May 11 - Man Found Guilty Of Rape
A jury returned a unanimous guilty verdict for a 28-year-old man accused of raping a 15-year-old schoolgirl in her home.
After deliberating for more than four hours, the jury found Daryll Martinez guilty of three separate counts of indecent assault, one count of rape and not guilty for one count of indecent assault and another count of having sex with a girl under the age of 16. A further charge of attempted rape against a second victim was dropped by the prosecution.
The defendant was remanded in custody following the eight-day trial.
Martinez, of Glacis Estate, was first arrested in February 2012 after 15-year-old Victim A told her Westside School teacher she was raped.
The court heard how Martinez had gone to her home on Friday night, where she lived with a friend, and had tied her up with some rope after claiming to be good with knots. That night, they proceeded to have sex.
Martinez insisted that it was Victim A who initiated sex, and they had to stop during intercourse because of his heart condition.
On Saturday, the defendant returned to the victim’s house and according to Martinez’s police interview, they had a sex marathon for the duration of the weekend, but Victim A, who the court heard had a troubled upbringing, felt withdrawn and was uncomfortable with Martinez being in her home.
Giving evidence in court, her then flat mate and father said they saw bruises on Victim A’s wrists despite Martinez claiming she was only tied for a minute or so.
The Crown also heard how a second victim, Victim B, came forward after these allegations to say that two years before this incident Martinez had tied her up with wrists and she “freaked out”.
Victim B, who was 14 at the time, was only untied when her friends had told Martinez to undo the knots. During another incident, Victim B struck the defendant, acting in self-defence after he had tried to kiss her.
In his closing submissions, prosecutor Ricky Rhoda QC, questioned what Martinez was doing hanging out with girls who were so much younger than him.
Mr Rhoda added that it was unbelievable for the girls to have gone through this ordeal for personal gain even though Martinez suggested otherwise.
He added that Victim A was young and impressionable, withdrawn and unconfident, and was the stellar opposite of her attacker who was confident and reassured.
Appearing for the defendant, Keith Azopardi QC, said to be accused of rape and indecent assault is one of the most serious allegations.
Mr Azopardi, assisted by Justin Rodriguez, added that his client did not know Victim A was under the age of 16 at the time of the incident, and that her friend was sleeping less than a meter away yet wasn’t woken up by any noises.
As for Victim B, he said there were no similarities between the incidents, adding that Victim B was a feisty girl who could defend herself.
In her closing, Pusine Judge Karen Ramagge Prescott who presided the case, asked the jury to approach this case dispassionately.
She said that different victims reacted to trauma in different ways, adding that there was no classic reaction to unwanted activity – some victims protest, shout and fight and although they might consent to some activity, this does not mean they consented to everything.
Mrs Justice Ramagge Prescott added that Victim A’s poor recollection and inconsistent accounts could be a sign of trauma which may affect memory.
She echoed the prosecution’s description of Martinez’s attitude during the police interview, where he was heard laughing, as flippant and boastful.
A pre-sentence report has been requested and Martinez will be remanded in custody until his sentencing on Thursday 23rd June.
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