Pedophile Sentenced To 12 Years

December 13, 2011

A pedophile was sentenced to 12 years in prison this morning [Dec.13] for attacking a 10-year-old boy — and must serve half that time before being eligible for parole.

36-year-old Jomar Caines had earlier pleaded guilty to deprivation of liberty, sexual exploitation, serious assault and common assault after grabbing the child in a restaurant and forcing him into the bathroom.

He was given 12 years for sexual exploitation, and sentences ranging from 1 – 4 years for the deprivation of liberty, serious assault and common assault charges. All sentences will run concurrently, meaning Mr Caines stands to serve a maximum of 12 years.

Justice Charles-Etta Simmons ruled he must serve at least half the sentence [6 years] before being considered eligible for parole.

In addition, she directed the Commissioner of Prisons to provide Mr Caines with programmes that are intended to help resolve his psychological and personal issues.

Justice Charles Etta Simmons told Mr Caines, “You alone are to blame, your use of liquor and cocaine adds to your problems and society needs to be protected from you.

“The only help is at Westgate, and you should enroll in programmes as will assist you in resolving your childhood victimization issues.”

Mr Caines grabbed the 10-year-old boy at the Pasta Basta restaurant, forced him into the bathroom and sexually assaulted him after locking the bathroom door.

Armed with a claw hammer, he then attacked two adults who stepped in to assist the boy after hearing his screams.

Mr Caines has previous convictions for sexual assaults stemming back to 1997, and has served at least two jail terms for assaulting young boys.

Mr Caines’ defence lawyer Mark Pettingill said, “We need to fall in line with other modern jurisdictions with regard to the facilities that are available to individuals that are convicted of committing these types of crimes. We can’t have a revolving door policy.”

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Comments (73)

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  1. what a surprise says:

    12 years only - what a joke

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    • Whit Christ says:

      Yeah and Mr. Pettingil needs to shut the hell up! The proper facility for this monster is JAIL! And if it isn't then it is definitely a place where he does NOT get out! The idea that this monster can be cured and 'treated' is BS! The guy simply should not be amongst the public at all PERIOD. Mr Pettingils corrupted pseudo-humanitarianism is why the guy was on the streets anyway. That poor boys life is likely destroyed and all this clown can talk about is the perpetrator as if he's the victim INSTEAD of the little boy. ??????? Am I the only one who thinks our money should go towards providing treatment for VICTIMS instead of what this silly arse is saying?

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    • Your a fool says:

      Mark your a joke for saying that. I wonder what you would say if it was your child he sexual assaulted. It's no wonder the OBA needs more clowns like you to lie to the public.

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  2. Terry says:

    Good.

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  3. Motts Apple Sauce says:

    Not perfect. But at least he is off the streets for now.

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  4. concerned says:

    He only gets 12 years!! While someone with a bag of weed will get the same if not more jail time! something is wrong here! And its not even his first offence!

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    • bermyboy says:

      Where are you getting your information from I have never heard of someone with a bag of herb getting the same sentence unless the bag contained pounds. You weed heads need to get a life and stop comparing everything to marijuana its ridiculous.

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  5. Bad Girl turn Good says:

    He needs to be castrated

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    • Hmmmm says:

      I agree! in other countries if u steal u get your hand chopped off! he doesnt know how to use it properly he shouldnt have one!

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    • Ride says:

      You do realise that his issues are psychological and not biological. Removing his member will not "fix" him as that is not the root of the problem. Also, I'm curious as to your recommendation to "fix" female paedophiles. In your opinion, what should be cut off of or carved out of these women to "fix" them?

      Ride

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      • Whit Christ says:

        @ Ride Yes but he 'biologically' carries out his psychopathic aspirations. Besides, psychological does not mean 'metaphysical'. You need a 'biological' brain in order to have a psyche. His biological balls feed the testosterone to his biological brain in his head. Chop one or the other off and the problem is solved. I personally prefer the later!

