Last week we commented on a recent survey that gauged the prevalence of sexual abuse in Bermuda. The survey found, among other things, that 29 per cent of the respondents said they had been sexually abused as children.

We also said that we would be making a series of proposals calling for attainable, practical and effective changes to further safeguard the children of the Island.

Today, we will address what happens when offenders convicted of sexually abusing a child finish serving a prison sentence for that crime and are released back into the community.

In Bermuda, we are unaware of any recent statistics which assess the risk that an offender convicted of a sexual offence against a child will reoffend by engaging in further instances of child sexual abuse after being released from prison. Current statistics from other jurisdictions suggest that the rate at which offenders commit further sexual offences against children by committing further sexual offences against children may be as high as 35 per cent.

That risk then raises the question of what measures are taken to monitor sex offenders convicted of abusing children after they have served their sentences and are no longer subject to parole conditions.

Under Sections 329E and 329F of Bermuda’s Criminal Code, the courts do have the power to order that an offender who has sexually abused a child be supervised in the community after that individual has served his or her sentence. The courts also have the power to place conditions on how such offenders must conduct themselves for a period “of ten years or more”. Where such a condition is violated, Section 329F also holds that the offender shall be guilty of an indictable offence and may be imprisoned for ten years.

The existing powers to impose a supervision order, however, are limited to cases where the offender has been sentenced to three years or more of incarceration and shall not be made where the individual has been sentenced to life in prison. Furthermore, if a supervision order is to be imposed against an offender convicted of sexually abusing a child, the order must be made at the time of sentencing.

It also appears that the powers already afforded to the courts to impose supervision orders are not being utilised, which is unacceptable.

When it comes to protecting our children from sexual predators we, as a society, must do everything we can to safeguard their interests within the confines of the law. If monitoring such offenders within the community entails expense, then it is a price that needs to be paid.

For these reasons, we at Scars and the Coalition for the Protection of Children, make the following joint proposals regarding those convicted of sexual offences against children:

1, That the judiciary use its existing powers to place supervision orders on all eligible sex offenders convicted of abusing children at the time of sentencing. Such orders should prohibit offenders from:

• Loitering near playgrounds, school yards, swimming areas and other areas frequented by children

• Photographing any person under the age of 18 years

• Sleeping in the same dwelling as a child who resides there

• Being employed or volunteering in any programme that serves children, including but not limited to athletics, performing arts, camps and religious instruction

• Riding public transportation when children are present

2, That the judiciary specify in all supervision orders issued against eligible offenders that:

• The Commissioner of Prisons shall issue a press release when the offender is about to be released back into the community which shall include a photo of the individual

• Members of the public may report any suspected violation of a supervision order to a police officer, who shall be a “specified person” per Section 329F of the Criminal Code

• The Bermuda Police Service shall be obliged to investigate all complaints and shall have the power to arrest a suspect after receiving credible information that the supervision order has been breached

3, That the legislature amend the Criminal Code to broaden the scope of the courts’ powers to make supervision orders against all individuals convicted of sexual offences against children that result in a prison sentence, including suspended sentences

4, That the legislature make statutory provision, allowing the court to impose retroactive supervision orders on those convicted of sex offences against children, where such orders were not made at the time of that offender’s sentencing

This is the first of a series of joint proposals that we will be making over the following weeks. Our aim is to spur the Government into making practical and effective changes that will provide meaningful protection to our children.

We accordingly ask that you, as the reader, consider our proposals and contact your Member of Parliament to demand change, if you agree with what we have to say.

• Allan Doughty is the chairman of the Scars board of directors and is a barrister who practises law with Kennedys. Kelly Hunt is the executive director of the Coalition for the Protection of Children.