Activist condemns 'dark ages' sentence
A child welfare campaigner said she was “appalled” by comments made by a magistrate who handed a suspended sentence to a paedophile who sexually exploited a 12-year-old girl.Sheelagh Cooper branded the handling of the Joshua Crockwell case as being like something from “the dark ages”.Crockwell, who worked as a firefighter, was 20 years old when he got the child to attempt to give him oral sex after befriending her as she played outside her home.Handing Crockwell a 15-month suspended sentence on Tuesday, Magistrate Khamisi Tokunbo said it was not a case where the defendant “preyed” upon the victim.He expressed the view that “this young girl had to be protected from herself”.Responding to the comments, Mrs Cooper, executive director of the Coalition for the Protection of Children said: “This is a return to the dark ages. I am appalled. He should be removed from the bench for comments like that.“No wonder we are having a problem coming to grips with sexual abuse in this Country so long as we have this kind of message being sent by the judiciary.”Mr Tokunbo convicted Crockwell after a trial earlier this year, during which the victim was called as a witness for the prosecution.Prosecutor Tawana Tannock told Crockwell's sentencing hearing: “The psychological and emotional impact on the complainant and her family is extremely serious and unfortunate.”She suggested a prison sentence of 15 months would be appropriate, noting: “Parents and the community must be protected from those who prey on young people.”However, the magistrate refused to receive a “victim impact statement” from Ms Tannock because she failed to present it to him early enough in the proceedings.He also told the defendant that in respect of the victim: “I don't think you preyed upon her. I don't think you pursued her as such.“I don't think, as the Crown suggests, that society needs to be protected from you as a person who preys on young people. I don't know that you communicated with her for a sexual purpose. I didn't find that.”And, he said: “You and the young lady had an attraction to each other and I don't think this was a case where you lured her off. You were both interested in each other.”Mrs Cooper said: “The part that is most disturbing to me is the magistrate's conclusion that the two were attracted to each other.“That is beyond comprehension, that in this day and age anyone, much less a person on the bench, would be so out of touch with not only the law but also the mores of our society to find that to be a mitigating factor. What kind of message is this sending to all the potential paedophiles out there? That it's OK? Yes, that is pretty much the message.”Psychologist Carol Shuman, who is certified in the assessment of child and adult abuse and victim protection, said: “Of course, a 12-year-old is not intellectually, emotionally, or legally capable of consent, much less seduction.“The original 15-month sentence request, to begin with, in my opinion, is a mockery. Moreover, I believe that this decision shows no serious grappling with an alleged case of serious sexual abuse and fails Bermuda and the Island's children.”Crockwell's 15-month sentence was suspended for two years. That means he will not have to spend time in jail unless he reoffends in the space of two years. He must also spend two years on probation. The maximum sentence he could have been given was five years.Crockwell apologised to the victim and her family during the sentencing proceedings, describing his behaviour as “wrong” and “reckless”.Speaking after the hearing, a close relative of the victim told The Royal Gazette: “He should have a custodial sentence, immediately. I'm disgusted. I think that he took her vulnerability and used it against her.”She said she would urge the Department of Public Prosecutions to appeal for a stronger sentence.News of the case also prompted an online petition to be launched yesterday on the website www.change.org, urging people to e-mail the Attorney General's Chambers. The petition is called “Help Remove Khamisi Tokunbo as a Bermuda Magistrate: e-mail agc@gov.bm and express your disgust”.The person who started the petition did not supply their real name, but called themselves “Disgusted with Khamisi Tokunbo”. A total of 18 people, from Bermuda and overseas, had signed it by 7pm yesterday.The Royal Gazette contacted Mr Tokunbo, via a Government spokesman, inviting him to respond to the concerns raised. He did not reply.We asked Director of Public Prosecutions Rory Field whether the Crown would appeal the sentence. He replied: “The Department of Public Prosecutions is reviewing the matter to see whether we will appeal the 15-month suspended sentence.”Invited to respond to the concerns, Chief Justice Ian Kawaley replied: “As it is still possible that the sentence in question may be reviewed by the Supreme Court over which I preside, it would be wrong for me to make any comment on the relevant decision or its wider implications at the present time.”In response to a request for comment on the matter, Attorney General and Minister of Justice Kim Wilson said: “It would not be appropriate for me to comment on court proceedings that fall within the remit of the presiding judge or magistrate.”
Members of the public responded with outrage to a magistrate's decision not to jail a 20-year-old fireman who got a 12-year-old girl to attempt to perform oral sex on him.
Besides an online petition being launched calling for his resignation [see main story], our readers weighed in with their views on www.royalgazette.com. Here is what some of the bloggers had to say:
32n65w: “This man should be removed as a magistrate immediately. This is the most outrageous thing I have ever read in the RG.”
LaVerne Furbert: This case is disgusting. Magistrate Tokunbo should be made to resign immediately. Mr Crockwell needs to be behind bars. I do hope the prosecution appeals.
Nutley: “A suspended sentence for him, and a lifetime of emotional trauma and shame for the little girl, can this judge be serious?”
Johnny: “This is an embarrassment. Rulings like this will only force people to seek their own justice.”
Bermy Triangle: “Paedophile 1 — Innocence 0.”
Dee Tee: “Who is going to protect our young people? This child's voice was not heard. This is not good.”
Hollis145: “Our justice system seems to be in serious need of a comprehensive review with the intention of improving it in every area. Especially with regards to sentencing.”
Incognito: “This is a hard slap in the face to all those young children who were sexually abused. I am one of them.”
Really??: “It is absolutely disgusting that a judge, a judge of all people, expects a 12-year-old to carry even one ounce of the responsibility of this crime. He should be relieved of his duties immediately.”
Minealone: “This whole story just sickens me. I couldn't even read it in its entirety. What was that magistrate thinking?“How are we supposed to put our faith in the justice system when they allow someone like this to walk away?”