        Not @ Ride. This guy has been convicted of this crime twice before and yet we still release him to prey on and destroy our children's innocence. Stupid fools will never learn that your pseudo-humanitarian values favor the criminal rather than the innocent. And if he's dangerously insane he simply should NOT be amongst the vulnerable public. EXECUTE SEX OFFENDERS PERIOD! Next time this clown will hammer one of our children's skulls in. There is no cure, only a purgative. DEATH!

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    • Heather Stines-Brangman says:

      I agree completely and absolutely, he should be castrated! The public will have to foot the bill for his surgery and aftercare. How dare the judge give this man the opportunity to only serve half of his sentence! The family should be counselled at no cost and recieve immediate assistance. My heart goes out to the parents of this child and the child himself. For many years, Bermuda's residents have been calling for an upgrade of our antiquated laws. Why has the legal fraternity not addressed this. Explain yourselves!! You ALL can't be that busy!!!They have been been silent except to express regret over the sad story of a child's horrible experience. How would we legally handle the repercussions of a grieving parent/family that chose to take matters into their own hands. Does the biblical writings regarding "an eye for and eye...provide a manner of how to deal with pedophiles, male or female. How long must it take for our laws to fall in line with the modern world. There should there be a way to fast track our dinosaur-aged laws and protect our residents, particularly our children. Must we petition the Queen to have laws corrected and the penalties to be so severe as to discourage the behaviours of those who commit foul deeds and criminal acts knowing that they usually get off scott free at the public's detriment. I suggest that we send letters to our sovereign to act on the behalf of her citizens. Our current government is ineffective and uncaring. I demand change!!

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  6. Bad Girl turn Good says:

    I am offering my castration services with a butter knife. As the old folks say if you dont learn you should FEEL.

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    • OMG says:

      Or my services with 2 bricks!!!

      The victim will need assistance as well for this crime.

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  7. just sayin says:

    let's be a little more serious about this. his taking on sessions that will help him shouldn't be an option, it should be mandatory. and 12 years is a load of crud by the way.

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  8. Kim Smith says:

    Given this man has served two prior sentences for interfering with young boys, he should not be eligible for early parole and have to serve the full 12 years. Parole Board people... are you paying attention???

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    • True Bermudian says:

      He should never be allowed out into society again.

      FACT: 100% of pedophiles re-offend when let back out into society.

      You don't let filthy animals like this out ever again. You put the animal down once and for all and move on.

      He's already assaulted three children we know of.
      He doesn't deserve the opportunity to re-offend.

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      • kiskadee says:

        These poor children will be affected for life. This man should be in prison for the rest of his days.A lot of these social workers are fooled by these pedophiles and let them out only to re-offend again.

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  9. Bad Girl turn Good says:

    I am dead serious, men are attracted to women, NP men are attracted to men NP, BUT men being attracted to children SERIOUS PROBLEM. DO YOU REALLY THINK THAT WHEN HE COMES OUT HE WOULD SEXUALLY WANT A MANNNNN or WOMENNNNN OR DO YOU THINK HE WOULD STILL BE ATTRACTED TO A BOY? Should have been my child, I would go lifetime network on his rassss and kidnap, torture (BREAK THEN CHOP HIS FINGERS), castrate HIM then drop him off to kemh to stop the bleeding allowing his lifetimne to be the misery of NOOOOOOO sex. "revolving door policy" not required.

    SERIOUS is and understatement. TRY ME

    (SERIOUSLY DISGUSTED RIGHT NOW)

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  10. JUSTICE says:

    This is not the first time this guy has done this. Jail is not fitting for such an evil person. You are locking him up with men, he loves men and little boys how is that justice. This is like sending a fat kid to candy shop for 2 nights because he stole a hamburger. He will be in Jail with his old lovers what type of Justice is this??????

