Campaigners seek greater freedom for media to name sexual offenders
The media should be allowed greater freedom to identify sex offenders in the absence of a public register, according to two campaigners.Sheelagh Cooper and Elaine Williams believe the community should be informed by the press of such criminals in their midst unless the victim requests a publicity ban.They were speaking out after Attorney General Kim Wilson said that Bermuda’s laws do not allow for a US-style sex offenders register where details of criminals living in the community are made available via the media and internet.While it is possible for members of the public to apply to the AG for information, a strict protocol allows this to be released only in certain circumstances (see sidebar).The Royal Gazette reported earlier this month that one father took matters into his own hands by launching a Facebook page called Bermuda Pedo’s (sic) which pictures and details offenders whose cases have been published.However, the media is currently banned by law from identifying sex victims which means perpetrators cannot be named where there is a risk of breaching this rule by detailing their relationship to the victim. Ms Williams, of the Women’s Resource Centre and Mrs Cooper, of the Coalition for the Protection of Children, would like to see the legislation changed.In a joint statement yesterday they said: “As has recently been demonstrated by the establishment of the Facebook page listing sexual offenders, there is no particular reason why this information cannot be made readily available to the general public by ourselves, the person behind the Facebook account, or anyone else, as the information concerning convictions involving sexual offenders is already in the public domain.“There is, however, one important exception to that if a sexual predator victimises a family member or anyone else who, by virtue of some relationship, their name if published could lead to the identification of the victim. (In these cases) the media are prohibited from releasing the name of the guilty party. An example of this would be if a father, stepfather or grandfather molests a family member. Regrettably, at least in the case of child victims, this accounts for the majority of cases.“While the stated reason for withholding the identity of the perpetrator is to protect the victim, the misguided legislation has the unintended consequence of protecting the perpetrator, and certainly not protecting the public.”Mrs Cooper said: “In all of the years that I have been dealing with cases involving child sexual abuse prosecutions I have yet to meet a victim or a victim’s parent or caregiver who, if given the choice, would want the perpetrator’s name withheld.“Surely if this is the case, the victims are being ‘protected’ against their will and the real beneficiary is the perpetrator himself. The result of course is that these individuals continue to affect sometimes generations of children within not only their immediate family but well beyond.”The campaigners explained that they would like to see the law changed to put the choice in the hands of those affected.“A small amendment in the legislation requiring the perpetrator’s name to be withheld only upon the request of the victim or the victim’s family would sort this matter out. In other words, it would only be upon the consent of the victim that the offender’s identity be publicised,” they said.They added: “Under those circumstances, we the public would no longer have to rely on requests to the Attorney General but could quite quickly access that information already in the public domain. Accordingly, we have made our position clear verbally and in writing to the Attorney General and we are hopeful that she will reconsider her position on this.”The Royal Gazette contacted Senator Wilson to invite her to respond yesterday. She replied to say she was in Cabinet, and was unable to provide comment by press time.
Members of the public need to be aware of their rights to request information about convicted sex offenders, according to the Women’s Resource Centre.
Although Bermuda does not have a sex offender register in the public domain as in the USA concerned citizens do have the right to obtain information in some circumstances.
Elaine Williams of the WRC, who has been discussing access to the information with Attorney General Kim Wilson, provided
The Royal Gazette with a copy of the protocol explaining the process.Any request for information must be made in writing to the Attorney General, who will make a decision after considering various factors and consulting the Commissioner of Police. A request can be made by anyone with a legitimate concern the protocol gives examples of a school principal concerned about a convict living near their school or an employer thinking of hiring someone.It states that there is a general presumption that information should not be disclosed because of the serious effect it could have on the offender. However, it says: “There is a strong public interest in ensuring that information about offenders can be disclosed where that is necessary for the prevention or detection of crime, or for the protection or detection of crime, or for the protection of young or other vulnerable people.”–It says each case should be assessed on its facts, including the risk posed by the offender, the vulnerability of those who may be at risk, and the impact of disclosure on the offender.An assessment conducted on behalf of the Commissioner of Prisons and the courts must be made available to the Attorney General who then considers whether to release the information, and whether the release should be made to an individual, group or the public at large.She must weigh up a number of factors including the impact of the disclosure on the persons at risk, and what use will be made of the information by those it is disclosed to.“In each case, the nature and extent of the disclosure will be a matter for the Minister’s judgment,” says the protocol.The release could be effected by way of face to face meetings with those who request the information, or via the broadcast and print media, depending on the circumstances. It could include information such as the offender’s age, race, sex, height, weight, hair and eye colour, home address, employer, vehicle and photograph.Ms Williams said: “The protocol has been established but no one is aware that it exists. What we hope to do is create an awareness that it does exist and explain who can utilise it.”The protocol was put in place in 2001. In September 2009, Senator Wilson revealed that no order for disclosure had been made since then. She has declined to comment in response to recent requests.
