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Efforts to protect child witnesses

Addressing Parliament: Governor Fergusson details the Bermuda Government's plans for further protective measures for vulnerable witnesses (Photograph by Akil Simmons)

A raft of legal reforms to encourage young and vulnerable witnesses to give evidence in court and update the penalties for sexual offences will be put before the House of Assembly over the next 12 months.

During yesterday’s Throne Speech, Governor George Fergusson also detailed how the Bermuda Government would look to review the 1968 Mental Health Act and address the absence of a secure forensic psychiatric unit on the Island.

“The Government will commit to identifying the resources needed to revamp the Mental Health Act and to identify a forensic psychiatric solution appropriate for the Island’s size and resources,” Mr Fergusson said.

The legislative framework for the Mental Health Court will also be tabled in the upcoming Parliamentary session, although the court has been operating successfully for the past two years with 40 individuals taking part in the programme.

The new measures were welcomed by Gina Hurst-Maybury, the director of Court Services, and Debi Ray-Rivers, the founder and executive director of the child abuse prevention charity Scars.

Ms Hurst-Maybury told The Royal Gazette: “It is great to see that the Mental Health Court is a priority.

“We have been working vigorously towards this and remain committed to seeing it through.

“It is also very encouraging to see that consideration will be given to a forensic psychiatric unit and a review of the Mental Health Act will be undertaken. It shows we are all moving in the same direction.”

Mr Fergusson’s address also contained details of new legislative measures that will allow for the use of video conferencing in judicial proceedings that involve vulnerable witnesses and children.

He said: “Further protective measures will be examined, including the admissibility of police interview evidence for vulnerable witnesses and their cross-examination by video link. Where warranted, this will help overcome the reluctance of witnesses to testify by allowing them to avoid the intimidation of appearing in open court.

“During this legislative session, the Ministry of Legal Affairs will bring forward reforms to eliminate inconsistencies in law pertaining to perpetrators of sexual crimes and their young victims.

“This overdue updating of the law will ensure that penalties for predatory sexual crimes against the most vulnerable segment of society are appropriate for sufficient redress and deterrence.

“It will also aim to protect young people against stigmatisation due to their victimisation and, where warranted, ensure that juvenile sexual experimentation does not fall into the same category as the most serious of sexual offences.”

Ms Ray-Rivers told The Royal Gazette she had been greatly encouraged to see the protection of vulnerable children addressed in the Throne Speech.

“Enhancing legislation to facilitate the use of videoconferencing will serve to decrease re-traumatisation of children as witnesses during judicial proceedings,” she said. “We are encouraged that the Ministry of Legal Affairs is advancing reforms to eliminate inconsistencies in law pertaining to perpetrators of sexual crimes and their young victims, our children.

“Each sexual offence against a child creates a victim and destroys lives. It brings security to a community when it’s laws hold offenders appropriately accountable for their actions.”

“We have been advocating for these types of changes since our inception, and it is good to see progress, however there is much more work to be done.”

Mr Fergusson announced that Government would review the system of child maintenance payments to improve the mechanisms available to enforce the collection and payment of maintenance arrears.

Plans to create an integrated family court to achieve more amicable settlements of family disputes were unveiled in yesterday’s Throne Speech.