Convicted rapist loses appeal against 30-year sentence

Finding that his grounds of appeal had no merit, the Court of Appeal (CoA) of Guyana on Thursday dismissed the case filed by 50-year-old Esan Germain challenging his conviction and 30-year jail sentence for engaging in sexual activity with an underage girl.
In December 2017, Germain, a father of three, was found guilty by a jury on all three counts of engaging in sexual activity with a child—when she was aged four, six, and seven.

Consequently, trial Judge Simone Morris-Ramlall sentenced him to 15 and 20 years in prison, on the first and second counts, respectively. On the last count, he was jailed for 30 years.
All the sentences were ordered to be served concurrently, while Germain will have to do 20 years before becoming eligible for parole.
In relation to the sentences he is currently serving, the indictments stated that at some time during 2010, 2012, and 2013, he engaged in sexual activity with the girl by performing oral sex on her, and in turn, causing her to do the same to him.
He also rubbed his penis against her vagina and caused her to hold his penis.
At the appellate court, the convict, through Attorney-at-Law Tiffany Durant, had contested his convictions on the ground that the trial Judge misdirected the jury as well as made several errors in law.
He had also argued that the sentences are manifestly excessive, wrong in principle, and not in keeping with established sentencing guidelines.
In rejecting Germain’s appeal, the CoA, however, held that no errors were made by the trial Judge which would result in his convictions being rendered unsafe.
In relation to the sentences imposed on him, acting Chancellor of the Judiciary, Justice Yonette Cummings-Edwards found that the sentences were appropriate given the circumstances of the case and the seriousness of the offence.
According to the appellate court, the features of this case are “remarkable”, because Germain held a position of trust and responsibility for the victim. In light of this, his appeal was dismissed, and his convictions and sentences were upheld.
Besides the acting Chancellor, Justices of Appeal Dawn Gregory and Rishi Persaud deliberated on this matter. Assistant Director of Public Prosecutions, Teshana Lake represented the State.
Meanwhile, in a separate matter, following a trial at the Demerara Sexual Offences Court on February 3 of this year, Germain was found guilty as charged of sexually penetrating a 15-year-old girl between January 1 and July 24, 2014.
For this, he was sentenced to 30 years’ imprisonment by Justice Priya Sewnarine-Beharry.
Germain raped the young girl on three occasions between January and July 2014. On the first occasion, he committed the act in the bathroom. On the second occasion, he raped her while she lay on a bed next to a two-year-old boy. Another time, he placed the girl to lay on an unfinished cupboard and raped her.
On July 23, 2014, the girl was going to the shop when she saw her mother, and she confided in her. The mother reported the matter to the Police, and Germain was arrested.
In her Police statement, the woman said she was shocked at the allegations against Germain, as she did not expect him to do something like that.
Meanwhile, during his trial, Germain had always denied raping the child. He described the girl as an “unmannerly child”, who was in the habit of misbehaving.
He was regarded as a researcher on issues affecting the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI) community.