A 27-year-old man of Guyanese descent was acquitted of the rape & sexual assault of a 12-year-old girl. L.M. had been accused of "multiple immoral acts, including penetration of the child's body and kissing her on the mouth," said the verdict.
The child had claimed that she had had intercourse with the adult on 4 separate occasions.
The witnessed claimed in her statement,that she had been present all four times the accused had intercourse with the girl, and further stated that a partner exchange had taken place, something that was contradicted by the girl, who also stated that the witness was not present on the other three occasions. The witness could not give a satisfactory explanation for the discrepancy between the statements.
The judge ruled that there were too many discrepancies between the statements of the victim and the witness for the intercourse to be proven.
With regard to the separate offence of sexual assault, where the accused was alleged to have kissed the child on her mouth, it was found to be proven that he had indeed kissed her on the mouth on her 12th birthday, as evidenced by both her parents, who were present.
However, as the accused had only been charged with offences taking place between December 2011 and September 2012, and the incident that the parents bore witness to took place five months before this period, the judge had no option, but to acquit the accused of this charge as well.
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