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  11. livid onion says:

    12 years with a chance to apply for parole in 6 years . . . That's a ridiculous, parole should not even be considered! Caines is a repeat offender that sexually exploited & deprived a boy of his liberty, which more than likely the victim & extended victims (the boy, his brother, his mum, his aunt & the rescuers) of this horrendous crime have been mentally scared for life! Good thing for Caines, that Bermuda does not have shari law as he would be castrated & his arms cut off to prevent such things happening again.

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  12. BdaOasis says:

    Only 12 years.....a SHAME, smdh!! This poor kid (and the other) will probably have nightmares for the rest of his LIFE due to this incident. This judicial system is a joke!

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  13. Tolerate says:

    Wow,
    Amazing; 12 years with parole eligibility after 6… Are these sentences worded to appease the public which seems the norm nowadays for how we are treated? Why can’t it just be put to us as straight 6yrs before eligibility for parole, (wait, because there would be no stated cutoff date, hell, leave them there until the Parole Board is satisfied). This is done simply because the public would be further up in arms to such a short sentencing. Hide it behind a big number like 12 years and in small writing add the fact it could be as little as 6years. Truly ridiculous, at the end of the day he will be confined as nobody in prison likes a child molester (other than other child molesters), be on his best behavior and out in 6years at which point the Parole Board will take the outcry for letting him out when their hands will be tied because he would have been a perfect prisoner.
    I also believe the fact he used a weapon to fend off people trying to assist the child should have increased his sentence as he became violent due to a hideous act he created. What would have been the sentence for the guy who disarmed him and beat him with the hammer; excessive use of force, 5 years in prison?

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  14. Bad Girl turn Good says:

    Obviously my suggestion of castration is relevant :) beneficial and effective.

    http://exposereport.com/news/castration.htm

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    • summer lover says:

      http://www.welfareacademy.org/pubs/legal/sexoffenders_92.pdf

      Please see this article for and against castration. it must be understood that rape/sexual abuse/paedophilia is not a sexual act, but one of violence and power.

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  15. Foxtrot Oscar says:

    A trial & prison time shouldn't have even been an option in the first place...with all these shootings he should have been on the top of the list! 12 years for scaring a child for LIFE, and possible parole after 6 years...what a joke!!

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  16. Notorious says:

    So stories about gay people coming to Bermuda and drug possession get hundreds of comments of "it's an abomination" and disgust and lock them up blah blah but pedophiles-not so much. I guess it has to hit close to home before people care enough.

    Maybe the outrage will come when he's released after doing less than half of his sentence, rapes and then probably murders a young child. Reminds me of another case, then again people forgot about that case already too. 6 years for sexually assaulting a 10 year old. WTF is all I can say right now.

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    • wallawalla says:

      Most people are still working until 5pm ...not reading and posting all day long. I'm sure the outrage will come.

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      • Notorious says:

        People post on Bernews all-day, everyday, work is not the issue so unfortunately I doubt it. Bermudians don't stand up against sex crimes and pedophilia. No one speaks up for the children, if we don't who will? Why are no politicians lobbying a change to these laws? What is the maximum sentence they can hand down for sexual assaults/rape/molestation? They quickly passed the cell phone banning while driving and car tint yet sexual offenders against children are let out repeatedly. WHY? Because one is financially beneficial and the other isn't? The first assault should land a minimum 25 year sentence. People need to learn the psychology behind sexual assaults on children and the tremendous damage it does - especially on boys. What will become of this 10 year old boy when he grows up? The chance to be let out to do it again should never even come up. How can a person who has a history of sexual assaults against CHILDREN dating back to 1997 even be given the option of parole after serving just six years?!!

        Like I said in my comment before it will have to hit close to home before more people care enough to want a change.

        And what is Mark Pettingill talking about?! Sexual offenders CAN NOT be rehabilitated! FACT!! This thing needs to either be put down like a sick dog or locked down for life.

