Tyrone Roswell Ebanks, a 45-year-old man from West bay, was found guilty of having unlawful sexual intercourse with a young girl who was only 14 when the offence occurred. In a judge alone trial, Justice Michael Mettyear, sentenced Ebanks to 12 years imprisonment.

The Complainant gave evidence behind closed screens because of her age. She said that on 21st December 2010, she was at her home where she resides with her grandmother. She had left home to visit her great grandmother, travelling on her bicycle. On her return she was passing the home of Ebanks and he was outside. She knew him. He told her to, “Come here,” and she said, “No.”

She said she kept riding but Ebanks grabbed her by the collar of her polo shirt and pulled her off the bicycle. She tried to fight him off but was unable to even though she had tried punching him in the chest. He dragged her to his house, pulled her in, locked the door and pushed her to a bedroom. He then raped her. She was a virgin at the time of the rape.

After the rape, Ebanks threatened his victim with a knife to her throat and told her not to tell anyone. Ebanks did not wear a condom when he committed the offence. When Ebanks went to the bathroom she made her escape by grabbing a pair of his football shorts and riding back home on her bicycle. She told her mother and grandmother what had happened before informing the police.

The Complainant is still only 16 and she told the court in a statement she continued to have nightmares and believed her life had been widely affected by the attack.

Ebanks vigorously denied the offence saying that the girl had come into his house while passing on her bike to use the bathroom. He had gone out of his house to smoke and he had been cooking and cleaning when he saw the girl who stopped her bike. There had never been sexual contact.

He said when the girl returned from the bathroom he asked her why she was wearing his football shirts “and she replied that she had messed herself up and she was wet or cold and she had wet tights so she asked me for a bag to put item in. I am not sure exactly what she said.”

Despite Ebanks claim of no sexual contact DNA recovered from the rape kit taken from the Complainant was a match for Ebanks. Justice Mettyear said there was overwhelming evidence that sex had taken place and the young victim had described her ordeal in a clear and measured way.

The Judge said, “The strongest evidence against the Defendant comes from the medical and scientific experts. There is no proper basis for doubting the evidence of Dr. Alexander [an expert witness] that she carefully and properly obtained the high vaginal swabs.  There is no proper basis for doubting that the analysis of the swabs found the Defendant’s DNA in semen on two of the swabs.  The obvious conclusion is that the semen was deposited by ejaculation of the semen into the vagina during sexual intercourse.”

He also said he was sure sexual intercourse between two persons took place. “In truth, the evidence is overwhelming… Without hesitation I am sure that the sexual intercourse was without her consent.  In such circumstances the Defendant is guilty of the offence of rape and I so find.

In sentencing Ebanks to 12 years imprisonment, Judge Mettyear said the crime of rape was one of the worst things that could happen to a woman and was even worse for such a young girl. “The sympathy of the court goes out to her and we can only hope that the conclusion of this trial will bring closure for her and allow her to start the healing process.”

The judge, in giving his reasons for using the high end of the imprisonment guidelines, pointed to a number of aggravating factors in the case including the use of the knife to threaten the girl after the attack. Ebanks also had a criminal a record and had been on early release from a prison sentence for armed robbery at the time he committed the offence.

Justice Mettyear also noted that Ebanks had denied the crime and had accused the victim of lying when it was he who had lied all along and had shown no remorse.