‘Case not about whether she loved him, a 13-year-old cannot consent to sex’

By DENISE MAYCOCK

Tribune Freeport Reporter

dmaycock@tribunemedia.net

A SUPREME Court jury was urged on Monday to convict an Abaco man accused of sexually abusing a 13-year-old girl, after prosecutors pointed to explicit messages, nude photos, and the defendant’s own alleged admission that he was willing to “go to jail” for the child.

Jeffrey Grant, 35, faces charges of unlawful sexual intercourse and possession of child pornography. Prosecutors allege he groomed and assaulted the girl multiple times in 2022 while exchanging nude content and declaring his love for her despite knowing she was underage.

“This case is not about whether she loved him,” the prosecutor told the jury. “The law does not allow a child of 13 to consent to sex. It exists to protect her, from herself and from adult men who would prey on her body.”

The complainant, now older, testified that Grant assaulted her on three separate occasions, each incident involving manipulation and coercion. She told the court that Grant was a longtime friend of her brother and frequently visited their home. Their interaction began in late 2021 after her brother used her phone to call him. Grant allegedly then started messaging her directly.

In her detailed testimony, she described how the first assault occurred in April 2022 when Grant picked her up under the pretence of driving her to church. Instead, he took her to a home under construction in Green Cistern and allegedly assaulted her. Two other incidents occurred in vehicles, she said, in May and June of that year.

The girl did not report the abuse immediately, telling the court she was scared and felt manipulated into silence. The investigation began after Grant’s girlfriend reportedly contacted the girl’s brother, urging him to tell his sister to stop messaging Grant. That prompted the family to check the girl’s phone, which led to a formal complaint.

Police later recovered both the complainant’s and the defendant’s phones. Digital forensic analysis confirmed that nude photos and videos were exchanged via WhatsApp. The teen admitted to sending the material to Grant at his request. She also testified that Grant sent her nude images of himself in return.

Shawn Norville Smith, the prosecutor, told jurors that the content, including videos of a girl touching herself and images of a topless girl with Grant in the background, aligned with the teen’s account and was retrieved from Grant’s device. The girl also turned over her phone voluntarily at the Marsh Harbour Police Station, where further content corroborated her testimony.

The prosecution emphasised Grant’s own words, documented during his police interview, as critical evidence. According to lead investigator Constable Tabitha Forbes, Grant admitted to being physically and sexually attracted to the girl and said he was aware she was underage. He reportedly confessed to exchanging nude photos but denied having sex with her, claiming he only “touched” her and was “playing”.

However, the prosecutor dismissed this as a weak defence in light of the digital trail and testimony. “He admitted he told her he would go to jail for her. That’s not the language of innocence, that’s someone who knew what he was doing was criminal,” Mr Smith told the court.

Constable Forbes also testified that while Grant’s phone appeared to have been reset when recovered, data extraction later revealed the presence of explicit images and video. A forensic CD containing this material was admitted into evidence.

Defence attorney Brian Hanna challenged the prosecution’s case on multiple fronts, beginning with the absence of conclusive medical evidence to prove that sexual intercourse had taken place. During earlier testimony, a medical doctor confirmed that the complainant’s hymen was no longer intact but also noted there were no signs of bruising, lacerations, or trauma typically associated with forced intercourse. The doctor also acknowledged under cross-examination that hymenal rupture can occur through non-sexual means, such as physical activity or tampon use.

Mr Hanna also raised doubts about the digital evidence presented, specifically questioning the identification of people in the explicit photos and videos. He pointed out that several of the images shown in court did not reveal the face of the individual, and in one instance, the face of the person in the video was not visible, making positive identification difficult. He noted that while nude photos of the complainant’s face were recovered, none of those were sexually explicit.

Furthermore, Mr Hanna criticised the depth of the police investigation. He questioned Constable Forbes about her decision not to interview any witnesses aside from the virtual complainant and noted that she had not personally visited any of the alleged crime scenes. He also questioned why the girl’s phone was not brought into court for examination, to which Constable Forbes replied that she had already compared its content with the defendant’s phone and found matching material.

Finally, Mr Hanna emphasised that Grant denied having sex with the complainant during his police interview and chose to remain silent throughout the trial, exercising his legal right not to testify or call witnesses.

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