Court: Man Admits Sexual Assault Charge

June 4, 2018

[Written by Don Burgess]

A man changed his plea to guilty in Magistrates Court to sexually assaulting a female student.

Kevin Rubaine, 40, of St. George’s, has had his case referred to the Mental Health Treatment Court after admitting he touched a student up her skirt in May of last year.

He has two similar convictions for this type of offence and was on probation at the time of the incident, and the student was “shocked, violated and scared” after he put his hand up her skirt.

In May, the complainant took the bus from St. George’s to go to school in Hamilton. About five minutes into the ride, the man sat next to her.

The Crown said: “A few seconds after the man sat down she felt movements with his left side against her. She thought nothing of it and was of the opinion he was just adjusting himself in the seat. She then felt the man’s arm up her skirt and his hand touching underneath her right thigh. She quickly moved her leg and used her bag to separate them.”

He tried touching her again, and she used her bag to block his touch.

Mr Rubaine got off at Shelly Bay, and the student then took a photo of him with her phone. When she arrived at school, she told her principal what happened. The principal phoned the student’s father, and a formal complaint was made at the Hamilton Police Station.

On May 29, the student took the bus again. The defendant got on the bus later, and the student contacted the police, who subsequently boarded the bus and arrested Mr Rubaine.

In a police interview, Mr Rubaine claimed the student “didn’t say no” when he touched her, and the defendant made a further comment claiming the student should not have been wearing what he called a short skirt.

His attorney asked for him to be dealt with in Mental Health Treatment Court. Magistrate Khamisi Tokunbo granted the request and ordered the man to appear there on June 7th but said he “wouldn’t be surprised if it comes back here from that court.”

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