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        • MinorMatters says:

          At Notorious - Agree and what is even more damning is that this child stands a good chance of being an abuser now. The stats are that majority of abusers were once abused... this country is so far down the toilet that it is frightening.

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  17. True Bermudian says:

    What a horrendous joke the justice system is. This so called man assaults a child and he gets 12 years with potential to be out in six.

    AND HE'S DONE IT BEFORE. He has a HISTORY of sexual assault going back to 1997.

    He's ASSAULTED YOUNG BOYS BEFORE AND HE WAS LET OUT TO FREELY DO SO AGAIN.

    This filthy excuse for a pig of a human, and those like him, are rabid animals that need to be put down for the betterment of society and the protection of our youth.

    Just put this sick animal down now and don't waste anymore resources on this piece of vile excrement.

    It's time to stop child rape once and for all.

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  18. Rockfish says:

    THANK YOU FOR A PICTURE!!!

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    • True Bermudian says:

      I second that. Thank you for the picture Bernews.

      We should all be aware who the child rapists our in our communities, what they look like and where they live and work.

      Stop protecting child rapists.

      Stop child rape.

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  19. concerned in bermuda says:

    shocking that he only got 12 years ...i cannot imagine what the parents of the poor child are going through right now.. once he is out, he should be castrated by society and he should not be allowed to live in the viciinty of any child and or school.. it may sound harsh but unfortunately this man is a repeat offender and the likelihood of rehabilitation for him seems slim to none.. on another note the bermuda prison seems to be a joke, he should be locked away at a prison in the US where he really will experience actual prison life..

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  20. Andrew Woodworth says:

    Parole is the only mechanism by which the justice system can monitor released offenders. It is an essential part of the restorative justice process. I'd much rather have him serve 6 years on the inside and 6 years supervised on the outside than have him serve twelve years on the inside and go unmonitored upon release.

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    • True Bermudian says:

      He shouldn't be allowed out to assault anyone in the first place. He's already done it three times we know of now.
      Put the animal down. Stop child rape.

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      • wallawalla says:

        i agree----this is his third strike. This sorry excuse for a man should be forced to serve MORE than 12 years and should be on parole for the rest of his life. That poor child will be 16 and still a mere child when this threat to decent society will be free. Makes me sick. I shake my head at some of the inconsitancy in some of the sentences handed out by judges in this country

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        • Andrew Woodworth says:

          I'd prefer to see him put behind bars for life, but if you are going to let him out, let him out with some supervision.

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    • Mad Dawg says:

      I'd rather 25 years no parole. This person is obviously a serious danger to children. We deserve protection from him.

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  21. Bdasleeps says:

    Only mandated to serve 6 yrs huh?! These judges just don't seem to get it!!! It should have been at least a mandatory 25 yrs especially since this n$#$a is a repeat offender!!!

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    • PEPPER says:

      Let us hope he meets his maker sooner than later.

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  22. concerned in bermuda says:

    @andrew .. there are more repeat offenders whose crimes increase with severity when out on parole...when it comes to offenders who have committed crimes against children, i dont think people like this man need to get out back into society where they may strike again..

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    • Andrew Woodworth says:

      Don't get me wrong; I understand the recidivism rate among pedophiles is impossible to manage. The paucity of the sentence is problematic, but the requirement for supervised release is a better option than a sentence terminating with unsupervised release. Personally, for a three-strikes offender, I'd prefer to see a sentence that terminates with no release until death.

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  23. Real says:

    I actually had to stop and think. Would I be upset if someone got shot a few years from now for just accidentally bumping into someone else? Yes, but then I find out that this was the same boy that got molested years back and the system didn't do him justice so now he freaks out whenever he is bumped or touched by someone else.He decided to take matters into his own hands. We would all be crying out STOP THE VIOLENCE but maybe we should start to think what is really going on in some of these young boys lives that we are turning out nowadays. WoW, six years, I would shoot someone too.This is no excuse for all the idiots out there shooting but some have issues from so young and we don't identify them until it's too late.

