Construction worker jailed 10 years for raping 15-Y-O girl

A 46-year-old construction worker was on Friday sentenced to 10 years’ imprisonment for raping a 15-year-old girl in Achawib Village, South Rupununi, Region Nine (Upper Takatu-Upper Essequibo).

The sentence was imposed by Justice Priscilla Chandra-Hanif at the High Court in Suddie during the Essequibo Assizes in the matter of The State v. Asif Mohamed Abrahim, who had pleaded guilty to the offence of rape of a child under sixteen years, contrary to Section 10(3) of the Sexual Offences Act.

Abrahim had previously been convicted at the Leonora Magistrates’ Court for trafficking the same child and was sentenced to 48 months’ imprisonment.

According to the Statement of Agreed Facts, the complainant, who was 15 at the time, lived with her parents in Achawib Village. Abrahim, then 43, was part of a construction team contracted by the Village Council to build a health centre in the community.

On October 28, 2023, the teen was introduced to the accused at a birthday party at her parents’ home. The relationship developed and, on November 3, 2023, the accused engaged in sexual intercourse with the child at her parents’ residence.

During an audio and video interview conducted at CID Headquarters, the accused admitted to having sexual intercourse with the complainant. When cautioned by police, he reportedly said, “(the teen) is me wife and her parents give me permission to be with her.”

The complainant was escorted to the Georgetown Public Hospital on January 19, 2024, where a medical examination revealed “ecchymosis to both lower extremities above the knee region.”

Victim impact statements were tendered from the child’s parents and community leaders.

The Toshao of Achawib Village, Wenceslaus Albert, stated that Abrahim “went against the village council decision, where we said to him that it was against the law and that he should not involve himself with an underage girl.”

He said the accused “took her from the home of her parents to Georgetown without the consent of the village council,” adding that the incident affected the entire community and caused emotional and social distress.

The child’s mother told the Court that since her daughter left home, the family has endured “significant emotional distress,” while her father said the family has experienced “deep emotional pain and suffering.”

The complainant, now 17 and in the care of the ministry, told the Court she has struggled emotionally and academically since the incident. She said she finds it difficult to focus on her studies and still experiences painful memories.

“I started to feel depressed most of the time since I had no one to tell what I was going through,” she said in her statement. She added, “I think Asif should be punished for what he did to me. If he’s not, he will do it to another young girl.”

Familial encouragement

In mitigation, defence attorney Tonza A. Sarrabo told the Court that the accused had pleaded guilty and had conducted himself in a compliant manner while incarcerated at Lusignan Prison. A conduct report stated that he attracted no disciplinary infractions and indicated willingness to participate in rehabilitative programmes.

The defence acknowledged that the complainant was under sixteen and legally incapable of consenting, and did not seek to minimise the seriousness of the offence. Counsel urged the Court to consider a sentence toward the lower end of the appropriate range, coupled with psychological intervention.

The defence also submitted that the accused believed at the time that his conduct was acceptable because of familial encouragement, but accepted that such a belief reflected “a morally and socially deficient insight.”

The State, which was represented by State Counsel Caressa Henry, argued that the offence was serious and aggravating factors should apply, including the prior trafficking conviction arising from the same course of conduct.

The prosecution submitted that the offence struck “at the very core of the protection owed to the most vulnerable members of our society” and called for a sentence reflecting denunciation and deterrence, particularly in vulnerable indigenous communities.

The State further argued that the accused exploited his position as a contractor working within the village to gain access to the child, thereby breaching community trust.
In delivering the sentence, Justice Chandra-Hanif made it clear that parental or community approval could not override the law.

“Matters not if the parents give permission, community leaders approved… etc.,” the Judge stated. “No culture, tradition, or community practice can override protection afforded to children.”

The Court emphasised that the complainant was 15 years old and legally a child, and that the accused, as an adult, bore the responsibility to refrain from engaging in sexual activity with a minor.

“The girl was 15. Legally, she is a child. The accused was an adult and bears the responsibility to refrain from sexual act with a minor,” the Judge stated.

The Court sentenced Abrahim to 10 years’ imprisonment, to be served concurrently, with credit for time spent on remand, if applicable.