By Jada Chambers
A man who raped a 15-year-old girl who was afraid to go home because she had been suspended from school has been jailed for his crime.
Selwyn Baxter, who was 43 at the time of the offence, received a 16-year sentence on Monday at the High Court in Kingstown.
A nine-member jury found him guilty of the sexual crime but acquitted him of abduction.
Presenting the facts at sentencing, Justice Rickie Burnett said that on May 9, 2023, after receiving a suspension letter from school, the victim, afraid to face her grandparents, took a van in the opposite direction to her home.
She stopped at a particular area and walked to the beach, where she sat and cried, wondering what to do.
After dusk, the girl went into the yard of a health facility to attempt to speak to someone, but no one was there.
She sat against a wall and cried again. She took a chair, placed it in a corner, and sat in a lit area.
She placed her head on her bag, cried and fell asleep.
Meanwhile, the girl’s grandmother became concerned when she saw that the girl’s brother had arrived home and there was no sign of her.
The grandmother called the teenager’s mother, and they searched for her on the roadside and around her school.
They reported the matter to the police.
Meanwhile, the girl woke up outside the health centre and realised that her phone battery was at 1%.
She tried dialling 911, cried, then went back to sleep. Some time after midnight, the teenager was awakened by a touch on her shoulder.
Baxter was standing behind her. He invited her to his home and promised to feed her and reassured her that he wouldn’t hurt her.
Trusting Baxter, the teen followed him to his home.
She was cold and tired and sat on his porch. He brought her some food and tea.
The girl did not like the taste, so she did not eat the food. She noticed that his home was unfurnished and that there was a sheet and pillow on the floor.
Baxter told her to lie down and he left. The teenager disposed of the food and lay down.
When she heard Baxter leave, the girl tried to escape, but the door was locked. She went back to lie down.
Baxter, who had been smoking, lay down next to the girl, rubbed her breasts and buttocks and began kissing her.
Baxter pulled down the child’s tights and panties and raped her, ejaculating on her buttocks. He then went on the porch.
She cried, then began leaving. Baxter asked her where she was going, then told the child that he had a sister who lives overseas and would ask her to send some items for her.
The child went to a police station but did not see anyone. A police vehicle then met her, and she told the officers what had happened.
The officers took the child to the clinic and investigated the matter. They arrested Baxter and visited the crime scene.
In the victim impact statement, quoted by Justice Burnett at the sentencing, the teenager said she felt hopeless, frustrated and vulnerable when she met Baxter.
She described the night as the worst t of her life, adding that she felt disgusted with her own body. She feared contracting a sexually transmitted infection and said that incident has affected her mood.
A social inquiry report revealed that Baxter, a gardener, has no children. He was described as a peaceful, law-abiding member of his community.
Both his family and his community were surprised when they heard of his crime, as he was never known to be involved in these kinds of acts.
Baxter maintained his innocence despite the jury’s verdict.
The maximum sentence is life imprisonment, a notional sentence of 30 years.
Justice Burnett considered that the teenager suffered serious psychological harm and significant degradation.
He also considered that there was a high abuse of trust and a 28-year age difference between Baxter and his victim.
Burnett began with a sentence of 15 years, which is 50% of the maximum sentence.
Aggravating factors of the offence are that the offence was committed at night, there was ejaculation, premeditation, and there is a prevalence of these offences.
A mitigating factor was that there was no violence beyond what was inherent in the offence.
The judge concluded that the aggravating factors outweighed the mitigating. He, therefore, added three years to the sentence, taking it to 18 years in prison.
There were no aggravating factors of the offender. The mitigating factor was his good character.
The mitigating factors of the offender outweighed the aggravating factors, so two years were deducted from the sentence, bringing it to 16 years in prison.
After the one year, five months and 13 days that Baxter had spent on remand was deducted, he was left with a further 14 years, six months and 17 days in prison.
He was also ordered to undergo four years of counselling.
During the proceedings, Baxter attempted to interject, but Justice Burnett did not allow him to speak.
After the final sentence was delivered, Baxter asked if he could say something.
Justice Burnett informed him that his job in relation to Baxter was finished and that he had sentenced him.
The judge advised Baxter to take any further concerns directly to the Court of Appeal.