SHOULD THE PUNISHMENT FOR CHILD MOLESTATION BE INCREASED?
To effectively have the laws of the Virgin Islands be a deterrent, the
penalty meted out to offenders has to be increased, according to
a government legal officer.
Crown Counsel in the Attorney General’s Chambers Mr.
David Abednego was one of the presenters on Thursday May 24th on a
panel discussing the topic “Child Molestation: What can be done to
alleviate the problem?” The forum was held at the Valerie O. Thomas
Community Centre in Sea Cow’s Bay and was the 3rd in a series coordinated
by the Social Development Department.
The other panelists were Dr. Maris Hodge-Wright, Director
of the Sandy Lane Centre; Sergeant Jacqueline Vanterpool of the Family
and Juvenile Unit of the Royal Virgin Islands Police Force and Mrs. Loralie
Connor-Noel, Superintendent of the Rainbow Children’s
Home. They discussed the psychological issues as it relates to molestation
in terms of the effects it has on children and adults, advice to
parents, how the police deals with molestation cases and existing legislation
to protect the victims.
Child molestation is described as inappropriate sexual behaviour
with a minor by a person who holds power over the event. Under
the Juvenile Act and the Criminal Code, a child is a person under the
age of 14 years and a juvenile is a person up to age 16. A
juvenile does not have the legal ability to give consent.
Persons who molest children are called pedophiles. The illness
is called pedophilia. “The effects on a child are varied,” according
to
Dr. Maris Hodge-Wright. She said some obvious ways of knowing whether
a child is being molested is by observing whether they are preoccupied
with sex; whether they experiment sexually, withdraw or become lost in
their own thoughts, display anger, become attached to someone who they’re
not usually attached to or whether the child becomes afraid of someone
they’re usually close to.
Dr. Hodge-Wright also spoke to some of the effects of molestation on adults,
especially women, who either become frigid or
promiscuous. She said some molested adults might have suicidal tendencies,
resort to self-mutilization, become addicts or wear a lot
of clothing.
“Pedophiles are usually people who have been molested
as children; when you know somebody who is molested, get them help,”
she
advised. In her presentation, Mrs. Loralie Conner-Noel strongly endorsed
parents to keep the lines of communication open with their children.
“Talk openly with children about appropriate sexual behaviour, teach
your child about sexual abuse…and most importantly, let your
child know they can talk to you without being judged or condemned.”
She outlined more signs of sexual abuse, to include excessive
bathing or poor hygiene, depression, anxiety, running away, eating
disorder, drug or alcohol problems and sexual activity or pregnancy at
an early age. “Children who have been molested frequently have more
specific systems,” according to the Superintendent of the Rainbow
Children’s Home. She said they copy adult sexual behaviour; persistently
sexual play with other children, themselves, toys and pets; unexplained
pains, swelling, bleeding or irritation of mouth, genital or anal area;
urinary infections or sexually transmitted diseases.
Mrs. Connor-Noel advised parents to believe their children,
give positive messages, respect the child’s privacy, be responsible
and
report the incident to the Police and get professional help for the child.
According to Sergeant Vanterpool of the RVIPF, the BVI has come a long
way in terms of dealing with complaints of molestation. She noted that
in 1986, some 80 cases were reported but the complainants withdrew 70%
of them and less than 50% of the remaining cases were actually prosecuted.
“Since the establishment of the Family and Juvenile
Unit, we have had an increase in specialized training, more arrests and
cases
successfully prosecuted,” she reported. In 1988/89, there were 10
indecent assault and sexual molestation cases and 9 arrests; there were
13 cases and 8 arrests and three cases reported so far for 2001. There
were four convictions in the 2001 March assizes.
The Police Sergeant however noted several problems facing
the Police when trying to prosecute molestation cases. Among these are
victims refusing to go to court to prosecute a loved one; the cases being
reported long after the incident resulting in lost evidence and
cases where a person might report the offence and initiate court action,
but later change their minds and not proceed.
Attorney David Abednego noted that what he had seen in the
last two criminal assizes in the BVI is that the majority of cases involved
sexual offences against females. He observed that the men committing the
offence were either stepfathers, boyfriends, uncles,
neighbours or one-night-stands and the punishment ranged from 7-12 years
in prison. “All of those prosecuted for sexual offences were found
guilty and immediately sentenced; no one got off,” the Crown Counsel
reported.
He pointed out that the maximum penalty for indecent assault
or gross indecency with a child is between 3 and 10 years. “(But)
my
submission is that to effectively have the laws be a deterrent, if we
really want to see such offences done away with, the punishment
has to be increased.” Mr. Abednego said the court has found that
it is easy to claim sexual offences and rape outside of statutory rape,
but difficult to prove. He said therefore, tough legislation must be in
place. He said the court would in fact prefer other social protocols in
an attempt to correct the problem of child molestation. But he said these
programmes would have to be ongoing and enforced in collaboration with
the relevant legislation.
[World News][What's New & Commentaries]
[BVI History, Attractions & Features] [Your Spot in the Sun]
[Legal][Contact Us][HOME]