Mother of two boys who raped their sisters also charged – Baby-rapists still waiting for clinical observationPOSTED: 09/6/12 12:38 PM
St. Maarten – The Court in First Instance postponed the trial against two brothers who repeatedly raped their younger sisters until October 3 yesterday. During an earlier court appearance on May 16, the court decided to send the boys to Curacao for psychiatric evaluation, but due to a lack of space at the Foba this has not happened yet. On October 3 it must be clear whether the evaluation in Curacao is feasible or whether the prosecution has to find a local option.
“Country St. Maarten does not have a facility for clinical observation,” prosecutor Georges van den Eshof told the court yesterday morning. “After 10-10-10 there have not been made agreements about this. There is only a mutual arrangement for detention capacity, but not for these kinds of evaluations. This is only possible if there is an agreement between Curacao and St. Maarten on the ministerial level.”
Justice Minister Elmer Wilsoe has in the meantime agreed with the plan to place the defendants for observation but the Foba did not have a place for them up to now. “This is why they have not been sent to Curacao yet,” mr. Van den Eshof said.”It is unclear when this will be possible.”
The prosecutor asked the court for a 1-month postponement and to indicate at the next court session what the options are.
The attorney for the boys, mr. Shaira Bommel was unhappy with the situation. “We knew already in May that this evaluation had to be done. The observation takes seven weeks. Now we’re going to postpone the case for another month to see if there is space at the Foba and my clients have already been detained for more than three months.”
mr. Bommel suggested to examine possibilities to do the evaluation in St. Maarten and brought up the name of doctor Gandotra, a psychiatrist who works for the Mental Health Foundation.
Judge Tamara Tijhuis decided to postpone the case until October 3 and to have the options researched in the meantime.
The defendants in this unsavory case are not only the two boys – Giovanni Anthony (18) and Jermaine Benjamin (20) V. – but also their 37-year-old mother Jasmain. The boys are accused of raping and sexually harassing their sisters – one of them just 3 years old – and the mother is charged with creating the opportunity for them to do what they did.
The mother was summoned to court but she did not appear in the courtroom, though she was hovering around the courthouse. ‘She does not understand that she has to be here,” her attorney Brenda Brooks said. “She thinks this is only about the two boys. I will probably ask the court for a psychological evaluation as well.”
Judge Tijhuis made clear that the mother will have to appear in her courtroom in October, “Otherwise I will issue an order to bring her in,” she warned.
The brothers started sexually abusing their eldest sister while they were charged by their mother to look after her and other siblings in January 2010. They both had sexual intercourse with the girl, who was unable to defend herself against the older and stronger boys. They also fondled her and forced her to perform other sexual acts.
Between August of last year and February 14 of this year the boys also raped their youngest sister, who was just 3 years old at the time.
In May, the in the meantime departed prosecutor Manon Ridderbeks noted that the limited psychological and psychiatric evaluations available to her about the defendants revealed a history of serious neglect, placement in foster homes, and also “incidents” with other children. With the eldest boy, the prosecutor said, it was hardly possible to have a normal conversation. One report stated that the boys are fully accountable for what they did, while another report concluded that they are in a diminished state of responsibility. This is why mr. Ridderbeks asked the court for a more extensive clinical observation. Her main concern was that the boys would turn into repeat-offenders. “Sex with young children almost screams for recidivism. We now have the opportunity to have them observed longer. Then we will get a better advice about what to do with these boys.”