Rapist, 63, gets 12 years hard labour

The sentences are to run concurrently. In sentencing Clario Hernandez of Tunapuna yesterday morning, Justice Devan Rampersad said that the defendant had betrayed the trust of the girl when he raped her, as Hernandez claimed that the girl was like a daughter to him.

Rampersad also noted that although he considered Hernandez’s responsibilities as a father and husband, and had contributed to the community in which he lives, only a custodial and rehabilitative sentence would be justified. Defence attorney Sinclair Douglas, in his plea for mitigation, said that he wanted the court to consider Hernandez’s unblemished record, his age and the fact that he was suffering from health problems (high blood pressure, diabetes and arthritis).

Douglas also asked that the welfare of Hernandez’s family be considered, as his wife only works off and on with the URP.

Meanwhile prosecuting attorneys Cheron Raphael and Shoba Jamuna asked the court to remember the increasing prevalence of offences of this nature within the society and the threat that was made to the victim.

The prosecution also reminded the court that the victim knew the convict well. The court heard that in May 2001, Hernandez raped the victim while she was at his home vacuuming, as she often stayed there. Hernandez pushed her onto a bed and covered her face with a pillow, then proceeded to rape her.

When he was finished, he threatened the victim saying that he would “bounce her down and throw her in the river,” if she told anyone.

The second rape took place while the victim was watching TV and Hernandez forced himself on her again and reminded her of his threat. He subsequently tried on two other occasions to have sexual intercourse with the girl, before she eventually told her sister and a report was made to the Tunapuna police.