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BERMUDA | RSS PODCAST

Attorney General says the Common Law does not allow for a sex offender register

Bermudian laws do not allow for the Sex Offenders Registry to be in the public domain, according to Attorney General Kim Wilson.She further denied that she has been in meetings with interest groups to develop a protocol for the release of information, saying that the protocol has been in place since 2009.Several parents of young sexual assault victims have called for the sexual offenders registry to be available to the public, as with similar registers in the United States.During yesterdays sitting of the Senate, Ms Wilson said: “Whilst historically there have been demands from some segments of the community for a US styled sex offenders register in the wake of convictions for sexual offences, Bermuda’s laws, which are modelled on UK law, do not allow for the establishment of such a register.”She explained that information regarding sex offenders can be released on a case-by-case basis if it is found the individual presents a risk of serious harm to the health and safety of the public, an affected group of people or an individual.However there is a general presumption that information about sex offenders should not be disclosed due to its effect on the ability of the individual to live a normal life, the risk of violence against the offender and the concern that such attention would drive sex offenders underground.If an individual is considered a risk, Sen Wilson said that the responsible Minister must consider the facts of the case, such as the seriousness of the risk and how the disclosed information would be used.The Minister can elect to give notification to a specified group of people, an individual or the public at large. The Minister can also decide how much information should be released.“Generally speaking, the information that will be disclosed will depend on the purpose for which disclosure is made,” Sen Wilson said.“Where there is a risk that the offender could come into contact with vulnerable persons, the disclosure may be more extensive than to a prospective employer based in a remote location.“Notification to the public at large would normally be undertaken through the broadcasting and/or print media, although much would depend upon the particular circumstances in which a disclosure to the public at large was contemplated.”While Sen Wilson said that the law acts under the presumption that the individuals on the registry should not be publicly disclosed, she said convicted sexual offenders in the public are still monitored by the authorities.“The public can be assured that this category of offender is monitored as all convicted sex offenders who have served a term of imprisonment are required under section 329G of the Criminal Code to inform the police of their name and current address for ten years after their release,” she said.“The penalty for failing to provide this information is a maximum fine of $3,000 and/or a term of imprisonment for six months.“This Government shares the public outrage with respect to sexual predators and will continue to assesses the effectiveness of the current regime for disclosure in its aim to implement measures that will maintain public confidence in the criminal justice system and law enforcement with respect to this category of offender.”Since Bermuda’s Sex Offender Register was established in 2001 many have called on the register to be made public, with Opposition MP Louise Jackson saying it is “ridiculous” to keep the list secret.The issue of a public sex offender registry arose again recently after an anonymous father started a Facebook page, Bermuda Pedo’s (sic), which lists convicted sex offenders using publicly-available information. The page has been lauded by SCARS, a charity devoted to combating child sexual abuse.In the United States, law enforcement agencies can publish the names and pictures of sex offenders on websites under ‘Megan’s Law.’