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Baxter case highlights our failings

The sentencing of Wendell “Woolly” Baxter is a graphic reminder of a terrible chapter in the lives of at least eight young boys — and probably more — in our community.

While we have made some progress since those horrendous acts were committed, we have still a very long way to go.

1, A great deal more resources need to be allocated to the Vulnerable Persons Unit in the Bermuda Police Service. The VPU is no longer a free standing department and has been merged with two other departments, and one of the key inspectors in the department has been sent to the America’s Cup. The VPU plays a pivotal role in the investigation of child-abuse cases and ought to be returned to be a properly staffed and dedicated stand-alone unit.

2, Children who have been affected by abuse require specialised treatment over a significant period of time. For victims whose families lack sufficient resources this treatment needs to be provided by the Government. We recently had a case involving a very young girl who was raped who after a few weeks of counselling was told that no further government funds were available. Recovery from this kind of major childhood trauma requires considerably more than a few sessions of therapeutic intervention and funds should be set aside and used for this purpose.

3, The treatment of sexual offenders within the prison, or as part of a post-release follow-up, needs to be made a priority. There are a number of sexual offenders due to be released within the next two years who have received no intervention whatsoever. Because of the specialised nature of this kind of treatment, there have been long periods at Westgate when the treatment has not been available, as experts in this area are hard to find and hard to keep.

4, Most cases of child sexual abuse take a year or more to come to trial. This opens the door for the defence council to question the child’s memory, making the trial that much more difficult for a child witness. More importantly, a child cannot engage in any therapeutic intervention until after having given testimony at trial. The sooner a child begins treatment, the better the prospects are for recovery. Attempts must be made to reduce this long delay.

5, Another aspect of the trial itself that needs attention is the badgering of the child witness. Very little has been done to stop the practice and, although provision exists for the presentation of videotaped evidence, that provision is never exercised. Even the screen that the Coalition has provided to shield the child from facing the perpetrator is rarely used.

6, In Canada, the Supreme Court rendered a judgment referred to as the “Khun Decision”, which allows a parent, caregiver or significant person in a child’s life to give testimony as to what the child has revealed to them. In Bermuda, such testimony is considered hearsay and is not admissible in court. Essentially, this means that if a child reveals to someone significant the nature of the offence, but refuses to talk to a complete stranger — ie, a police officer — the child’s description of events cannot be used to charge an individual. Many cases never go to court for this reason and are labelled “unsubstantiated”. Indeed, more than 60 per cent of reported cases never reach the courts.

7, At the moment, most incarcerated paedophiles who have refused to attend the sexual offender treatment programme are automatically released after two thirds of their sentence. Prison Rule 32(C) 2 gives the Commissioner of Prisons the right to charge an offender with a violation of prison rules for not attending the appropriate treatment. Exercising this discretion would allow the prison to delay release to non-compliant sex offenders until the full expiration of their sentence.

8, The reluctance on the part of the Government to give the general public the names and locations of released sex offenders amounts to protecting them at the expense of our children. Provisions exist in law for public notification of information about sex offenders under section 329(2)(d). The protocol may include notification to the public and identifying information, including a photograph, as the minister may determine. The provision up until now has never been used, with the recent exception of The Royal Gazette on November 12 last year. While the Coalition for the Protection of Children is not necessarily advocating such a level of broadcasting, it is essential that the photograph and whereabouts are available to the general public in a central location such as the Hamilton Police Station.

The coalition has published its “legislative and policy agenda 2017”, which is designed to assist political parties in the next General Election to incorporate positive changes into their platforms. Many of the recommendations contained here are also contained in that document, along with many others. The document can be found on our website at www.coalition.bm or in hard copy from the CPC office.

Sheelagh Cooper is the chairwoman of the Coalition for the Protection of Children