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  24. I'm the judge says:

    Wow, Bermuda is a real joke!
    This is why Bermuda is losing money. It's stupid decisions like this that somehow whirlwind and escalate and shoot-off into other things that somehow make other Bermudians suffer.
    If it was my child I KNOW I would have very closely ended his existence!
    I want to reach out to the family members of that child. May God make it easy for you all!
    Mr Pedophile, YOU WILL GET YOURS WHEN YOU FACE GOD.

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  25. fyi says:

    guns were invented for situations like this one. 3 strikes and your out.
    this island is begging and crying out for CAPITAL PUNISHMENT!!!

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  26. True Economist says:

    How do you allow your politicians in Bermuda to represent Criminals should as Mr. Caines?

    Puzzled how a legislator is a criminal defense lawyer

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    • Terry says:

      Wellapparently your refering to Mr. Pentingill. You do your job he does his.

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  27. Terry says:

    And as a historical reflection, not much was said when Dame Lois Brown defended Larry Tacklyn.

    Choose wisely.

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  28. livid onion says:

    Bernews, Thank you for posting a photo of this SOB -repeat -offender -pedophile Jomar Caines.
    So hopefully, now the the politicians of three parties will get there act together to create a public register of sex offenders list as long overdue!!!

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  29. empora says:

    they finally got that rat..he should be in a bodybag if i had the choice..............

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    • empora says:

      what's so funny? judge let him off 4 years ago when he done it before.....

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  30. Terry says:

    So you have a "register". How the hell does that effect anything, really. Government spend another $120,000 doing this, mwe have a register and your point is?

    Lattz go dahn dee rode ann chak det ragghister.......what four.........nuffin alz to do.....yah point......I give up.

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  31. Listen Up says:

    What Mr.Pettingil fail to realize is that when PERVERTS touch on children, it has a major effect on their ADULT life!! These dirt bags need to sit in jail for life!!! IT IS DISGUSTING!!!! NASTY!!

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  32. Optimistic says:

    What a shame!

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  33. Thanks for the pictures says:

    Bernews, thanks for the pictures. Are you able to get an update on the public register of sex offenders? This has been discussed but no movement to my knowledge.

    Government built new courts but did not change the law to release mug shots when someone is convicted??? What is up with that?

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  34. navin johnson says:

    Meanwhile there are so many cases of sexual abuse that social workers can hardly handle their case loads...some have more than 40 cases to deal with on a regular basis....not going to get better as there is no money left to pay people.....brought to you by your Government........

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  35. R U Serious says:

    Mr. Pettingil,

    Everyone deserves representation......But doesn't every lawyer deserve to say who their going to represent.....U represented a known Pedophile......Really.....R U Serious!!!

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    • Andrew Woodworth says:

      He also counseled him to plead guilty. If you believe in the adversarial justice system, you can't be selective on who is deserving of representation. They all count, or none counts.

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      • Are you serious!!! says:

        Mr. Woodworth,

        You don't believe that he could have pleded Not Guilty do you.

        And yes, I believe that all lawyers can be selective on who they represent, if not it just always boils down to the $.

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  36. D says:

    Nasty man!!!!!!! needs 2 be in jail for life!!!!! this story is soooo crazy he tried 2 rape a little boy in a restaurant bathroom

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  37. Lissa says:

    Yes we do need a registry in order to protect pedophiles from themselves. I remember this man growing up and we all knew to stay away from 'Bonton'. I am going back 20 years when he was about 14, 15 and 16. There were stories about him. Fast forward to 5 years ago and my son was doing the cross country circuit. Bonton was at every race that was at a secluded location. Astwood Park and by the smallest church in Somerset - to name a few. Between my mom and I - I followed my son along his route and she followed Bonton. He wasn't just watching the races, he was patrolling the route. After his third apearance at the cross country and after my mom asking him nicely wether or not he was there to support a child (to which he said no) we pointed him out to organisers. They had no idea who he was and seemed a bit doubtful as to what I was telling them, but they at least put additional rangers on the route and promised to speak to certain authorities. People please watch out for your kids and keep them close to you....

