By Alric Lindsay
In the Grand Court today, January 10, 2025, a man pleaded not guilty to seven counts of allegations of indecent assault against a child under 16 years old, being 13 or 14 at the time of the alleged offences. The man will now face trial in May 2025.
The allegations
Regarding the allegations, the first count is that, in George Town, on a date unknown between August 16, 2021, and August 16, 2022, the man indecently assaulted a 13-year-old girl by touching her breast.
On the second count, it was alleged that, in George Town, on a date unknown between August 16, 2021 and August 16, 2022, the man indecently assaulted a 13-year-old girl by touching and sucking her breast.
On the third count, it was alleged that, in George Town, on a date unknown, between August 16, 2021, and August 16, 2022, for the purpose of obtaining sexual gratification, the man intentionally and without consent, penetrated the vagina of the 13-year-old girl with his finger.
On the fourth count, it was alleged that, in George Town, on a date unknown, between January 1, 2022, and December 31, 2022, the man indecently assaulted the 13-year-old by touching and sucking her breast.
On the fifth count, it was alleged that, in George Town, on a date unknown between August 16, 2022, and August 16, 2023, for the purpose of obtaining sexual gratification, the man intentionally and without consent penetrated the vagina of the 13-year-old with his finger.
On the sixth count, it was alleged that, in Bodden Town, on a date unknown, between August 1, 2023, and August 16, 2023, the man indecently assaulted the same girl, then 14 years old, by touching and sucking her breast.
On the seventh count, it was alleged that, in Bodden Town, on a date unknown, between August 1, 2023, and August 16, 2023, for the purpose of obtaining sexual gratification, the man intentionally and without consent penetrated the vagina of the 13-year-old with his finger.
After pleading not guilty to all counts, the man’s bail was extended, subject to several conditions. He will return for trial in May 2025.
Note to readers:
Justice Richards continued an order that the man’s name must not be published. In addition, as per usual rules, nothing can be published that would directly or indirectly identify the child.
Regarding the allegation of indecent assault, this is covered by Section 132 of the Penal Code. At the relevant time, this was stated as follows:
Indecent assaults
132. (1) It is an offence for a person to make an indecent assault on a woman.
(2) A girl under the age of sixteen cannot in law give any consent which would prevent an act being an assault for the purposes of this section.
(5) A person who commits an offence under this section is liable on conviction on indictment to imprisonment for ten years
The allegation of penetration is covered by section 132A of the Penal Code. At the relevant time, this stated:
Assault by penetration
132A. (1) Subject to subsection (2), a person, (A) who, for the purpose of obtaining sexual gratification intentionally and without consent, penetrates (whether orally, vaginally or anally) another person (B), with an object or with any part of A’s body, commits an offence and is liable on (a) summary conviction; or (b) conviction on indictment, to imprisonment for a term of ten years.
(2) A child under the age of sixteen cannot consent to a penetration under this section.
