St James man acquitted of rape and indecent assault charges
MONTEGO BAY, St James — A 63-year-old man was acquitted of two sexual offences in the St James Circuit Court last Wednesday after the jury returned a verdict of not guilty.
Roy Clarke, of a St James address, was acquitted of rape and indecent assault, bringing to an end a six-day trial that began on January 21. The charges stemmed from allegations that Clarke sexually assaulted a nine-year-old girl.
During the trial the indictment for the indecent assault charge was amended — from a date of between July 1 and July 31, 2024 — to reflect that the alleged incidents occurred between January 1 and July 31, 2024. That incident allegedly took place at the complainant’s uncle’s house.
Regarding the rape charge, the incident was alleged to have taken place on a date between July 1 and July 31, 2024, at the defendant’s residence.
The court heard evidence from the complainant, her mother, the investigating officer, and a medical doctor.
At the close of the prosecution’s case, Clarke gave an unsworn statement from the dock, denying the allegations against him.
In its address to the jury the prosecution urged jurors to find Clarke guilty, arguing that the allegations had been proven beyond a reasonable doubt.
But defence attorney Noel Butler urged the jury to reject the prosecution’s case, asserting that it had not been proven.
“The jury met the complainant just five days ago, and she had lied to them in her evidence. She lied to her grandmother, who has known her all her life, as well as to her sister,” Butler said.
High Court judge Justice Andrea Pettigrew-Collins, who presided over the trial, explained the law and summarised each witness’s evidence to the jurors. She advised that they were entitled to return a verdict of guilty if they believed the evidence, or not guilty if they did not. She also explained that they could find Clarke guilty on one count and not guilty on the other.
Additionally, she outlined the alternative charge of rape — defined as having sexual intercourse with a person under the age of 16 — and instructed the jury that they could return a verdict on that offence if applicable.
At the conclusion of the trial, the jury retired and returned a unanimous verdict of not guilty on the charges of indecent assault, rape, and the alternative charge of rape.
