The minor child and her mother and other siblings are residing on St. Maarten illegally however; the only person that will be leaving the island is the victim in this case.
In an interview with head of the court of guardianship Joel Arrindell and the Social Worker handling the case said they advised the mother to send the child with her father who also has legal custody over the child. Arrindell said the mother of the girl is still legally married and her husband resides in Jamaica.
Arrindell said that the mother is the legal custodian of the 12 year old and she has the right to decide where her daughter must live. He said since the child is accusing her stepfather of molesting her and he lives at the house they do not believe it would be safe for the child to stay in the same house, reasons why they advised the mother to send her to her father since the child mother cannot guarantee her safety.
Arrindell further explained that even though the child will be sent back to Jamaica they would still be following the case. He said his office will make contact with their international partners and notify them why the young girl was sent back to Jamaica.
Arrindell said the police conducted the investigations and it is the police who have to determine if the suspect will be prosecuted. He further explained that the child was taken to the doctor and it has been determined that the youth is sexually active. However, he cannot say for how long the teenage girl is sexually active and with whom she is actively involved.
In the meantime, Chief Prosecutor Taco Stein said the child can indeed leave the island. He said that it is the judge of instruction who decided to released the suspect S.N. Stein said his office has not taken a decision as to if they will prosecute the suspect. "I do not even know if we have enough to take this case to court." Stein said.