21-year-old faces jail time

Standing in front of judge waiting to hear their fate is not where any 21-year-old wants to be. But Kendal Nelson of Cul De Sac, after being convicted on two counts of Sex with a Minor on November 9, 2009 faced this exact situation. Represented by Sandy John as the case was tried in Criminal High Court before Justice Kenneth Benjamin the jury had heard from Prosecutor Tina Mensah that Nelson, in September 2005 and in January 2006, sexually assaulted his then 13-year-old neighbour. The Virtual Complainant (VC), now 17 years old, took to the witness stand, recollecting the events to the court.
Sometime in September of 2005, the VC said she was coming home from school dressed in a yellow shirt and green knee length tights when the defendant called to her, saying he wanted sex. She asked him if he was “mad.” There was a brief conversation and the VC then went into the defendant’s house, voluntarily. She said Nelson then grabbed her by her hands and pulled her into his room where he then proceeded to have intercourse with her for about three to four minutes. The accused on this occasion did not have on a condom initially but while he was on top of her, he reached over to a table by his bed to get one and put it on. She said she struggled for a bit but Nelson was stronger than her. She made no noise or commotion. After struggling for a while her “knee connected with his chest” and he “flew”. She dressed and went home but did not make any complaints to her mother.
In January 2006, the VC testified she was on her way home from school, dressed in her school uniform, when Nelson called out to her from his balcony saying “You cutting style on me.” She admits she went over to him and they spoke. She claims Nelson told her to forget about what happened in September and they both went into the house. She told the court she went into the house because she thought she could stop him if anything were to happen. Upon entering her house, she said they proceeded to a bedroom where she sat on the bed. She said Nelson pulled off the boxers he was wearing and was already wearing a condom. When asked whether Nelson’s penis was erect, the VC said no. After Nelson took off his boxers, she told him she “didn’t want to do anything” but he ignored her and pulled her uniform overall over her head and pulled her panties down then proceeded to have intercourse with her for approximately two minutes. He then opened the door in the bedroom for her to leave. The door led to an exit flight of stairs. She put on her panties and left through the door.
Nelson elected to give a sworn testimony. He took the stand and admitted living in Cul De Sac in 2005. He said he knew the VC for over ten years because they were neighbours, she frequently visited his twin female cousins who lived with him at the time and they used to attend the same secondary school. He denied ever inviting the VC over to his house and he went further to deny intercourse with the VC. He admits he has spoken to the VC but the conversations were polite and minimal.
Dr Herbert Marius was called as an expert witness for his work in gynecology. He admitted he examined the VC in May 2006 and found she was a “well developed 13-year-old with advanced female secondary organs. There were no visible bruises, scratches or any trauma to the abdomen.” He said the exam was confined to the pelvic area and he found normal looking female organs. “The hymen was no longer intact,” he said. He continued, “The remnants were not bruised or red. The vagina had been stretched.” Based on his findings, Dr Marius concluded the VC was no longer a virgin and was sexually active.
Justice Benjamin cautioned the jury before deliberation that consent is not an issue in the trial because under St Lucian law it is illegal to have sexual relations with a person under the age of 16.
On Monday November 30, 2009, Justice Kenneth Benjamin sentenced Nelson to serve four years for each count, to run concurrently.