HIV-positive St Vincent man jailed for raping nine year-old girl
KINGSTOWN, St Vincent (CMC) – A High Court judge has sentenced a 46-year-old St Vincent man , who knew he was HIV positive when he raped a nine-year-old girl in March 2018, to more than 22 years in jail on Friday.
Justice Brian Cottle imposed the 22 year and 10 months jail term on Cassell Lavia after a jury on May 6, had returned unanimous guilty verdicts on one count of unlawful sexual intercourse and two counts of indecent assault of the child.
The judge sentenced Lavia to two years and four months on each count of the indecent assault charges, but ordered that they run concurrent to the longer sentence.
The High Court heard that on March 7, 2018, the child was on her way to the bathroom at her home, when Lavia grabbed her from behind while wearing only his boxer shorts and pressed the lower part of his body against her and started to gyrate.
Lavia stopped when another child knocked at the door. But the following day, the girl’s mother, who trusted the convicted man, went to seek medical attention and Lavia went into the child’s bedroom when she was taking off her school uniform.
He started to have sexual intercourse with the child and only stopped when another child came into the room.
Later that same night, the Court heard Lavia kissed the girl on her lips and sucked her breasts and continued to sexually molest her. The next morning, Lavia told the girl not to report the matter to her mother.
But she informed her father and her class teacher, who then reported the matter to the principal and the police.
During his interrogation, Lavia admitted interfering with the child, but said that he had not penetrated her. He told investigators that he knew he was unwell and did not wish to infect the child with his illness.
A doctor, who examined the child, reported no evidence of internal trauma to her private parts, but noticed that her hymen was missing and said this could be as a result of the child being poked with an object.
In mitigation, Lavia, who did not have a lawyer, told the court that he was sorry and apologised for his actions.
“I do not know what you gonna sentence me or how many years you are gonna give me imprisonment,” he said.
The judge, in handing down the sentence, said he noted that Lavia did not benefit from a secondary education and had been working as a landscaper and gardener.
He said unlawful sexual intercourse with a girl under the age of 13 carries a maximum penalty of life imprisonment and that the crime committed on the nine-year-old child is a category one, or exceptional, offence.
The judge said that the child’s parents had trusted Lavia to treat her as if she were his own and that the accused had taken steps to prevent the girl from reporting the crime.
Justice Cottle said Lavia is infected “with a serious sexually transmitted disease” and that the victim impact report indicated that he knew that he was HIV positive at the time of his crimes.