A 50-year-old man already serving a 30-year jail term for engaging in sexual activity with a child, was on Tuesday afternoon, jailed for 30 more years for a similar offence. Esan Germaine, a father of three, was found guilty of three counts of engaging in sexual activity with a child by a jury.
He went on trial for the offence in February before Justice Priya Sewnarine-Beharry at the Sexual Offences Court in the county of Demerara. He sexually abused the 15-year-old girl between January and July 2014 at a location in the county of Demerara.
The nature of the offence is that he sexual penetrated the girl three times: once in the bathroom, another time on a bed with a sleeping two-year-old boy, and on the third occasion, on an unfinished cupboard. He also kissed her on her lips and sucked her breasts.
The girl later confided in her mother who reported the matter to the Police. In his defence, Germaine had denied raping the girl whom he had described as an “unmannerly child”.
The rapist had told the court that he was trying to rehabilitate her by beating her, sending her to church for counselling, and putting strict measures in place.
During a sentencing hearing Tuesday afternoon, the court heard that the rape survivor has suffered psychical and psychological harm. Ever since the incident, the victim, who is now a young woman, said she began smoking, “popping” pills and suffers from constant anxiety.
She expressed that she is disgusted by Germaine’s action because she held him in “high esteem”.
For her part, Justice Sewnarine-Beharry, in her sentencing remarks, noted that the convict has shown no genuine expression of remorse as he continues to profess his innocence despite the jury’s guilty verdicts.
Although Germaine has a good educational background having obtained a diploma in international relations, and previously worked as a teacher, Police officer and with the USAID, with his previous convictions for similar offences, the Judge said there is a likelihood of him reoffending.
The Justice described him as having a “bad character” as he was previously involved with an underage girl who later gave birth to his first two children.
Having considered the aggravating and mitigating factors, the serious nature of the offence, Germaine’s previous convictions and the need to protect girls from sexual predators, Justice Sewnarine-Beharry sentenced him to 20, 25, and 30 years, on the first, second and third counts, respectively.
All the sentences will run concurrently; this means that the convict will only serve 30 years behind bars.
Germaine was represented by Attorney-at-Law Clyde Forde, while the case for the prosecution was presented by State Counsel Nafeeza Baig and State Counsel Muntaz Ali.
Meanwhile, in 2017, he was found guilty by a jury of sexually abusing a girl under the age of 16. He was indicted with three counts of engaging in sexual activity with the minor before Justice Simone Morris-Ramlall.
In that case, the charges stated that during 2010, 2012, and 2013, Germaine performed oral sex on the girl, and caused her to do the same to him. Particulars of the other charge stated that he rubbed his penis against her vagina. He began molesting this girl when she was age four.
On the first and second counts, he was sentenced to 15 and 20 years imprisonment, respectively. Moreover, on the last count, he was handed a 30-year prison sentence, 20 of which he must serve before becoming eligible for parole.
He will, however, only serve 30 years since the sentences will run concurrently. The sentences from his 2022 and 2017 convictions will run concurrently. Meanwhile, Germaine has since filed an appeal against his 2017 convictions with the Guyana Court of Appeal. His case is expected to be called for hearing later in 2022.