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Convicted sex offender jailed for assaulting six-year-old girl

by

#meta[ag-author]
Derek Achong
20230125213249
20230125
Justice Gail Gonzales

Justice Gail Gonzales

ABRAHAM DIAZ

Derek Achong

A 62-year-old Mor­vant man who ad­mit­ted to sex­u­al­ly as­sault­ing a six-year-old girl six months af­ter he com­plet­ed a prison sen­tence for a sim­i­lar at­tack on an­oth­er child, is set to be re­leased from prison in less than a year.

Ger­ard Dow­ers, of Sec­ond Cale­do­nia, plead­ed guilty to griev­ous sex­u­al as­sault late last year and was sen­tenced to sev­en years and ten months in prison by High Court Judge Gail Gon­za­les yes­ter­day morn­ing. How­ev­er, Dow­ers will be re­leased af­ter serv­ing nine months and 20 days in prison as the six years, ten months and ten days he spent on re­mand be­fore get­ting bail and af­ter he plead­ed guilty to the of­fence was de­duct­ed from his sen­tence.

Ac­cord­ing to the ev­i­dence in the case, re­count­ed by Jus­tice Gon­za­les in sen­tenc­ing Dow­ers, the at­tack on the child oc­curred on an un­known date be­tween Jan­u­ary 3 and 14, 2012, when the child’s moth­er, who he was in a re­la­tion­ship with, was in the hos­pi­tal.

Dow­ers took the child in­to her moth­er’s bed­room and un­dressed her be­fore forc­ing her to per­form oral sex on him. He then per­formed oral sex on her.

The child re­port­ed the in­ci­dent to her moth­er, who made a re­port to the po­lice. Dow­ers was ar­rest­ed sev­er­al months lat­er and charged.

At the start of the hear­ing, Jus­tice Gon­za­les asked Dow­ers whether he want­ed to main­tain his guilty plea as she point­ed out that he de­nied any wrong­do­ing when he was in­ter­viewed by a pro­ba­tion of­fi­cer and a psy­chi­a­trist late last year. Dow­ers claimed that he lied in the in­ter­views as he was ashamed of what he had done.

“I am sor­ry for that. I am not per­fect in every­thing I talk about. Sor­ry, I put the court through this,” he said.

In de­cid­ing on the ap­pro­pri­ate sen­tence for Dow­ers, Jus­tice Gon­za­les not­ed that the max­i­mum sen­tence for the of­fence (life im­pris­on­ment) was not ap­pro­pri­ate in the cir­cum­stances of the case. She be­gan with a start­ing sen­tence of 12 years but in­creased it by a year as she not­ed the age of the vic­tim, and that Dow­ers at­tacked her af­ter com­plet­ing his prison term for a sim­i­lar at­tack on an­oth­er mi­nor.

Based on the fact that Dow­ers did not com­mit a third at­tack or any oth­er crime af­ter 2012, she opt­ed to re­duce the sen­tence by 18 months. Jus­tice Gon­za­les then ap­plied a one-third dis­count for Dow­ers’ guilty plea.

As part of her sen­tence, Jus­tice Gon­za­les or­dered that he reg­is­ter as a sex of­fend­er with­in sev­en days of his re­lease from prison and re­port to the po­lice every three months for 18 months.

She al­so or­dered that his in­for­ma­tion be placed on the on­line sex of­fend­ers’ reg­is­ter by the Com­mis­sion­er of Po­lice.

“The rea­son I am do­ing this is that chil­dren need to be pro­tect­ed and par­ents must know who are liv­ing in their com­mu­ni­ties,” she said.


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