A grandfather was sent to prison after he admitted to sexually touching his 13-years-old granddaughter again after a meeting has resolved and warned him not to reoffend in the first encounter.
Justice Andree Wiltens said that the first incident happened in September 2017 when the grandfather asked the victim to follow him to the garden.
One of his grandsons followed them unnoticed.
The grandfather was seen touching the victim’s breast and instructed her to follow him in which she declined.
The matter was raised in a family meeting and the grandfather was warned not to repeat his actions again. A promise was made in front of the church elders during the meeting not to repeat what he did and he paid VT2000 fine to the victim’s father.
The grandfather re-offended in June 2018 the judge said.
He said that the victim was washing dishes in the kitchen when her grandfather entered and exposed his privates to her and even asked his teenage granddaughter to touched it.
The judge said that the victim refused and promptly told her father who reported the matter to the police.
When interviewed, the accused admitted the allegations made against him were correct.
There were a number of aggravating factors to the offending – the repeating of the conduct despite the warning and the failed promise, the family relationship, the fact that the offence occurred in the victim’s home where she ought to be safe and secure at all time.
The judge adopted a starting point of five years imprisonment.
In regards to any credit to the grandfather, Justice Wiltens said that there is no mitigating factor relating to the offending but personal factors revealed that he has no previous conviction and for that he granted a discount of six months imprisonment.
The grandfather also participated in several custom reconciliation ceremonies, involving the complainant and the Pre-sentence report indicated that the victim’s family had accepted his remorse and have forgiven him and for that another six months credit was allowed.
He also considered the early guilty plea by allowing 33 percent to the end sentence.
After taking all matters into account he sentenced the man to two years and eight months imprisonment on both charges concurrently.
He backdated the sentence to August 25, 2018, the date of his first incarceration.