Give priority to sexual offence cases

JULIEN NEAVES

CHIEF Justice Ivor Archie said delays in sexual offence cases lead survivors to lose faith in the court process and their refusal to cooperate, and offenders are often not brought to justice.

He said the country continues to experience high levels of sexual violence and these are either under-reported or ineffectively dealt with. He explained most offences never come to the attention of the criminal justice system and, when reported, an insufficient number result in criminal proceedings.

Archie said, because of the structure of the court system there was a lengthy process for cases and therefore sexual offences cases should be prioritised. He reported that it takes, on average, more than two years from the report of the offence to the start of the trial.

He was speaking yesterday at the launch of Model Guidelines for Sexual Offence Cases in the Caribbean Region held at the Hyatt Regency Hotel, Port of Spain. The guidelines were created by the Judicial Reform and Institutional Strengthening (JURIST) Project in the Caribbean, an initiative of the Canadian government, and in collaboration with the Caribbean Court of Justice (CCJ) and regional judiciaries.

Archie said the guidelines would be used as a tool for magistrates, judges, police officers, court clerks and attorneys to better respond to sexual assault cases and to witnesses and survivors ensuring that vulnerable people receive the necessary support, have the best quality of evidence while also ensuring adequate safeguards for the rights of defendants. He explained some of the issues to be addressed by the guidelines, which are international best practices, included the reduction in case time, a reduction in the number of adjournments, improvements in police investigations, reformation of the court listing practices, and outlining what questions will and will not be allowed.

“I am confident that the implementation of these guidelines survivors of sexual violence will receive improved substantive justice. I have no doubt as we move towards the formalisation of a sexual offences court it will make a positive contribution to the development of the judiciary and result in the speedy adjudication of cases and the reduction of case backlogs over time and the improved responses to survivors that will enable their full participation in the justice system. It will increase offender accountability and reduce secondary victimisation.”

He extended congratulations to the government and the people of Canada for the initiative.