Video link evidence being considered
Government is exploring law reforms which could allow sex assault victims to give evidence by video link if they do not wish to face the accused across a courtroom.
According to Attorney General and Minister of Justice Phil Perinchief, technical and legal officers from his chambers "have indeed for some time now addressed their minds and energies in this direction."
The news came last night after politicians and campaigners highlighted the importance of such a measure, which could encourage more victims to go to court. In the UK, vulnerable or intimidated witnesses, including rape complainants, can give evidence by video link or from behind a screen if the court deems it appropriate.
In Bermuda, screens can be used to protect juvenile witnesses but not complainants in sex cases, who testify with the accused sitting just feet away and the public gallery often packed with supporters of the defendant.
Shadow Legislative Reform and Justice Minister John Barritt said provision in Bermuda for video-links currently only extends to accused prisoners in Westgate who can appear on a TV screen in Magistrates' Court in certain hearings.
Speaking before the announcement by Sen. Perinchief, Mr. Barritt said: "I would not be averse to examining whether similar practices should be made available to adult witnesses, particularly in cases of sexual assault."
In the recent trial of Kingsley Eugene Burgess, who was jailed for 30 years for breaking into a woman's home and raping her at knifepoint, the complainant appealed to the judge that she did not want to see his face.
Having been threatened by Burgess that he would kill her if she looked at him during the attack, the woman resisted a request by his defence lawyer to look at him in the nearby dock.
"To be perfectly honest I have never seen him and I don't want that person's face in my mind that I can never get rid of. I have very carefully not looked. Can I be compelled to look?" she asked the judge, who replied that she did not have to.
Penny Dill, executive director at the Women's Resource Centre, said giving evidence in court can add to the trauma that victims have already suffered in such cases.
"Sexual assault is the only crime where the victim is the defendant themselves," she said, referring to the way complainants can be cross-examined at length and have their behaviour called into question.
Speaking ahead of the Attorney General's announcement, she too said that giving live evidence over a video link would be preferable, as many people who report sexual assault pull out before the case ever makes it to court.
"If they can do it for prisoners in Magistrates' Court then why can't they do it for victims of crimes, especially in serious sexual assault crimes? We seem to be more concerned about the rehabilitation of offenders than we are about giving support to victims of crime. Until we do give the proper support to victims of crime we will have a situation where people are unlikely to report the incident," she said.
Confirming that video links are indeed being explored, Attorney General and Minister of Justice Phil Perinchief said officers from his chambers were looking beyond just sexual assault cases.
"Indeed, we have widened our remit to include young and otherwise 'vulnerable' complainants in our deliberations and accordingly will, in due course, invite representatives of those potential complainants," he said.
The Minister added that the reforms would be undertaken in conjunction with other changes such as those under the Police and Criminal Evidence Act, which was passed last year to modernise Bermuda's criminal justice system. It includes provisions such as a new video version of the traditional 'line up' ID parade that victims can participate in without being confronted with the suspect.
Sex assault cases: Video evidence considered
