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Court of Appeals of Jamaica

Campbell (Peter) v. R

While taking a taxi to school, a 13-year-old girl was forcibly raped by the taxi driver, whom she had previously encountered. After learning about the incident, the girl’s mother reported the driver to the police and he was subsequently convicted at trial for rape and sentenced to 15 years imprisonment at hard labor. At trial, the driver’s defense was one of alibi—a denial of his involvement in the offence.

Jerome Arscott v. R

A young woman was sexually assaulted by a male police officer who encountered the woman while he was picking fruit behind her house. The officer followed the woman into her home, where he exposed his genitals and attempted to penetrate the woman’s vagina despite her resistance. Afterwards, the woman successfully identified him in an identification parade and he was subsequently charged with the offences of assault with intent to rape and indecent assault, for which he was convicted at trial and sentenced to nine months hard labor imprisonment.

R v. Noel Campbell, Robert Levy

While walking on the sidewalk on her way to work, a young woman was forced into a gully where she was raped and robbed at gunpoint by two men in the early hours of the morning. At trial, the two men were convicted after the woman had seen and recognized both defendants out in public after the rape and subsequently reported them to the police.

Richard Barrett v. R

A 16-year-old girl was walking home from school when a man drew a gun on her, forced her into his home and raped her. At trial, the judge—acting as trier of fact—found the man guilty of illegal possession of a firearm and rape. Because the incident was not corroborated, the judge characterized the case as an issue of credibility. The defense attempted to discredit the girl’s credibility by pointing to discrepancies between her testimony in court and her original statements to the police.

Robert Rowe v. R

A 13 year old female complainant was raped in the home of the male defendant, where the complainant was a regular visitor. Despite rejecting the defendant’s monetary compensation to remain silent, the complainant did not disclose the incident until two weeks later when a third party noticed that she appeared to be depressed. At trial, the defendant was convicted by a jury for the offences of rape and indecent assault for which he was sentenced to 12 years and 2 years imprisonment, respectively, to be served concurrently.

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