Wednesday, December 12, 2012
House approves sexual offences act
"PARLIAMENT yesterday approved the almost three years late regulations for the Sexual Offences Act despite heated arguments from some Opposition members who urged the withdrawal of the proposed regulations which they felt afforded more protection to rapists than victims."
"Although the Sexual Offences Act was passed in July 2009, it was not brought into effect in part until 2011.
The Act makes provisions for the prosecution of rape, and other sexual offences and further provides for the establishment of a Sex Offender’s Registry and a Sex Offender’s Register. Part VII of the Act, which makes provisions for the register and registry, has not been brought into effect as the consensus is that the two cannot operate without regulations in force to guide their operations."
http://www.jamaicaobserver.com/news/HOUSE-APPROVES-SEXUAL-OFFENCES-ACT
Way clear for sex offenders' registry
http://jamaica-gleaner.com/gleaner/20121212/news/news2.html
Showing posts with label JAM. Show all posts
Showing posts with label JAM. Show all posts
Wednesday, 12 December 2012
Wednesday, 17 October 2012
So Good, From Jamaica, We Will Post It All
Published: Wednesday October 17, 2012
Sex-offender registry an overreach
"Below is an open letter to Justice Minister Mark Golding.
I write to urge reconsideration of the proposed sex-offender registry in Jamaica. In the words of Yvonne McCalla-Sobers, "In a country as small and retributive as Jamaica, a sex offender registry can be the same as a vigilante directory. And women and children will still be sexually abused if we continue to focus on punishment rather than prevention."
Honourable Minister, as an attorney, I am sure you are aware that such a registry, even if private, violates a central legal tenet, which is that once an individual has paid for a crime, he should no longer continue to face sanctions.
A sex offender registry will expose a released sex offender to potential violations of his right to privacy. In Jamaica's small, close-knit society, which is highly motivated by vigilante justice (as seen from recent incidents surrounding alleged sexual offenders in western Jamaica), it is illogical to assume that the data on the registry will NOT be leaked to citizens. This will have disastrous consequences for alleged offenders AND their families.
I need not remind you of the recent incident in Zion, Trelawny, where an innocent heterosexual man was hacked to death, his home firebombed and his daughter savagely chopped up because a young gay relative (who had, in fact, left the community four months prior) was accused of sodomising and drowning two youngsters. The pathologist's report found no evidence of sodomy; however, this young man and his mother are now on the run for their lives.
The registry would also violate the principle of equality before the law, as there is no registry for even more egregious crimes, such as murder.
Further, if the registry is private, it will serve the same purpose of a police report, and is, therefore, unnecessary. Most employers in sensitive industries, such as childcare, already require police reports, which would capture the sort of information in a sex-offender registry.
Not by strangers
Finally, the registry will be futile, as evidence proves that most sexual offences are committed by close relatives and friends, and not complete strangers moving into the community.
There are many other arguments against a sex-offender registry, as found in the link below to a report on the subject produced by Human Rights Watch: http://www.hrw.org/reports/2007/09/11/no-easy-answers-0
I would, therefore, urge that instead of the Band-Aid approach being pursued in setting up a registry (giving the public a false sense of security that something is being done to address the horrendous cases of sexual abuse in Jamaica), rather serious consideration be given to the following recommendations proposed by Mrs McCalla-Sobers to prevent the sexual abuse of women and children:
1. Identifying the rape 'hot spots' (such as unlit streets and uncleared lots) and putting protective measures in place.
2. Identifying women and children who are vulnerable to rape and putting protective measures in place for them.
3. Studying those convicted of sex crimes, to identify what steps need to be taken to help youth to be socially responsible.
4. Educating parents, teachers, and the general public so they can recognise signs that a child is being sexually molested.
5. Providing help and support for sexually abused children and their families.
6. Educating children, parents, and the general public on sex and sexuality, and on appropriate and inappropriate touches.
7. Providing safe spaces where children and youth can be supervised out of school by caring and responsible adults.
8. Providing resources for trauma and grief counselling for rape survivors: boys and girls, men and women.
9. Implementing laws and international conventions to protect the rights of women and children.
10. Enabling the public to understand their contribution to justice as jurors and witnesses.
11. Ensuring the rights of victims and witnesses are protected before, during, and after trial.
12. Providing the police with the resources they need to enable speedy and effective collection of evidence.
13. Ensuring prosecutors have time and resources to provide the courts with evidence that can lead to conviction.
14. Organising court space, time, and personnel so trials can be prompt.
15. Ensuring that lockups and prisons return males to society rehabilitated rather than enraged and further damaged.
Maurice Tomlinson is legal adviser, Marginalized Groups, AIDS-Free World. Email feedback to columns@gleanerjm.com"
http://jamaica-gleaner.com/gleaner/20121017/cleisure/cleisure3.html
Sex registry needs further discussion
http://jamaica-gleaner.com/gleaner/20121018/cleisure/cleisure4.html
Sex-offender registry an overreach
"Below is an open letter to Justice Minister Mark Golding.
I write to urge reconsideration of the proposed sex-offender registry in Jamaica. In the words of Yvonne McCalla-Sobers, "In a country as small and retributive as Jamaica, a sex offender registry can be the same as a vigilante directory. And women and children will still be sexually abused if we continue to focus on punishment rather than prevention."
Honourable Minister, as an attorney, I am sure you are aware that such a registry, even if private, violates a central legal tenet, which is that once an individual has paid for a crime, he should no longer continue to face sanctions.
