Derek Achong
Senior Reporter
derek.achong@guardian.co.tt
A man who admitted to raping his common-law wife in 2018 has been sentenced to almost seven years in prison.
The man, whose identity was withheld to protect the victim, pleaded guilty to the offence in late April but was sentenced by Justice Lisa Ramsumair-Hinds on Tuesday afternoon.
In deciding the appropriate sentence for the man, Justice Ramsumair-Hinds noted that while martial or spousal rape is not criminalised in some foreign jurisdictions, it is explicitly prohibited under local laws.
“I am of the view that there is a need to send a message of deterrence not only to this offender but to others in society,” she said.
“It is to all those who still can’t appreciate that you cannot force anyone to have sex even if there was previous consent.”
Justice Ramsumair-Hinds began with a starting sentence of 15 years in prison and gave a two-year discount based on the man’s remorse and his capacity for reintegration into society.
While accused persons who plead guilty and avoid a trial are usually afforded a one-third discount on their sentences, Justice Ramsumair-Hinds opted to use her discretion to apply a 40 per cent discount.
“There is a need to incentivise early guilty pleas,” she said.
The man is expected to be released after serving three years, seven months and 22 days in prison as the time he spent in prison after his bail was revoked was also deducted from his sentence.
He was accused of attacking the victim at their apartment in Penal in March 2018.
The attack occurred after the victim sought to intervene when he came home drunk and had an argument with their landlord over rent arrears. The couple had an argument during which he threatened to kill her. She contacted the police, who came to their apartment and warned him.
Shortly after the police officers left, the man demanded that she have sex with him.
The woman, who has two children with the man, refused as she reminded him that she was recovering from surgery on her abdomen. He then pushed her on a mattress and raped her.
Police officers returned to the location and arrested the man.
In a statement to the police after his arrest, the man admitted he was intoxicated but claimed the sex was consensual.
As part of the sentencing, prosecutor Charmaine Samuel presented a statement from the victim in which she claimed her life improved drastically when her former partner’s bail was revoked months after he was charged.
“Things have changed for the better. I am less stressed and feel much better that there is no more abuse,” she said.
The man was then allowed to apologise.
“I am deeply deeply sorry for my actions in hurting that important person in my life. I am sincerely sorry,” he said, as he claimed that he would strive to be a better father upon his release.
As part of his sentence, Justice Ramsumair-Hinds ordered that the man be placed on the national sex offenders’ registry. She also granted a protection order to the victim, which she said could be varied or stayed if the couple chose to reconcile.
“The victim might be in greater need of protection if he is to recidivate. Martial rape is part of the syndrome of abuse rather than an isolated event,” she said.
The man was represented by Ayanna Norville, of the Public Defenders’ Department. Gilliana Guy appeared alongside Samuel for the State.