12 years for attempted rape

“Attempted rape is one of the most serious offences which can be committed against a woman,” Justice Wanda Blair declared when the culprit reappeared in the No. 4A Supreme Court yesterday.

“It is used to physically subdue and violate the woman and utterly degrade her. It is cruel and humiliating since the woman is completely helpless and at the mercy of her attacker. This often results in physical, emotional and psychological harm to the victim, sometimes for life.

“Although your attempt to rape the complainant was interrupted by a Good Samaritan, you had succeeded in indecently assaulting her. Your actions have left the complainant mentally and psychologically scarred to the extent that she has withdrawn from society, to the extent where she is reduced to just watching television and she has become non-verbal,” Justice Blair noted.

The judge said the victim’s brother “feels that she has given up on life. This is more devastating, since prior to this incident she was a very active person, who obviously loved life and she is only 57 years old.

“This court is extremely disappointed that apparently the complainant has not benefited from professional counselling and is not receiving all the medical care which she desperately needs. Her current condition appears to be directly linked to her failure to receive the care which should be readily available to every sexual assault victim in this country,” the judge said as she ordered that the complainant receive professional counselling.

Medication

Jason Jamar Newton, a vagrant, had pleaded guilty to attempted sexual intercourse with a woman, as well as indecent assault of the same woman, on March 8, 2020.

Principal State Counsel Joyann Catwell prosecuted while Newton represented himself.

“The court finds that your attack on the complainant in a public place showed a wanton disregard for the complainant and other members of the public as a particularly aggravating factor,” Justice Blair told him.

She said she had considered Sections 35 to 41 of the Penal System Reform Act and determined that Newton’s offences were so serious, custodial sentences were merited.

“This court is concerned that you cannot be relied on to voluntarily take your medication. In addition, your family cannot commit to assisting you in taking your medications and they fear for your safety and that of others if you are released from custody. Dr [Brian] MacLachlan is also concerned that you are a danger to society, when you are not on medication. Therefore, it appears that you, as well as the community, will be best served if you remain in custody, not only for your safety, but as well as that of the community, especially women in the society.”

The judge said she had considered the aggravating and mitigating factors and determined that 12 years was an appropriate starting sentence for the attempted rape, and four years for the indecent assault.

She then deducted one-third for the guilty plea, as well as the four years, nine months he spent on remand, and ordered him to serve the remaining three years, three months for the attempted rape.

Justice Blair further told Newton she had deducted one-third from the four-year starting point for indecent assault. She then deducted the four years, nine months he spent on remand.

However, she said since the time on remand exceeded his sentence, she determined he had served his time for indecent assault.

Newton was ordered to attend drug treatment and counselling while in prison.

The court had heard the complainant was on Broad Street, heading to church, when her attacker approached and pushed her, causing her to fall on her back.

He indecently assaulted and then attempted to rape her.

A man, who the complainant had seen earlier sitting on a bench, approached him and told him to leave the woman. Newton then ran and the man took the complainant to the police station. (HLE)