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Government accused of knee-jerk reaction to punish sex offenders

Government's clampdown on sexual offenders is another step towards changing the concept that someone is innocent until proven guilty.

That is the view of Shadow Minister of Labour and Home Affairs Mrs. Lois Browne Evans who spoke out just before the bill was passed by the House of Assembly.

Mrs. Browne Evans was not the only member of the Opposition who sought to pick holes in certain clauses of the Criminal Code (Sexual Offences) Amendment Act 1992.

The PLP stepped up its criticism of the tougher laws, while supporting the general thrust of the legislation.

Mrs. Browne Evans said that the Government had responded to pressure from women's groups to change the laws in Bermuda.

And, speaking as a defence lawyer, she said: "If you continue to listen to the opinions of different groups you will reach the day when you say you must prove your innocence rather than the Crown having to prove your guilt.'' Shadow Environment Minister Mr. Julian Hall was outspoken, opposing the planned huge increase in sentences. It was often more effective to imprison sex offenders for short terms, he argued.

Other PLP MPs continued to underline the need for rehabilitative programmes to be in place when the laws come into effect.

But Health & Social Services Minister the Hon. Quinton Edness stressed Government's commitment to treatment.

And he said many programmes were already in place, including those for victims of abuse.

Yesterday the House of Assembly went into committee to pick their way through The Criminal Code (Sexual Offences) Amendment Act 1993 clause by clause.

The bill was introduced for its second reading last week by Mr. Edness.

Yesterday it was formally passed after a third reading, and will now go to the Senate, before coming law.

As well as increasing sentences, the proposed legislation, among other things, would replace rape with different types of sexual assault.

It would also make it possible for husbands and wives to be charged with the sexual assault of their spouses.

And there would be a new offence of having sex while knowing you were infected with AIDS.

PLP leader Mr. Frederick Wade said doubling sentences for offenders was the easy part.

It was more difficult for Government to put in place the treatment programmes for offenders, he added.

And he hoped Bermuda had not abandoned belief in treatment.

"We have been assured the new prison will provide opportunities for rehabilitation, and will have in place counselling.'' Mr. Wade said Bermuda needed to focus on improving the family structure, and the quality of life of its residents.

The break-up of families had caused a breeding ground for sex attackers.

Mr. Wade also said it was important for magistrates and judges to have a discretion with their sentences.

This would enable them to hand out jail terms which fitted the particular circumstances of an offence.

Mr. Edness answered Mr. Wade by emphasising Government's commitment to treating sex attackers.

But he pointed out treatment programmes did not guarantee the end of sex offences.

Programmes in other countries were "prototypes'', and the results were still being tested.

Mr. Edness added, however, he believed such schemes would reduce the risk of abuse.

On increased sentences, Mr. Edness said it was important to send a clear message to offenders.

And he argued the legislation reflected the outrage of women over such crimes.

Mr. Edness said rape was primarily a crime of violence, and not one of a sexual nature.

Mr. Hall attacked suggestions "bizarre and extremely long'' sentences would be more effective than shorter terms.

In fact the reverse was true -- shorter sentences were more rehabilitative, and a better safeguard for society.

He likened meting out long sentences to forcing people to be "incubated in a warehouse of criminality''.

Mr. Hall accused Government of a "knee-jerk'' reaction to sex crimes.

It was wrong to compel people to spend their youth behind bars.

"There are rational alternatives to prison,'' he said.

He added: "I personally and opposed to the massive increase in sentences, and I regret it is included in the code.'' MPs moved on to the proposed crackdown on the sexual exploitation of young people, which will carry jail terms of bettween five and 15 years.

Sexual exploitation of young people by a person in a position of trust also came under focus.

This will carry sentences of between five and 20 years.

Deputy Opposition leader Mr. Walter Roberts said abused people often became abusers.

It was, therefore, essential for Government to have statistics to know how often this occurred.

Mr. Wade criticised the community service programme, saying it was understaffed and underfunded.

Currently one officer had to deal with 45 clients.

Mr. Eugene Blakeney , MP for Hamilton Parish West, called for protection for those wrongly accused of a sex offence.

Some people may be "induced'' by other others into making certain complaints, he alleged.

Mr. Edness replied there was always a danger of people lying.

The final arbiter was the courts, although he hoped lies could be spotted by the "professional people'' involved in following up complaints.

Mr. Edness said Government did not have any hard statistics on abusers and the abused.

It was important not to assume there was always a connection between the two.

Mr. Edness said he believed the apparent increase in sex crimes was partially explained by a rise in reporting of them.

MPs also discussed clauses on the age of consent, and definition of assault.

Mr. Wade urged Government review the current age of criminal responsibility - eight.

This was obviously too low, and perhaps should be raised to 12, he suggested.

Mr. Stuart Hayward (Independent) warned about too many different laws for people between the ages of eight and 21.

This could lead to confusion, with youngsters not knowing where they stood under the law.

Mr. Edness, however, replied laws were not written to be understood by everyone.

It was for lawyers to draw up legislation, and responsible adults to explain them to youngsters.

Despite attacks from the PLP about the definition of sexual assaults, Mr.

Edness said that the deletion of the word "rape'' was important in bringing it into line with other assaults.

He also pointed out that sexual assaults by people with AIDS, HIV or Hepatitis B was now an offence and that gang rape was now in the act.

Concerning the new stiffer sentences for sexual offences Mr. Roberts said: "The Minister has indicated several times that these increased sentences will be a deterrent. I question that. It is probably to placate people who want harsher penalties.'' But Environment Minister, Mrs. Ann Cartwright DeCouto said: "The purpose of this legislation is not all about simply producing a deterrent it is also about producing punishment. This scheme is to give retribution.'' The addition of sexual assault in marriage as a recognisable offence was described, by Mr. Edness as: "A profound recognition and change of policy for this country, following Scotland, the US and Canada, Australia and the UK. He then went on to add clauses about corroboration and recent complaints not being necessary in court cases and that evidence of a complainant's sexual activity should not be produced as evidence in a sexual assault case.

Mrs. Browne Evans said that Government was changing too many laws because of pressure groups in the community.

Mr. Wade added: "You are removing an arsenal of defences available to a lawyer. The accused is left naked now without those bits of armour. Many of these changes have whittled away at the rights of the accused.'' The Minister also added that children giving evidence in sexual assault cases would be able to do so on video or behind a screen.