A 42-year-old man from Maracas/St Joseph, who admitted to the rape and grievous sexual assault of a 14-year-old girl, has been released from prison after completing his sentences for the crimes whilst still awaiting trial.
Roger “Cheroke” Hernandez pleaded guilty to the offences last Friday but was only sentenced by High Court Judge Lisa Ramsumair-Hinds yesterday afternoon.
According to the evidence presented by prosecutors, which Hernandez accepted, the attack on the teen occurred on July 8, 2005.
The victim, a Form Two student from Valencia, was working at a shoe store in Arima during her school holidays when she met a then 25-year-old Hernandez, who was working nearby.
The victim claimed that on the date of the attack, she left work to meet a group of friends when Hernandez asked her to join him for a drink at a bar.
While at the bar, Hernandez took the girl to an upstairs bedroom, where he raped her and forced her to perform oral sex on him after threatening her. She was then allowed to leave.
The victim reported the incident to police over a week later, as she claimed that she was scared.
In deciding on the appropriate sentences for Hernandez, Justice Ramsumair-Hinds began with starting sentences of 12 years for rape and eight years for grievous sexual assault.
Justice Ramsumair-Hinds declined to reduce the starting points based on a mitigation plea from his attorney Adelia Jordan, of the Public Defender’s Department.
In her submissions, Jordan claimed that her client had a troubled background, as he was raised by his sister and only rekindled his relationship with his mother when he was 15 years old. She said he was remorseful and was willing to apologise to the victim for what he did.
After applying a one-third discount for his guilty pleas and deducting the time he spent on remand awaiting trial, Justice Ramsumair-Hinds ruled that he had served several months in excess of his sentences and should be freed.
As part of her sentence, Justice Ramsumair-Hinds ordered that he report to his nearest police station twice annually for the next four years.
She explained that under the process, police officers are allowed to take his photograph, fingerprints and a non-intimate DNA sample without his consent.
She also issued an order directing that Hernandez be placed on the public sex offender website.
The case was prosecuted by Ravita Persad-Maharaj.