(Trinidad Express) A mother who failed to report to the police that her nine-year-old daughter was being sexually abused in her home, was sent to prison for nine months yesterday.
Magistrate Alicia Chankar told the woman that as a parent she had the duty to love, nurture and protect her child.
“(The victim) purged herself of deep, dirty secrets of her childhood. She turned to her mother for solace and instead she was chastised emotionally and physically,” Chankar said.
The girl, now 18 years old, took the stand during the trial at the San Fernando Fourth Court and testified that she was beaten when she told her mother of the sexual abuse.
The attack happened in 2003.
The 50-year-old mother of seven, aged 16 to 30 years old, was arrested last year after a warrant was issued.
She was charged under Section 31 of the Sexual Offences Act.
The law states that “any person who is the parent or guardian of a minor, has the actual custody, charge or control of a minor, has the temporary custody, care, charge or control of a minor for a special purpose, as his attendant, employer or teacher or in any other capacity or is a medical practitioner or a registered nurse or midwife and has performed a medical examination in respect of a minor, and who has reasonable grounds for believing that a sexual offence has been committed … shall report the grounds for his belief to a police officer as soon as reasonably practicable”.
A person who fails to do so is liable to a $15,000 fine or to seven years in prison or to both fine and imprisonment.
At her first court appearance in October last year, the woman, a gardener, pleaded not guilty to the offence and a trial was held.
Magistrate Chankar found the woman guilty yesterday and sentenced her to nine months simple imprisonment.
The mother was also fined $5,000 and given one year to pay the money or serve six months in prison.
“A mother serves as a protector. As parents we have a duty to care for the child not only in the embryotic stage but to nurture our children … (The victim) was robbed of her childhood and of her innocence and she turned to her mother for protection and was chastised,” Chankar said.
The magistrate said the home the girl lived in was an unsupportive one.
“There seems, in this household, to be a history of turning the other way and placing blame where blame is not warranted instead of listening, consoling and counselling the child … As a young woman, she has to learn to heal from within. Coming to court is the beginning for her to heal,” she said.
Chankar called for help from authorities for children who have to testify before the court.
“What we need, as in the United States, is advocates of the child. They need to be here to counsel the child when they come to court and face this whole settling. I do not think it is user-friendly,” Chankar said.
The convicted woman, who was represented by attorney Michelle Rampaul, appeared to be in shock as she was led away by the police.
Police Sgt Russell Ramoutar prosecuted the case.
