A kick in the gut from our courts
The following is anonymised commentary from the family of a victimised minor and Saving Children and Revealing Secrets, the child sexual abuse prevention charity
We are still reeling from a recent judgment on April 25, 2025, where judge Auralee Cassidy dismissed a case of sexual abuse of a minor because of the defendant's mental impairment. The judge stated she believes he did it and then proceeded to dismiss the case.
The defendant has obtained his GED, has multiple licences to drive and works full time. No doctor took the stand. This is terrifying, as we are now going to see the likes of him, Devaun Cox and Junius Caines free. What Pandora's box has been opened? The general public should be made aware, as this has made every defence lawyer's job very easy.
First, how brave of this young girl to testify about this sexual violation against her when she was just a little child? How brave of her mother and father to support her? That alone will help in her healing.
This article speaks to what we already know. Children don’t reveal right away. Why? Fear and shame. That’s only a bit of what perpetrators do psychologically to children.
There are so many things about this case that make our blood boil at Scars:
• This 26-year-old accused, whom a judge believes committed a sexual offence against a child, is free to roam our streets and neighbourhoods. No accountability and no protection for other children
• This case was reported to the authorities in March 2023 and did not get heard in court until April 2025
• Those who commit a sexual crime against a child and claim to suffer from mental impairment can be exempt from any consequence. (Just wondering how many doctors confirmed he suffered from serious mental impairment?)
• Those who commit sexual crimes against children and claim to suffer from mental impairment can continue to be a danger to children in our community
• How mentally impaired is the accused while it is believed that he has a GED, a driver’s licence and knew not to sexually violate a little child in public but rather in private?
People suffering with mental impairment should not know the difference between right and wrong, and thus are likely to commit crimes in front of other people. We hide our actions only when we know something is morally or culturally inappropriate. Child sex offenders who suffer from mental impairment do not hide their actions; that’s the litmus test for these types of sexual crimes against children.
So, after all of this, there are no restrictions on this “mentally impaired” accused? Not only does his victim, her family and all the agencies who investigated it know he did it, but also a judge believes he committed the offence.
If we want our young people protected in this community and if we profess to care about their wellbeing, then we need to build a facility as soon as possible to house those who suffer from mental illness and commit sexual crimes against children. They are all a risk and are likely to reoffend by abusing other children. How many scarred children will it take before we build a facility?
Are we sending a message to those that commit sexual offences against children that they can avoid punishment by pleading mental impairment?
Let’s not forget that this 26-year-old man may still have access to children. He most likely lives in a neighbourhood with children. We ask everyone in Bermuda, would you allow him to babysit your child or grandchild? Would you feel safe if you lived next door to him?
Scars believes we need continued enhanced laws, oversight and restriction of these types of individuals. We hope that those in the criminal justice system review this outcome in the interests of justice.
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