By PAVEL BAILEY
Tribune Staff Reporter
pbailey@tribunemedia.net
A 61-YEAR-OLD man broke down in tears after he was acquitted yesterday of sexually assaulting of a 15-year-old teen girl at Baha Mar in 2021.
Henry Nixon Jr had been accused of having sexual intercourse with a tourist at a cabana near the resort’s pools on April 4, 2021.
Before jurors returned an 8 to 1 verdict yesterday, Justice Renae McKay noted the complainant alleged that the defendant offered her cocaine in the resort’s casino.
The complainant claimed she became afraid of him and took some of his cocaine after refusing him three times.
She claimed she immediately lost control of her body and that the defendant started to kiss her.
She alleged the defendant forced her to perform oral sex on him at the cabana before he put her on a couch, took out her tampon, and had sexual intercourse with her.
She claimed she passed out a minute after the defendant allegedly inserted himself in her.
The complainant’s father testified that he became aware that his daughter was missing around 3am. He said he heard his daughter crying near the pool’s cabana while searching the resort using an app on his iPhone.
He claimed he saw the defendant passed out naked on top of his daughter, who was lying in a fetal position.
He said after he allegedly pulled Mr Nixon off her, he yelled at the defendant, “you sick [expletive] get off my daughter! She’s only 15 years old.”
The complainant’s father claimed the defendant said he thought she was 21. He also claimed that
when he walked in, his daughter’s chest was exposed and her skirt was raised.
During Mr Nixon’s police interview, he admitted to talking to the complainant but denied having sex with her.
He told police the complainant told him she was 19 and started kissing him. He also claimed she asked for condoms, making him uncomfortable.
Keevon Maynard, the defendant’s attorney, argued that the complainant made up the incident to further a $10m lawsuit against the resort. He insinuated the complainants were gold diggers.
The attorney also said the complainant’s parents were negligent in supervising their child that night.
The complainant’s mother admitted that her daughter had been drinking that night on the casino floor. The complainant’s father also said he did not know it was illegal for minors to gamble.
In his closing remarks, Mr Maynard said there was no case against his client and no forensic evidence that sexual intercourse took place. He also said the defendant willingly cooperated with police and had no priors.
While DNA matching both the complainant and defendant were found on the defendant’s shoe, no semen traces were identified.
Dr Emmanuel Joseph, who examined the complainant the morning after the alleged assault, testified that he saw an abrasion on the teen’s inner vagina that could indicate sexual inter- course. He also said the complainant experienced some tenderness.
Video footage appeared to show the defendant and complainant conversing on the casino floor.
Justice McKay told the jury there were inconsistencies in the accounts of the complainant’s relatives about their time at the casino.
The jury consisted of seven women and two men. Mr Nixon’s family celebrated in court and embraced him after his acquittal.
He told The Tribune he was grateful for his lawyer’s work and expressed joy.
Neither the complainant nor her family were present when the verdict was read.
Davina Pinder prosecuted the case.
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