BASSETERRE, St. Kitts – WITH the recent rape of a seven-year-old girl, parents in St. Kitts have been made chillingly aware of the many vulnerabilities facing their children. Child sexual exploitation is not a new phenomenon in our small island. Director of Gender Affairs Ingrid Charles-Gumbs estimates that one in two women have experienced some form of sexual abuse as a child.
“Many child sexual abusers are repeat offenders who have either avoided prosecution or have been prosecuted, but still find ways to gain access to areas in which children are prevalent,” she noted. “To make matters worse, their true nature is often masked by seemingly innocent and charming personas.”
Charles-Gumbs’ assertion is unsettling. If sexual predators are lurking in disguise, then how can parents know whom they should trust with their children? Are their football and netball coaches trustworthy? Should they be allowed to play in that neighbour’s yard when no one is home?
Ensuring the safety of their children is a constant in every parent’s mind. So what can be done to reduce children’s vulnerability to sexual exploitation and abuse? Charles-Gumbs believes one of the answers is the creation of a national register of sex offenders.
Although research indicates that no OECS member state has such a register, developed countries such as the United States, the United Kingdom and Canada have all introduced legislation to do so. Our local laws do not contain a legal definition of “sex offender”; however, online encyclopaedia Wikipedia defines the term as “persons convicted of crimes involving sex, including rape, molestation, sexual harassment and pornography production or distribution”.
With the implementation of the register, convicted sex offenders would be required to register their information annually with the police. Details would include their name, date of birth, photograph, residence, place of employment and the crime for which he/she was convicted. This information would then be accessible to the general public.
“Someone moves in next door, they seem nice, you let your guard down and then either you or your children are taken advantage of. Cases like these happen all the time. Currently, you’d have no way of knowing what that person is capable of. But with the register, you can go online and research to see if you should be extra cautious around them. Persons have the right to know the risks these persons may pose to them and their families,” said Charles-Gumbs.
Figures released from the Department of Child Protection Services and the Royal St. Christopher and Nevis Police Force underscore the need for quick action. In 2007, seven cases of rape were reported. That figure doubled to 14 in 2008. In 2006 detected cases of unlawful carnal knowledge stood at 11. By 2008 the reported figure had increased to 22.
Reported cases of child sexual abuse weighed in at 11 in 2006 and ballooned to 27 in 2007. Although last year’s cases totalled only nine, statistics for January to March of this year show that seven cases have already been reported, almost equal to last year’s figure.
What makes the statistics even more alarming is that, according to Director of Child Protection Services Maurice Williams, the above figures are grossly understated.
“The reported numbers are not accurate because these cases are very underreported. With an educated guess, one can say the actual number of cases is more than double those reported. Child sexual abuse is a very prevalent ill in our society,” he said.
A number of logistical matters would need to be ironed out before the register could be created, one of which is the issue of who exactly would be required to submit their information and how long they should remain on the register.
Because many cases of sexual abuse are never prosecuted and many perpetrators are never charged, Charles-Gumbs and Williams think the Ministry of Social Development should maintain an internal, confidential register of persons who have repeatedly been suspected of perpetrating sexual abuse. This would be in addition to the national register which everyone would be able to access.
Both Directors also think that once an offender is registered, he/she should be registered permanently.
“The argument I’ve heard against putting their names permanently is that we would be labelling them after they’ve paid their debt to society. I say too bad; it’s a high price to pay for low-level behaviour,” said Charles-Gumbs.
Williams is in favour of the register, but he thinks there are other important steps that should be taken in conjunction with its establishment. These include greater policing of the legislation concerning sexual offences and placing greater emphasis on prosecuting the offenders.
“While there are very effective laws on the books, one of the difficulties we find is that we’re very good at enacting legislation but not enforcing it. Our greatest failure is that once we have the information we are not as aggressive as we ought to be in ensuring that perpetrators, once they are identified, are prosecuted. Once an offender is not caught and punished, it leaves the whole society open.
“My department has the responsibility of referring child sexual abuse cases to the police so they can conduct criminal investigations. We’re yet to learn of any concrete action being taken for many cases which are pending. So while the register is important, prosecuting offenders is equally so because that would determine its effectiveness and accuracy,” he stressed.
Police Sargeant Calvin Amory revealed that the force has a 79 percent detection rate for cases of sexual offences against children. However, he clarified that this rate only applies to the number of cases in which an alleged perpetrator has been charged. There is no reported percentage available for the number of these cases that have been prosecuted.
In 2007, the St. Kitts National Youth Parliament Association (SKNYPA) debated the Criminal Law Amendment (Amendment) Bill 2008; a bill outlining the penalties for and definitions of various sexual offences. The drafting of legislation to establish a sex offenders’ register was one of many recommendations put forward by the youth group.
Speaking to SKNVibes, SKNYPA member Jihan Williams said the group had compiled its recommendations into a report and submitted it to Attorney-General (AG) the Hon. Dennis Merchant for consideration later that year.
In October 2008 Merchant piloted the legislation through Parliament. However, the only change was an increase in the age of consent from 16 to 18. No mention was made of the register or any other of the group’s suggestions.
At a press conference earlier this week, Merchant was asked whether any of these changes would be included in the Bill when it was brought before the House for its second reading.
“It’s very possible [the Bill] will be in the House again sometime soon and I can assure you, these issues, including the register, will be addressed,” said the AG.
Barrister-at-Law the Hon. Dwyer Astaphan agrees the register should be provided for within the Bill, but he has a word of warning for its implementation.
“We would need to be careful with how the system is structured and how the system determines who goes on the register because it is an irreversible stigma. It’s a very heavy label for someone to go through life with. If our criminal justice system is not well-put together then persons’ names could be unjustly tarnished.
“In our small community, sexual offenders are at the bottom of the food chain. When they are imprisoned, they often have to be separated from the other inmates for their safety. When they leave jail, they are faced with society’s anger and alienation.
“I think the register is a good idea. But a delicate balance would need to be struck between protecting and informing society, and allowing the perpetrators to live peacefully after they have served their time in prison.”
