Sex offenders to face tougher penalties
Tougher sentences for sex offences were given the green light by the Senate on Wednesday.
Introducing the amendment to the criminal code, Attorney General Sen. Larry Mussenden said: ?We have seen cases over the last few years where a defendant has been found guilty of sexual assault or one of the related offences and has been sentenced to what some people would see as a ?light sentence?.
?In fact, without going into details or specifics, some members of the community have expressed outrage at the Judiciary and Magistracy for the light sentences. We wish to be responsive to the publicly expressed concerns.?
Under the new rules, those being dealt with by a judge at Supreme Court for having sex with a girl under 14 will face a maximum sentence of 25 years compared with the current 15.
Sex with a girl between 14 and 16 could land the culprit with a 20 year sentence ? an increase on the current 15 year maximum.
The penalty that a judge can hand out for buggery will double from a maximum decade in prison to 20 years.
In addition, magistrates will also be handed stiffer sentencing options. They will be able to send someone who has committed an indecent act in the presence of children to jail for five years rather than the maximum one year currently permitted.
Intruding upon the privacy of women or girls will also see the maximum Magistrates? Court sentence jump from one year to five. That offence will now be able to be dealt with at Supreme Court, with a maximum ten year sentence.
The bill was passed by the House of Assembly on June 30 where some MPs called for mandatory minimum sentences for sex offences.
Sen. Mussenden rejected this, telling the Senate: ?We do not seek to impose such mandatory minimum sentences as the bill seeks to provide the courts with the tools to tackle sentencing in an effective way.
?Whether we like it or not, sentencing for sexual offenders must take into account a combination of matters for the successful punishment and rehabilitation of the guilty person. If they are not treated properly then they risk re-offending at a later stage. Mandatory minimum sentences may risk depriving the courts of imposing the proper sentence.?
Welcoming the new bill, United Bermuda Party Senator Gina Spence-Farmer said the sexual assault team at King Edward VII Memorial Hospital had already dealt with 27 cases this year and that cases are on the rise.
In one instance, she said, the victim had been a seven-year-old boy and in another an 82-year-old man.
She said one in ten inmates at Westgate said they had been sexually abused as children. She spoke of how she had listened to them detailing the devastating impact this had had on them during counselling sessions, and later said that a prison psychologist was needed at Westgate to work with sex offenders.
Opposition Senate Leader Kim Swan said that mandatory counselling for sex offenders should be considered.
While Government member Neville Tyrrell said he hoped tougher penalties would encourage people to report such ?despicable acts?.
Sen. Mussenden said he did not have information to hand about what treatment programmes were available in prison.
But he said that rehabilitation and prison officials would continue to make presentations to judges so they had adequate information on what treatment was available when handing down sentences.
