Carnal abuse conviction for landscaper
February 27, 2009
A man who said he honestly believed that a 14-year-old girl with whom he was having an intimate relationship was 18 years old was recently convicted of carnal abuse.
Christopher Hibbert, 38, landscaper of 4 Erald Avenue, Kingston 11, said in his defence that the girl told him that she was 18 and he believed her.
Lied about age
The complainant, who is now 15 years old, admitted in court that she told the accused that she was 18. She said she was from Portland but she ran away from home because she and her mother were not getting along and she was frustrated with her mother.
In her testimony in the Home Circuit Court, the girl told the seven-member jury that after she left Portland, she and her friend went to a nightclub in Kingston.
She said that although the club had an age restriction, she was admitted. After she left the club, she said she went to Waltham Park Road, Kingston 11, where she was introduced to Hibbert. They became intimate and she began living with him.
A report was made to the police that the girl was missing. The girl's photograph was subsequently published and that resulted in the girl being found.
Defence lawyer Lloyd McFarlane made a no-case submission at the end of the Crown's case. He asked the judge not to send the case to the jury because Hibbert honestly believed the girl was 18. He also referred to the fact that the girl was allowed to go into a club which had age restrictions....
Author: Barbara Gayle
Source: Jamaica Gleaner