A sex offender registry will expose a released sex offender to potential violations of his right to privacy. In Jamaica's small, close-knit society, which is highly motivated by vigilante justice (as seen from recent incidents surrounding alleged sexual offenders in western Jamaica), it is illogical to assume that the data on the registry will NOT be leaked to citizens. This will have disastrous consequences for alleged offenders AND their families.
I need not remind you of the recent incident in Zion, Trelawny, where an innocent heterosexual man was hacked to death, his home firebombed and his daughter savagely chopped up because a young gay relative (who had, in fact, left the community four months prior) was accused of sodomising and drowning two youngsters. The pathologist's report found no evidence of sodomy; however, this young man and his mother are now on the run for their lives.
The registry would also violate the principle of equality before the law, as there is no registry for even more egregious crimes, such as murder.
Further, if the registry is private, it will serve the same purpose of a police report, and is, therefore, unnecessary. Most employers in sensitive industries, such as childcare, already require police reports, which would capture the sort of information in a sex-offender registry.
Not by strangers
Finally, the registry will be futile, as evidence proves that most sexual offences are committed by close relatives and friends, and not complete strangers moving into the community.
There are many other arguments against a sex-offender registry, as found in the link below to a report on the subject produced by Human Rights Watch: http://www.hrw.org/reports/2007/09/11/no-easy-answers-0
I would, therefore, urge that instead of the Band-Aid approach being pursued in setting up a registry (giving the public a false sense of security that something is being done to address the horrendous cases of sexual abuse in Jamaica), rather serious consideration be given to the following recommendations proposed by Mrs McCalla-Sobers to prevent the sexual abuse of women and children:
1. Identifying the rape 'hot spots' (such as unlit streets and uncleared lots) and putting protective measures in place.
2. Identifying women and children who are vulnerable to rape and putting protective measures in place for them.
3. Studying those convicted of sex crimes, to identify what steps need to be taken to help youth to be socially responsible.
4. Educating parents, teachers, and the general public so they can recognise signs that a child is being sexually molested.
5. Providing help and support for sexually abused children and their families.
6. Educating children, parents, and the general public on sex and sexuality, and on appropriate and inappropriate touches.
7. Providing safe spaces where children and youth can be supervised out of school by caring and responsible adults.
8. Providing resources for trauma and grief counselling for rape survivors: boys and girls, men and women.
9. Implementing laws and international conventions to protect the rights of women and children.
10. Enabling the public to understand their contribution to justice as jurors and witnesses.
11. Ensuring the rights of victims and witnesses are protected before, during, and after trial.
12. Providing the police with the resources they need to enable speedy and effective collection of evidence.
13. Ensuring prosecutors have time and resources to provide the courts with evidence that can lead to conviction.
14. Organising court space, time, and personnel so trials can be prompt.
15. Ensuring that lockups and prisons return males to society rehabilitated rather than enraged and further damaged.
Maurice Tomlinson is legal adviser, Marginalized Groups, AIDS-Free World. Email feedback to columns@gleanerjm.com"
http://jamaica-gleaner.com/gleaner/20121017/cleisure/cleisure3.html
Sex registry needs further discussion
http://jamaica-gleaner.com/gleaner/20121018/cleisure/cleisure4.html
Sunday, 7 October 2012
Ah Well, Better Than Some Things
Sunday, October 07, 2012
No name and shame for sex offenders
"New regulation proposes confidentiality
UNDER the Sexual Offences (Registration of Sex Offenders) Regulations (2012) proposals, tabled in the Senate on Friday, all information on sex offenders will be kept secret and confidential.
However, there will be restricted access for select groups of persons, including the police, employers, employees and relatives, based on a three-tier information system.
The proposed regulations state that tier one information — the highestlevel — can only be accessed by the police, professional counsellors, prospective employers, managers of educational and health institutions at which the person might become a student or patient, a parent, guardian, caregiver, nearest relative, or someone in association with the offender.
However, in considering whether one has legitimate interest in tier one information, the registrar will have to consider whether there is reasonable cause for disclosure."
http://www.jamaicaobserver.com/news/No-name-and-shame-for-sex-offenders_12708699#ixzz28bACatP0 disclosure."
Gov’t, Opposition back legislation for sex offenders’ registry disclosure."
http://www.jamaicaobserver.com/news/Senate-okays-legislation-for-Sex-Offenders--Registry--Parenting-Commission_12744965#ixzz29BcCRtD8
No name and shame for sex offenders
"New regulation proposes confidentiality
UNDER the Sexual Offences (Registration of Sex Offenders) Regulations (2012) proposals, tabled in the Senate on Friday, all information on sex offenders will be kept secret and confidential.
However, there will be restricted access for select groups of persons, including the police, employers, employees and relatives, based on a three-tier information system.
The proposed regulations state that tier one information — the highestlevel — can only be accessed by the police, professional counsellors, prospective employers, managers of educational and health institutions at which the person might become a student or patient, a parent, guardian, caregiver, nearest relative, or someone in association with the offender.
However, in considering whether one has legitimate interest in tier one information, the registrar will have to consider whether there is reasonable cause for disclosure."
http://www.jamaicaobserver.com/news/No-name-and-shame-for-sex-offenders_12708699#ixzz28bACatP0 disclosure."
Gov’t, Opposition back legislation for sex offenders’ registry disclosure."
http://www.jamaicaobserver.com/news/Senate-okays-legislation-for-Sex-Offenders--Registry--Parenting-Commission_12744965#ixzz29BcCRtD8
Subscribe to:
Posts (Atom)