This law is wrong
types in Bermuda. People who once remained silent are now willing to speak up and to take action, often at considerable cost to themselves.
Yet in one particularly nasty area, sexual offences, we believe the law actually encourages those who would offend.
Some years ago the reporting of sexual assault cases was restricted in the media in order to protect the identity of women victims. It was felt, correctly, as it turned out, that if women were not identified except in court then more victims would be willing to come forward, press charges and testify against the assailant. It was a sane and sensible move that has found favour in a number of countries.
However, it was not long before a male-dominated legislature decided to even things out and extended the law to protect the identity of accused males until conviction. The alteration seems to have assumed that men needed protection from women who might falsely accuse them for a variety of reasons. Apparently it was also felt that the stigma of accusation was so great that people wrongly accused would not be able to live it down, even if they were acquitted.
It was obvious to us when it was passed that it was a male chauvinist law designed by males to protect dirty male secrets. But much worse than that, the legislature extended the reporting restrictions to a much wider array of sexual offences, some relatively minor, than the generally accepted restrictions on rape and offences against children. This widening means that names cannot be reported until conviction in almost any case of a sexual nature. The law in Bermuda is much wider than in most other countries and, we think, much wider than Bermuda needs.
This newspaper objected at the time to what it saw as a defeatist situation but nothing has happened to rectify the law. Given the concern in the Country over abuse of all kinds, we think that Bermuda should, within reason, use all the weapons it has. We firmly believe that the risk of exposure is a strong deterrent in cases of sexual offences. As long as people think that their behaviour will be kept secret, then they are much more at liberty to attempt an offence. However, if they think that all and sundry will know their dirty secret in a place as small as Bermuda, then they are quite likely to think twice before they offend against a female, woman or child.
We have repeatedly pointed out that we believe a change in the law would be in the public interest but we have been unsuccessful. In this case we believe that the protectionist law actually aids those who would commit sexual offences. That being the case, we find it hard to believe that the Government is unwilling to move toward changes while we all sit around and express our growing concerns over abuse.
