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CPC wants Island’s sex offenders ‘named and shamed’ before conviction

A push to change the legislation that prevents the publication of the names of sex offenders leads off the list of priorities on the 2014 legislative agenda of the Coalition for the Protection of Children (CPC).

The child advocacy group has also called for that list to include the names of people charged with sexual offences before convictions.

Bermuda’s Criminal Code (Section 329c) currently protects and prevents the disclosure of the identity of convicted sex offenders.

CPC founder Sheelagh Cooper stressed that even after conviction “many still benefit from anonymity “if by publishing their name it could lead to the identification of the victim”.

“Indeed some of the most prevalent cases of sexual abuse against children occur within families and consequently the offender, even after being found guilty, continues to be protected.” Although she conceded that the “rationale behind this legislation is the protection of the identity of the victim”.

While she agreed that the victim’s identity must be protected, she said the CPC has met very few victims, or families of victims, who if asked, would want the perpetrators name protected, “even if it may lead to their identity being implied”.

Ultimately, she said the end result of the current legislation is that “these individuals continue to affect sometimes generations of children within not only their immediate family but sometimes well beyond”.

“We see no valid reason for protecting the identities even after a charge has been laid as no other category of offender is similarly protected from public scrutiny,” said Ms Cooper.

“If we take the view that a person should be protected from publicity until convicted then that privilege should be afforded to all categories of offenders not just sexual predators.

“A change in the restriction on publication would remove the need for a sex offender registry as all of the names of convicted sex offenders would then be properly in the public domain and a publicly available list could be maintained independent of Government or the police.

“One of the important roles that the Coalition is advocating for legislation and social policy to make our society a safer place for children.”

Also heading the list of CPC priorities is a push for the removal of the automatic prison release of inmates after two-thirds of their sentence has been served. And the CPC takes issue with the fact that the release occurs “without any restrictions and with no supervision”.

With the exception of those engaged in breaking prison rules, Ms Cooper said this release occurs “automatically whether the inmate has participated in any treatment programmes or not”.

With no strings attached and with no compliance with rehabilitative programmes she maintains that “many inmates elect to serve the entire two-thirds of their sentence without even exercising their right to apply for parole to avoid both treatment and supervision”.

“Indeed it is often the most dangerous of offenders who elect to do this,” she said.

“Inmates incarcerated for violent offences or predatory sexual offences who refuse to participate in appropriate programmes should either not be eligible for this automatic release or be subject to parole supervision for the remaining portion of their sentence.”

But she commended the Throne Speech promise by the new One Bermuda Alliance Government to introduce legislation mandating mediation in cases involving child custody disputes, access and child support issues that end up before the courts.

Moving forward she said the coalition is “assisting with the development of various models and approaches that will address the practical aspects of such a move”. But the push for a revision that strengthens provisions in law that provide for representation for the children trapped in the centre of these disputes continues.

The CPC will continue to lobby Government to “revamp, update and strengthen the provisions in the Children’s Act”.

“There must be provisions in place that allow for the appointment if either legal representation or a guardian to be appointed for children whose parents do not appear to be representing their children’s best interests, or when the court must make custody or access decisions in which the child’s views need to be heard or his or her interests protected independently,” said Ms Cooper.

“The current legislation is very inadequate in this area and has not kept pace with best practice in their jurisdictions.”

The CPC will also push for an all-out ban on the practice of incarceration for debt, something Ms Cooper called ‘barbaric’.

The child advocacy group will also push on with their social programme agenda, particularly as it relates to the expansion of the CPCs ‘Breakfast for Every Child Programme’.

The CPC published their ‘40 Point Plan For a Better Bermuda’ last year, which outlines a series of recommendations effecting education, financial assistance, child and family services, wage guidelines and the criminal justice system.

Of the 40 recommendations many require legislative changes but some only require changes in social or administrative policy.

Ms Cooper noted that those changes “can easily be amended within the civil service itself”.

The programme currently provides “every hungry child breakfast in five schools every morning”. Breakfast is provided at five more schools on a needs-basis in conjunction with the Southampton Seventh Day Adventist Church.

Two more schools will be added in September which will put the programme on target to serve 50,000 breakfasts in the new school year.

“We always welcome those who would like to volunteer their time to help feed breakfast to students in the mornings from 7.30am to 8.30am.

And plans are underway to expand the CPC family food storehouse due to increased demand.

“We are making an appeal to schools and grocery stores to assist in donating non-perishable grocery items. We are also looking for volunteers to help with the collection at various participating collection points.”

Other expansion plans include the CPCs summer camp initiative to ensure that children at risk are “constructively engaged” during the summer holiday.

The recent commitment by Government for mediation in Family Court disputes over children will also see the expansion of the CPCs Family and Peer Mediation Programmes with continued professional development for mediators.

The ‘Speak Up Be Safe Programme’ will also be introduced in two schools this year to “educate and empower children, equipping them with the skills needed to prevent or interrupt physical, emotional, or sexual abuse”.

“This programme is coupled with intervention and treatment for children who disclose abuse as well as support through the court process should prosecution be the result of the child’s disclosure,” said Ms Cooper.