Sexual Intercourse with a Female under the age of 14

The accused has sought a maximum sentence indication

In July, 2014, the virtual complainant (AR), who was then aged 13, lived at Santa Rosa with her mother, father and older brother.

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On the 21 July, 2014, at around 7:00 a.m., AR was at home with her brother when his friend, the accused, Chad Douglas visited him. AR’s had already left for work by then. AR had known
Douglas before as he would frequently visit her brother at their home. AR’s brother and Douglas then left the house to go to a nearby shop. Shortly after, AR observed Douglas outside the house
in the vicinity of her bedroom. AR was getting ready for school and was dressed only in a towel having just returned from the bathroom. Douglas entered her bedroom, and asked her to have sex
with him. He told her to remove the towel and she refused. Douglas then walked up to AR and tried to remove the towel but she prevented him from doing so. AR began screaming and shouted
for help from her brother but he had not returned home. Douglas then placed both his hands around AR’s neck and started choking her. He pushed her on her bed and removed her towel.
Douglas then forcibly had sexual intercourse with her and left the room. As a result, AR started bleeding from her vagina. After cleaning herself up, she continued getting ready and then left for
school. She reported the incident to her teacher who then contacted the Santa Rosa Police Station. AR was then taken to the hospital where she was examined by a doctor who prepared a
medical report on her behalf. The medical examination revealed that AR had a recently ruptured hymen, swelling to the introitus (entrance) of the vagina and tenderness at the back of her neck.

The police officers, after investigating the report, arrested Douglas. He was subsequently charged with the offence of having sexual intercourse with a female under 14 years. He was granted bail
after spending a night in custody. Douglas was eighteen years old at the time and had just graduated from Secondary School. He had no previous convictions and no pending matters before the
Court.

In recent times, there had been an upsurge in violence and sexual offences against women, both young and old, in the jurisdiction in which the offence occurred. In that jurisdiction, the maximum
penalty for the offence of having sexual intercourse with a female under fourteen years is imprisonment for life.

The prosecution has no objections to the MSI being given. Defence Counsel has indicated to the Judge that he intends to call some of Douglas’s former teachers to give testimonials on his behalf
to the effect that he had an exemplary and unblemished record at school.