Rape rap after 45 years - 80s sex abuse claims land elderly man in jail

A 75-year-old man from Porus, Manchester, is now facing rape charges in connection with incidents alleged to have occurred 45 years ago.

The elderly farmer was taken into custody on Monday after a question-and-answer session conducted in the presence of his attorney.

Police say the charges relate to the repeated sexual abuse of a girl between 1980 and 1982 while the two reportedly lived at the same address in St Elizabeth. The complainant, now an adult woman, made an official report to police in January of this year.

Attorney-at-law Christopher Townsend, who is not involved in the case but offered expert legal commentary, noted that rape can be prosecuted at any time in Jamaica.

"We have had offences or persons complaining of rape dating back long when they were children," Townsend said.

However, Townsend stressed that the passage of time presents significant hurdles to securing a conviction.

"Success in prosecution really depends on the evidence that is there," he said.

"Certainly, over the years, the nature of the evidence may deteriorate, and the potency may be affected with the passage of time."

In many historical rape cases, DNA evidence and other forensic materials like rape kits are non-existent or have long deteriorated. That puts the burden squarely on the complainant's recollection.

"The first kind of evidence they have is the recollection of the complainant," he said. "In all rape cases, it comes down to whether sex took place and whether there was consent."

Townsend said that if the survivor and accused knew each other, the issue becomes one of credibility. The court will assess whether the complainant stands up under cross-examination, whether her account is coherent, and whether her testimony appears truthful.

"It becomes a question of whether or not their story is believable," he said. "The jury or judge will look at how the evidence is given, what the defence says, and make a judgment call."

The veteran attorney said that rape cases are notoriously difficult to disprove.

"Rape is one of those offences that is easy to allege and, in most cases, hard to disprove," he cautioned. "Oftentimes, only two people know what happened, so it really comes down to the complainant's credibility."