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Tough sex offence laws approved

And Government senators stressed that the Criminal Code (Sexual Offences) Amendment Act 1993 will not only produce harsher sentences for sexual offenders, but is progressive as well.

But Opposition senators attacked the bill as incomplete and demanded Government respond to their calls for more rehabilitation.

Introducing the bill, Sen. Jerome Dill (UBP) said: "This is a dramatic departure from the way we have dealt with issues affecting women and sexual offences. Government remains concerned that there was this degree of public dissatisfaction.'' Sen. Dill said the new Act destroyed Victorian perceptions that a woman was the property of her husband. It was vital to introduce the Act now despite complaints that it was premature.

Although the Island has come a long way in the treatment of victims, Sen. Dill admitted that the Government and the community has not yet done enough for offenders.

He pointed out clauses of the Act which he says are vital to improve the situation in Bermuda, including offences against children, sexual assault by someone with AIDS and aggravated sexual assault.

He also said that dropping the need for corroboration, evidence of sexual activity and reputation along with the inclusion of sexual offences against a spouse as an offence were all steps forward.

"This is taking the Country forward into the 21st Century and away from out-dated thinking. Because of the way it attacks Victorian thinking, it simply could not wait,'' he said.

But Senate Opposition leader Sen. Alex Scott (PLP) said the bill was incomplete.

He stated: "The way people conduct themselves today is not the way they did, even in my recent past.'' He suggested Government should be careful not to react to extraordinary cases which may be out of step with normal cases.

"I suggest that we should have a comprehensive bill to address this complex subject,'' he said. "We believe that this bill should enshrine the concept of treatment and rehabilitation.'' He referred to the murder of a two-year-old in Britain by two ten-year-olds as an example.

Sen. Scott said: "In Bermuda we might have said, hang them, deal with them harshly, lock them up with an ice key on a summer's day.

"There has to be an enlightened approach to criminal activity, this is not because we are soft-pedalling or treating people with kid gloves. It's easy to change the numbers of sentences and far more difficult to change the behaviour.'' Sen. Joe Johnson (Ind) said: "We live in a world that has become increasingly violent and governments around the world have found it necessary to provide more laws to protect the public. Bermuda has not escaped the violence towards women and children.

"I agree that this bill would have been more complete if it provided sex offenders with rehabilitation as an alternative to prison. But we must demand that rehabilitation of sex offenders must be governed by the most stringent rules to ensure that those returned to society at totally cured.'' Sen. Wendell Hollis (UBP) said: "Anyone who does not look at this piece of legislation as extremely progressive, has a near-sighted view.

"Stronger sentences are only a small portion of this Act. There are many progressive areas as well. In some ways Bermuda is going further than many other countries including the UK.'' Sen. Hollis said the provisions of the Act would only be enforced in the future and much of Government's proposed rehabilitation programme is already in place.

Senate vice president Sen. Norma Astwood asked for more prevention rather than rehabilitation.

"This certainly takes us out of the Dark Ages and into the beginnings of looking at certain inappropriate and antisocial behaviour,'' she said. "It would appear to me far better to concentrate more on prevention rather than rehabilitation. Rehabilitation is costly, financially, physically and emotionally.'' A psychologist, Sen. Astwood said the long-term effects of sexual victimisation, such as depression, absenteeism, and suicide have "tremendous implications for the cost of health care in Bermuda''.

She called for a general change in the way Bermudians interact. "We've become sadly a very destructive and violent people. While sexual assault is one way in which it is demonstrated, it is only one way. The time has come when Bermudians of all persuasion need to pay attention to the ways in which we interact with each other, not only in our sexual behaviour but in other aspects of our behaviour as well, so the gentleness and gentility which we advertise overseas is felt among our own people on our own shores.'' Youth Minister the Hon. Pamela Gordon emphasised the need for prevention and education.

Referring to sections of the law dealing with unlawful sexual knowledge of girls younger than 16 or 14, she said many young women were sexually active by the age of 14 or even younger but were unaware they are parties to a crime.

While she said she was very encouraged by the law, there was potential for abuse. "There are many women who out of spite, out of vindictiveness will be out to get a man if he doesn't act or react the way they would like,'' she said. "There will be a minority who will take advantage of this kind of thing. I'm very seriously hoping that in our efforts to educate the young people we will educate the masses so that they will understand the seriousness of their actions.'' Sen. Ira Philip (PLP) said he was startled by reports he has heard about the amount of incest in Bermuda. "I can't for the life of me understand why a grown man has to molest a child two or three years old, or teenagers,'' he added.

"It is vital that we undertake a study to see the extent to which such things as incest...and other instances of sexual abuse against women are prevalent in our community.'' Government Senate Leader the Hon. Michael Winfield said while some sexual offenders are mentally ill, others are not, and to those the law "should send a loud, definitive message...that this sort of behaviour will no longer be tolerated, that sentences for such behaviour will be tough.'' He rejected Sen. Astwood's suggestion that Bermuda was becoming a violent society. The country is however, under stress, he said.

The Hon. Maxwell Burgess (UBP) noted rehabilitation is only successful if the offender wants help. He welcomed the sections dealing with sexual assault of a spouse.

In reference to Sen. Scott's remarks, Sen. Burgess said: "I think the PLP under a smokescreen are suggesting that they would let the status quo stay in place rather than dealing with the problems.'' Senate President the Hon. Albert Jackson said that the Bill was historic because it was the first to deal with AIDS. PHOTO Sen. Jerome Dill.