A look at Justice: How does Joshua Robinson's jail term compare with other sex offenders?

The reaction to the sentencing was massive.

Initial reporting is important and to a large degree, media is to be blamed for the public outcry.

CNA reported the offences as 'sexual assaults' and edited their post after being told by AGC that there was no sexual assaults.

But it made little difference because few people knew that the post was edited and in any case, people's perception and emotions have already been shaped.

But we need to look at it objectively and refer to similar cases for a comparison.

The case

American MMA instructor, Joshua Robinson was jailed 4 years for having sex with two 15-year-old girls, one of whom returned multiple occasions after, for filming the acts for his own “perverse pleasure" and for showing an obscene film to a six-year-old girl.

Another 20 charge were taken into consideration during sentencing.

A Petition

A petition was set up that called for tougher sentencing. But AGC stood by the sentencing which was a good thing.

You should be very worried if AGC can be swayed by public opinion or that a judge's decision can be changed by public sentiments.

The independence of the judiciary is sacred. The judiciary must be able to function independently of interference from the government or the public, and its decisions respected even if we don't like their decisions.

Can you imagine the consequences if every time someone disagrees with a judgement, he can mobilize social media to put pressure on the courts to change the judgment? That will really make a mockery of our courts. Kudos to AGC for standing firm.

A look at sentencing in past cases of similar sex offences with minors

In all these cases, the offenders were sentenced to jail. There was no caning. The longest jail term in the listed examples was to a former teacher whose sexual relationship with his student started when the girl was 13 and lasted 5 years. The teacher had already made video recordings of his acts with the girl.

A person who commits rape is liable to caning in addition to a jail term.

Rape means 'without consent' or non-consensual.

Statutory rape takes place if the girl is under 14 years old, with or without her consent.

The punishment for statutory rape is a jail term and if the sex acts happen without the girl's consent, the offender is liable to caning as well.


Robinson's case:

1) No statutory rape

Because the two victims were above 14 years of age when Robinson committed the sexual acts with them, he could not be charged with statutory rape.

2) No Sexual Assault

Because the victims consented to the sexual acts, Robinson could not be charged with rape and outrage of modesty. By the same token, there was no sexual assaults.

Given (1) and (2), the prosecution charged Robinson with sexual penetration of a minor under 16 years of age, punishable under section 376A(2) of the Penal Code.

This was the most serious charge the prosecution could have brought against Robinson.

Keeping in mind that rape, like molest, is non-consensual, and offenders are liable to caning,

in Robinson's case, there was no rape. That is why caning is not part of the punishment.

What the prosecution took into consideration
In arriving at this sentencing position, the Prosecution took into account, among other things, the fact that by securing a guilty plea, the three young victims would be spared the trauma of having to testify and be cross-examined in a trial. 

This is an important consideration.

The details of Joshua Robinson's charges and sentences imposed as follow:

Another 20 charges were taken into consideration for the purpose of sentencing. The total sentence ordered by the District Court was 4 years’ imprisonment.