A then-18-year-old who buggered a 17-year-old special needs girl who has the intellectual ability of a Grade 1 student after attempting to rape her will spend a further four years and two months in prison.
It is the longest of the three sentences handed down on Kevin Durrant, 22, of Redemption Sharpes, by Justice Rickie Burnett at High Court No. 2, in Kingstown on Dec. 19.
In February, after four witnesses had testified in his trial, Durrant pleaded guilty to charges that on March 1, 2021, at Redemption Sharpes, he abducted, buggered and attempted to rape the virtual complainant (VC).
In St. Vincent and the Grenadines, non-consensual anal intercourse is considered buggery — rather than rape — and attracts a maximum sentence of 10 years in prison.
Only non-consensual vaginal intercourse is classified as rape, which attracts a maximum sentence of life imprisonment, a notional sentence of 30 years.
The defendant, a bus conductor, had pleaded not guilty during his arraignment on Sept. 20, 2022, and his trial began on Feb. 23, 2024.
At the start of the trial, defence counsel Carl Williams recused himself from the matter but remained in court to cross examine the virtual complainant, under the special measures arrangements.
Durrant did not cross examine any of the witnesses, including the virtual complainant’s neighbour, headteacher and a medical officer.
However, after some discussion between Williams, the prosecutor Crown Counsel Richie Maitland and Durrant, the accused man asked that the charges be put to him again and he pleaded guilty.
However, on May 5, when the sentencing should have taken place, Durrant’s new lawyer, Grant Connell, asked the court to vacate the guilty plea.
Connell told the court that he was trying to get a psychiatric report on Durrant.
Maitland, however, argued strongly against vacating the guilty plea, saying the law only allows for this to be done in rare circumstances.
After hearings in the matter, Durrant maintained his guilty plea and the sentencing took place on Dec. 19, with Connell representing.
In his sentencing remarks, Justice Burnett said the VC was a 17-year-old girl with an intellectual disability that saw her functioning at the level of a Grade 1 child.
On March 1, 2021, she was walking in Redemption Sharpes when Durrant approached her from behind and asked her for sex.
The VC declined and he continued to walk behind her. On reaching an abandoned house, Durrant grabbed the VC and pulled into the building.
She attempted to pull away, screamed and cried but Durrant pulled off her clothes and attempted to rape her.
He did not succeed and the VC attempted to push him away. However, Durrant turned her around and buggered her.
The matter was reported and the charges laid.
A social inquiry report said that Durrant lived with his maternal aunt. His mother is speech and hearing impaired, and his father is absent from his life.
His highest level of education was primary school level and his family described him as quiet and mannerly, which was also the view of his community.
He had been a resident of Liberty Lodge Boys Training Centre, an institution for at-risk or troubled youth, where he was counselled, which impacted his behaviour positively.
A psychiatric report said he was not known to the Mental Health Rehabilitation Centre and was never admitted there.
The report said that Durrant’s memory appears to be intact; his sight and judgement were good and he denied being mentally impaired.
He showed no sign of mental illness.
The report said the VC said she felt scared and frightened of Durrant being released because she was afraid that he would assault her again.
Her relatives said she became withdrawn after the assault.
On the attempted rape charge, the judge established a starting sentence of 25% of the maximum of 30 years.
Aggravating of the offence was the victim of vulnerability in that despite being 17 years old, she was functioning at Grade 1.
Mitigating of the offence was that there was no violence except that inherent in the offence and there was no planning or premeditation.
The court held that the aggravating features of the offence outweighed the mitigating and increased the sentence by six months.
The court found no aggravating features of the offence and found that Durrant’s youth and lack of maturity and remorse were mitigating features.
The judge held that the mitigating features outweighed the aggravating ones and reduced the sentence by four years.
For the guilty plea, the judge deducted a further 1.5 years before subtracting the 10 months and nine days that Durrant had spent on remand.
This left Durrant with a sentence of four years, one month and 21 days.
On the buggery charge, the judge noted that there are no guidelines for sentencing for this offence and used those for rape as the offences occurred under the same facts and circumstances.
He established a starting point of 50% of the maximum 10 years.
After considering the aggravating and mitigating factors, the discount for the guilty plea and subtracting the time on remand, the court arrived at a sentence of one year and 21 days.
On the abduction charge, Durrant was left with a final sentence of one month and 21 days.
The sentences will run concurrently.
Some of these laws need to be changed, why is buggery different other types of rape? You mean to tell me if a man is rape by another man, the sentence will be less severe than if he raped a woman.