Derek Achong
After spending almost nine years in prison, a 42-year-old man, who admitted the rape and grievous sexual assault of a 14-year-old girl, is expected to be released next week.
Roger “Cheroke” Hernandez agreed to plead guilty to the offences on Friday after Justice Lisa Ramsumair-Hinds performed a maximum sentence indication (MSI) and informed him that he had already served the sentence she considered appropriate in the circumstances.
According to the evidence presented by prosecutors, which Hernandez accepted, the attack on the teen occurred on July 8, 2005.
The victim, a Form Two student from Valencia, was working at a shoe store in Arima during her school holidays when she met a then 25-year-old Hernandez, who was working nearby.
The victim claimed that on the date of the attack, she left work to meet a group of friends when Hernandez asked her to join him for a drink at a bar.
While at the bar, Hernandez took the girl to an upstairs bedroom where he raped her and forced her to perform oral sex on him after threatening her.
She was allowed to leave after having a shower.
The victim reported the incident to police over a week later, as she claimed that she was scared.
During the MSI, Ramsumair-Hinds said a starting sentence of 12 years for rape and eight years for grievous sexual assault was appropriate.
She said Hernandez would have to benefit from a one-third discount based on his guilty plea and the eight years and nine months he spent on remand would have to be deducted from his sentence.
Ramsumair-Hinds also said she would consider reducing the sentence further by considering the mitigation plea presented by Hernandez’s attorney Adelia Jordan, of the Public Defenders Department.
In her submissions, Jordan claimed that her client had a troubled background, as he was raised by his sister and only rekindled his relationship with his mother when he was 15 years old.
She said that he was remorseful and was willing to apologise to the victim for what he did.
Despite giving the indication that Hernandez already served in excess of his expected sentence, Ramsumair-Hinds did not immediately release him, as she requested submissions on him being placed on the sexual offenders’ website.
While she noted that he would have to be placed on the sexual offenders’ registry, which police officers have access to, Ramsumair-Hinds stated that he could apply for an exemption from being placed on the sexual offenders’ website, which can be accessed by members of the public.
She said that the application could only be considered before a sexual offender is released from prison.
The case is being prosecuted by Ravita Persad-Maharaj.
