Glenda SimmsThe sex offenders' registry
IN MANY jurisdictions in the North, the authorities have found it increasingly urgent to take drastic steps in order to deal with the vicious, dog-hearted human beings who continue to prey on children of both genders and rape women of all ages,
ethnicities and classes.
In the United States of America, there are many new sex offenders' laws, and the recent application of one such law was reported in the February 18, 2006 edition of the Edmonton Journal which carried a column taken from the Baltimore Sun. In this case, 46-year-old James Reigle of Harrisburg, Pennsylvania, was sentenced to life imprisonment for sexually exploiting young boys and posting the images of these sexual scenes on the Internet. In this instance, a historical precedence was set when "a convicted child molester became the first person in the United States to receive a mandatory life imprisonment under a new Federal sex offender law."
This sentencing is interpreted to be a signal of the aggressive approach to target sex offenders who prey on children.
According to the report, the presiding judge would have preferred to be able to use his
discretion in such cases.
DISCRETIONARY POWER
However, sometimes this
discretionary power of judges causes victims of sexual crime to lose faith in the ability of justice systems to truly understand the unique violation of individuals who were forced to have sex against their will.
A case in point was taken from the Associated Press in Rome and reported in the February 18, 2006 edition of the Edmonton Journal. This is the story of "Italy's highest court ruling that a man who raped his girlfriend's 14-year-old daughter could seek to have his sentence reduced on mitigating circumstances that the girl was already sexually active."
Predictably, such a ruling has caused an outcry across Italy. It is reported that UNICEF condemned the ruling as a decision that "seriously violates human rights and the dignity of minors".
Also, other judges in the Italian jurisdiction have argued that such a ruling is wrong and "would be cited as a bad example of a high court decision".
It is also reported that ministers and other legislators from across Italy's political spectrum condemned the ruling and one Cabinet Minister argued that such rulings "diminish the objective value of the crime of rape" and considers women as merchandise "where you make the difference between new and used".
The Jamaican state is now looking at these issues and is trying to find home-grown solutions to the crime problems of the society. The March 26, 2006 edition of the Gleaner reported that the House of Representatives unanimously approved a motion calling for the establishment of a sexual offenders' registry and the implementation of a programme for monitoring sex offenders.
This motion, piloted by Ms. Sharon Hay- Webster, the Member of Parliament for the South Central St. Catherine constituency, raised the possibility of harsh penalties, including life imprisonment, for sexual offenders.
From the print media's report, the strong support for this motion came from both sides of the House and was supported by both female and male politicians.
With such support and determination to move against persons who continue to use their sexual prerogative to pillage, rape, violate and murder women and children, the country is poised to join progressive societies that have put in place legal and social systems to deal with sex offenders.
Jamaicans are no longer in the mood to rationalise such bad behaviours, and they are certainly not prepared to sweep under the carpet the sexual depravity that is threatening both our standard of living and our essential human dignity.
The introduction of a process to establish a system to deal with sexual predators coincides with a growing frustration with the level of violence in the Jamaican society. In light of the apparent desire for justice and gender equality, the Government needs to educate the public about the contours and complexities of establishing and effectively maintaining a sexual offenders' registry.
To this end, I would like to share with my readers a number of issues that I gleaned from an August 2000 publication of the Centre For Sex Offender Management in the U.S.A. Many of these insights will help us in our search for justice and decency:
1. In our passion to hang them high, we must never be seduced by the notion that most sexual assaults are committed by strangers. On the contrary, most of these assaults are committed by someone known to the victim or the victim's family, regardless of whether the victim is a child or an adult.
This means that the shady stranger might not be the main listings on the registry. The majority of the sex offenders could well be the men and women in suits, the icons of the society, the untouchables amongst the upper 'cuts' and 'crusts'. Therefore, any reliable sex offender's registry in Jamaica must include the names of pastors and priests who violate little boys and girls in the church pews, in the choir and at the altar; the teachers who fondle the little girls and boys in their charge; the big man who turns up at lunch time to have sex with the helper against her will; the doctors who rape their patients; the 'hoity toity' business persons who buy sex from minors in establishments that put minors in prostitution; and the fathers, stepfathers and boyfriends who think that it is their god-given right and privilege to rape their daughters, stepdaughters, nieces, nephews; and the mothers of all of these.
2. Another discussion point with the public should highlight the fact that "the majority of sexual offenders are never caught, convicted or put in prison." Only a fraction of these criminals are apprehended or convicted. This is because victims are usually too afraid to report rapes, incest, carnal abuse or other sexual crimes, because their stories are usually not believed by friends, foes or family.
3. The Jamaican population also needs to realise that not all sex offenders are males. Some women are capable of and have been known to commit sexual crimes. However, the vast majority of sex offenders in all societies are males.
4. Another common myth held by even those who should have access to sociological and legal data is one which says that 'children who are sexually assaulted will sexually assault others when they grow up'. The reality is that most sex offenders were not assaulted as children and most children who are sexually assaulted do not sexually assault others.
5. Another fact that needs to be highlighted is that adolescents are responsible for a significant number of rapes and child molestation cases.
Here in Jamaica, there have been many stories of boys as young as 10 years being involved in gang rapes and other horrible criminal activities.
In the U.S.A., the Department of Justice gathers important data on juvenile sex offenders in order to put in place effective rehabilitative programmes.
In that system the young offenders are usually males between 13 and 17 and the majority of them exhibit 'learning disabilities and academic dysfunction'.
A public discussion of these and other related issues will help us to get a better understanding of why Jamaica needs a sex offenders registry that will make a difference in our social, political and legal systems.
Dr. Glenda P. Simms is a gender expert and consultant.
