LIFE FOR SEX PREDATORSBy Andre Bagoo Wednesday, February 8 2012
THE STATE will increase the penalty used to punish persons who commit the offence of cruelty to children by five times, imposing a ten-year prison sentence and a fine of $50,000.
The measure is contained in legislation which further proposes a series of new offences which will impose life in prison for the most serious offences involving children, including those involving relatives, teachers and clergymen.
The new Children’s Bill 2012, which was tabled in Parliament last week, proposes a more severe penalty on persons (both adults and children over 16) who are cruel to children.
Under Section 3 of the current Children’s Act, a person who “wilfully assaults, ill-treats, neglects, abandons or exposes (a) child in a manner likely to cause the child suffering or injury” commits an offence of cruelty and is liable to two years in prison and a $10,000 fine.
However, Clause 4(2) of the new bill proposes to increase the penalty to ten years in prison and $50,000.
Additionally, the legislation, which will require a special three-fifths majority to become law, introduces several new provisions for which the penalty is life in prison.
A new offence is proposed which will make persons who hold positions of trust over children — such as teachers, clergymen, relatives and even persons who live in the same house as a child — especially liable if they do that child harm by committing a sexual offence on them.
If a person who is deemed to be “in a position of trust” commits an offence under the proposed Part VI of the legislation, that person will be punished with life in prison.
A person in a position of trust is defined by Clause 30 and includes: relatives, constables, medical practitioners, nurses, social workers, teachers, scout masters, troop leaders, clergymen, spiritual leaders, drivers, sports coach; officials at child detention facilities, persons at foster homes, employees at institutions that provide services to children, people who live in the same house as the child and State-appointed guardians. Part VI includes offences which cover cases where a person: touches a child who is less than 16-years-old sexually (Clause 19); incites such a child to engage in sexual activity with another person (Clause 21); incites such a child to engage in sexual activity with an animal (Clause 22); does something sexual in front of such a child for sexual gratification (Clause 23); forces a child to watch a third party doing something sexual for sexual gratification (Clause 24).
Clause 18 of the bill proposes that all persons who sexually penetrate a child commit an offence and are liable, on conviction on indictment, to imprisonment for life. A person who pays to have sex with a child is also liable to life in prison.
Clause 19 (3) entrenches a new offence of touching a child sexually with the aid of an object. The offence is triggered once an object is placed onto the penis or a bodily orifice of a child. It is punished with life imprisonment.
Clause 21 proposes a new offence of inciting a child under 16 to have sex. Where the child actually has sex, the person who incites the child to so do is liable to imprisonment for life. Where the child does not the person is liable to 25 years prison on conviction on indictment.
Under the current law, a person who encourages the prostitution of a child or the seduction of a child is liable to imprisonment for five years. The new law proposes to increase that penalty to life in prison (Clause 12).
Other offences where existing penalties are to be increased include: attempting to procure a child for the purpose of paying to sleep with the child (25 years prison — up from ten years prison); allowing one’s child to beg (six months prison, $3,000 fine — up from three months prison and a $1,000 fine); exposing a child to the risk of burning ($10,000 fine — up from the current fine of $1,000); allowing a child to frequent brothels (ten years prison, $50,000 fine — up from five years and $30,000). Among the other new offences introduced in the legislation is an offence to deal with persons who engage with children over the internet’s vast array of social media networks in order to “groom” them for sex. Clause 25(2) stipulates that if a violator attempts to meet such a child after twice communicating with them, that person will be liable to twenty years prison and a fine of $100,000.
For the first time, the legislation also proposes to specifically make female genital mutilation of a minor an offence in this country.
Clause 9 (1) stipulates that “a person who excises, infibulates or otherwise mutilates the whole or any part of the labia majora or labia minora or clitoris” of a child is liable to 20 years in prison.
One exception to this rule is the case of surgical operations involving a medical practitioner who is acting in a manner deemed necessary for the child’s “physical or mental health”. The act does not elaborate on how this is to be determined and does not set out any special procedures for this to be adjudged.
Another new offence aims to punish persons in possession of firearms who allow children to get custody of them.
A person who allows a child to take possession of their firearm is penalised with 20 years in prison and a $100,000 fine if the child causes death or grievous bodily harm. Otherwise, the fine is ten years prison and a fine of $50,000.
The legislation generally defines a child as any person beneath 18-years-old. Under the new law, police constables will be empowered to make arrests in cases involving offences against children without warrant.
The bill also introduces measures to secure legal representation for children charged with offences by establishing the post of Senior Children’s Attorney (SCA). The SCA will be appointed by the Judicial and Legal Service Commission and will oversee a team of lawyers appointed to represent children before the courts.
The new measures come amid widespread concern over the welfare of children. There are currently several cases involving offences against children, including cruelty, before the courts.
