BASSETERRE, St. Kitts – A 30-year-old man, born to a mentally ill woman and whose social inquiry report indicates his mental state “is still at primary school level”, pleaded guilty to indecently assaulting a 13-year-old female and was sentenced to four years in prison yesterday (Feb. 24).
James Hodge was charged with indecent assault of his girlfriend’s daughter in Phillip’s Village sometime in October 2009.
According to the facts read in court, the girlfriend had left her daughter and two other children in Hodge’s care because she had to leave the home.
The 13-year-old went into her mother’s bedroom to get something and, Hodge who was also in that room, locked the door, turned up the radio and held her down on the bed. He took down his boxer, pulled down the girl’s underwear and tried to put a private part of his anatomy between her legs. He was however able to fondle her breasts but ceased his actions after one of her siblings had entered the room.
Hodge told the girl not to tell her mother about the incident. However, on her return, the girl told her mother what happened and she confronted Hodge and later reported the matter to the police.
According to Hodge’s social inquiry report presented by Probation Officer Wingrove George, Hodge’s deceased grandmother had taken him from his mother after he was born to live with her in Godwin Ghaut.
Hodge’s grandmother died when he was 14 years old and, while his siblings went to live with other people, he was left to fend for himself. The report also stated that both of his parents died before he attained the age of 20.
According to Marilyn Maynard, past Head Teacher at Verchild’s All Age School, Hodge was always seen as the school’s clown and everyone sought to make fun of him.
“James was also diagnosed as having a learning disability which was thought to stem from his mother who was known to be mentally ill. James was always a follower all through his school life, even when he would have reached High School age the smallest of child in Primary School could still dictate to him what to do and he will comply.
“All of his other siblings were also like that and I don’t think anyone of them would have properly finished school. It is very unfortunate that James could get mixed up in an incident like this. When I first heard of it I was very shocked, because this seemed to be very much out of James’ character. I would have easier expected him to be a victim of this kind of behaviour and not a perpetrator of it,” Maynard said in the report.
Hodge said he has been a construction worker all of his adult life and Vincent Edwards, a building contractor, said he had known him for 10 years.
“He has always been a very good and hard worker, because he is always willing to work. I think that if it was not for the fact that he is illiterate and a little on the odd side in his head, he could have been a very skilled mason or a carpenter by now.
“When all the other workers are liming on the job he never did anything like that. He will do his work and even ready and willing to let me know who was not working when I am not on the job. When time to work overtime at the end of the work day or to work extra days at the end of the week, James never hesitate to do so. He would even volunteer before I ask. He is wrong for what he did and I hope he realises that he did something terribly wrong. But, however, whenever he comes out of jail he will always have a job with me,” Edwards stated.
The Probation Officer stated in the report that “when one looks at the disparity between the age of the convict and the victim, one can’t help but being disgusted and vexatious, especially when knowing that the convict had a relationship with the victim’s mother”.
“That was a serious breach of confidence by the convict when he himself should have been assisting with ensuring the safety of someone who should be protected from even herself. I do not subscribe to the thinking that because both of the convict’s parents had mental issues, coupled with the apparent illiteracy of the convict, is any reason for him to perform such deliberate act of misconduct,” George stated.
He however recommended that Hodge’s guilty plea, readiness to admit that he did something wrong, his willingness to accept full responsibility and his apparent remorse and understanding of the kind of damage that could be done to the psyche of the child should be considered for sentencing.
Hodge told the court he was sorry and very ashamed for what he did. He said he is also a newcomer in Christ and feels ashamed for letting temptations get over him and that he was very sorry to the girl and her mother.
He stated in the report, “I know that is something I should a never do…a let down meself, de gul and she mother. I really wanted to live a good life. I am very sorry, I owe all a dem some apology. I ain’t gon tell no lie and say not guilty and I know I do it. I ain’t want to waste no time in courts to go try no case and tek de gul out a school and tek she mother from wuk when I know is my fault. I know when people remember who me family be deh ain’t gon want to believe dat I would be a good person. But not because a crazy woman was me mother and a drunken man was me father…I believe God gon help me. Please for a chance judge a sorry for what a do.”
“The law does not work the way you want it to work,” His Lordship Justice Errol Thomas told Hodge before sentencing him.
He told Hodge that the incident may have been planned and although the maximum penalty for the crime is 10 years, he would consider his guilt verdict and other mitigating factors and sentence him to four.