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  38. Been there says:

    I was sexually assaulted when i was three years old. I am now 60 years old, and still have memories of a grown man masturbating while touching me. My life has been difficult at best. I thought that I was a homosexual, and found myself comfortable around gay men, although hating every minute of it. The guilt that I felt was overwhelming. I still fight the debilitating bouts of total depression... such depression that makes you incapable of even moving and only seeking the darkest place to hide, until it leaves. My marriage failed, because of the depression or what I called the darkness. When I was nine years old, I interferred with my younger brother... he his now openly gay, and I was my fault. I hold a responsible position in the community and am constantly aware of that incident that happenned to a three year old boy. It is only by the grace of God that my life has a sense of stability. I am respected and show respect. But the horrors of that incident are always lurking in the shadows.. ready to pounce as soon as I let my guard down. Is it going to end? Never! I hope to get married again, I have met many women who have cared greatly about me, but I always seem to self destruct. So, when you all talk about what should happen to this man... give some thought to the child. You have no idea!!!! I could go on and on about this..But please consider the child.... (I usually sign my name to my posts...Hope you understand why I cannot this time)

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    • Kim Smith says:

      @Been There... Thank you for sharing your story to appeal to us to WAKE THE HELL UP! Many will appreciate your courage.

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    • Keep the faith says:

      Wow...

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  39. Kim Smith says:

    I think I've got it! The reason we don't have a Sexual Predator Register in Bermuda is that too many of the men here would be on it!

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  40. vent says:

    It's sad that someone as smart as Mr.Pettingil thinks that there is such a thing as rehabilitation for a pedophile. He states in his video about the revolving door factor for these types of guys but the fact is for a Pedophile you are talking about something entirely different.
    I saw judge judy on Larry King one night and she said that the only thing that can cure a pedophile is a bullet to the brain. And this is a respectful american judge saying this! At least Americans are honest about the situation. Pettingil is saying well in a few years he will be out and I hope it works out for him. Bermudians don't want to hear that shit. I am not a fan of capital punishment but life in jail is a no brainer and I mean life in jail. none of this 16 years bull shit and then you're out and back into society.

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  41. vent says:

    Children need protection end of story.
    @ Kim Smith dont be ridiculous ,must men would be on it, think use your brain before you write. most bermudian guys i know like women and sleep with a lot of women,if anything women use to say most men are dogs and like sleeping around a lot with other women.

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  42. JUstice says:

    My sympathies go to the family and the young child, I know how difficult it is to cope with such issues. This man should have gotten MORE than 12 years. People who are pedophiles have a serious mental illness and will never change. It is often to complicated of a illness to come out of.
    The Justice system should realize that if he's done it more than once, he is not capable of living among the average citizen.

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  43. imjustsaying says:

    12 years and eligble for parole in 6 years... he obviously is a high rate offender... these people need to be put away FOREVER... they do not deserve to walk the streets... I can tell you one thing and this is a promise any of you sick bastards interfere with my children, nieces, nephews, little cousins or God children trust and believe me it not going to be a pretty scene .....

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  44. Bystander says:

    Click on the link below to see what real justice is for sicko's like this:

    http://www.nydailynews.com/new-york/creep-72-years-rape-girlfriend-11-yr-old-daughter-article-1.991923

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  45. KMHBermuda says:

    One phrase that really bothers me in this pig's sentencing is 'concurrently'...it needs to be removed from the books immediately. There were apparently sentences ranging from 1-4 years, but the judge said they were to run concurrently. They should have run CONSECUTIVELY...and no possibility of parole until the full sentence was served.

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