Short sentences for sex offenders cause outrage

The seemingly light sentences being handed down to sexual offenders in the nation's courts have enraged some.

Last week, in the St James Circuit Court, four persons convicted of sexual offences were sentenced to two to five years' imprisonment.

Their crimes included rape, forcible abduction, having sex with a minor and incest. On Thursday, a St Elizabeth resident, Ian Daley, was fined $120,000 or three months' imprisonment after he was accused of sexually assaulting a minor.

Gender advocate Nadeen Spence said these sentences are an insult to the victims, and discourage those who are suffering in silence from coming forward.

"It trivialises the sexual abuse of women, women abuse, and women maltreatment in any way doesn't come as a huge issue to the court system. It trivialises their attempts at justice, it sends a clear message that women and girls should shut up and take what they get," she said.

IS CONCERNED

Spence said that she was neither surprised nor disappointed "because our court system operates with the idea that women and girls are responsible and should be held accountable for their own sexual abuse".

Children's Advocate Diahann Gordon Harrison is concerned about the effects these sentences will have on the victims.

"When you're talking about a fine for someone who is alleged to have molested a child, as children's advocate, it would be a very difficult discussion to have with any parent who has gone through the process, and have their child participate in the process, that even though this is said to have happened, even though there clearly must have been conviction, there was a fine given, and not necessarily a term of imprisonment given," she said

Founder of Hear The Children's Cry, Betty-Ann Blaine, believes that the judiciary has a crucial role to play.

"When these criminals face our courts, and the evidence is there ... the sentence has to be stringent to send the kind of message throughout the length and breadth of Jamaica that we are taking this matter seriously. The children need to hear as well that we are serious about (protecting) them," she said.

Mitigating factors

Justice Minister Delroy Chuck, in attempting to explain the rationale for the sentences, said that with a sexual molester, a severe sentence is usually appropriate.

"The judge will usually start from that consideration, but there might be many other mitigating factors that cause the judge to impose a non- custodial sentence," he said

He said that most sentences are imposed based on the circumstances of the case, and oftentimes after a social enquiry report.

"One thing I know bares heavily is whether the accused pleads guilty, and is known to the victim," he said

Chuck also said there's the issue of overcrowding the prison system, which may cause the judge to give lighter sentences, especially to those who are first-time offenders.

"We cannot ignore the fact that our jails are overcrowded, and therefore packing the jails with offenders who are not necessarily violent or persistent offenders within the society is not in the public interest," he said.