mercilessly violate woman and children.'' -- Health and Social Services Minister the Hon. Quinton Edness "Any deviant behaviour that does not fit the norm is castigated before people try to understand it.'' -- Mrs. Lois Browne Evans (PLP) "This kind of music can only result in a high motivation towards sexual acts...'' -- Mr. Nelson Bascome (PLP) on some pop music with sexually explicit lyrics.

"Even a prostitute does not deserve to be raped.'' -- Opposition Leader Mr.

Frederick Wade.

A bill creating tougher penalties for sex crimes was yesterday approved unanimously by MPs.

But the Opposition warned the move, described as a response to public protests, failed to ensure procedures for rehabilitation of offenders.

Health and Social Services Minister the Hon. Quinton Edness said the Criminal Code (Sexual Offences) Amendment Bill would remove the offence of rape and replace it with different types of "sexual assault'', applying to men and woman equally.

Instead of the present 20-year maximum sentence for rape, there would be a maximum sentence of 20 years for "simple'' sexual assault, a maximum of 30 years for "serious'' sexual assault'' and a maximum of life for "aggravated'' sexual assault.

The bill would make it possible for husbands and wives to be charged with sexual assault of their spouses.

It would also create a new offence, of having sex while knowingly infected with the AIDS virus or Hepatitis B, without first telling your partner. This would carry a maximum 20-year sentence.

An amendment to public health laws would require doctors to tell HIV patients about the new crime.

The Criminal Code Amendment Bill would also allow child victims to testify by video, protecting them from the trauma of a court appearance.

Other parts of the bill would relax the need for a victim's evidence to be corroborated, and make sure judges can decide whether evidence of a victim's past sexual experience should be heard.

Mr. Edness said the new law was a direct response to the increase in sexual abuse and rape against women and children.

He said it would send a strong message to would-be sex offenders. "It also reflects the strong feelings of both sides of the House that women and children are held in high esteem by this community and must be able to feel secure.'' It was hard to confirm if there really were more offences being committed, or whether victims were reporting them more.

"But the public is rightly outraged and demands that we try to put a stop to the increase in violent crime generally, particularly against women and children.

"This legislation is designed to protect everyone in our society - men, woman and children - from sexual abuse.'' It was relevant particularly in view of current discussions about sexual orientation, and fears expressed by some members of the public on that issue.

Mr. Edness recalled public protests about the sentencing of sex criminals, highlighting controversy in April, 1989 over a nine-year jail term for an HIV-infected rapist.

Government had responded with a committee of women's groups, Police, Government teen and social workers, hospital experts and members of the public.

The resulting new laws are based mainly on Canadian legislation, he said.

Committee members had decided four major areas needed review: a public education programme on sexual abuse and rape, better treatment of victims, development of treatment for offenders and legislation.

Mr. Edness said education is progressing, with organisations linking up and sharing information.

An important development concerned patients who come into hospital with injuries showing abuse or rape, he said. The hospital must now call Police, the Women's Resource Centre and a clinical pathologist.

This kind of back-up is one reason victims have more confidence to come forward, he said.

Very effective treatment for victims had been developed. Government was developing treatment for offenders, and hoped to employ a psychologist at the prison to treat sex offenders.

"We're persuaded that an effective sex offender programme will greatly reduce the risk of re-offending,'' he said.

Mr. Edness noted the Tumim recommendations to prevent people going to prison.

But he said: "There are certain types of crime that are an abhorrence to society and I believe it's right that the committee concluded that the sentences in the criminal law pertaining to sex offences should be increased.'' Mr. Edness said he accepts the view that it is impossible to pass on the AIDS virus through "simple kissing'', unless there is an open wound in one partner's mouth.

The new law is designed to cover that eventuality, he said. The law would also finally remove whipping from the Criminal Code as a punishment, although Government had already abolished the penalty "administratively'' to fall in line with the European Convention on Human Rights.

Government and the Attorney General are working to get video equipment for courts, he said. The previous Attorney General had rightly decided not to proceed with several child sex cases, because of the effect trials would have had on the children.

Opposition Leader Mr. Frederick Wade (PLP) said the bill covered the easiest part of dealing with violence - increasing sentences and making it easier to convict.

"That is an acceptable approach to the problem, but that by itself is certainly no answer to the problem we face.'' He wanted parallel laws to require the treatment and rehabilitation of sex offenders.

"Otherwise we're going to defeat the whole purpose. We would only be pandering to some extremists in the community who think the only answer is imprisonment.'' Mr. Wade said the sentencing provisions in the bill should not be brought it until rehabilitation provisions were in place.

"We're not going to object to the changes, but we say here and now that we don't like the changes because we don't think that long imprisonment does anything to rehabilitate anybody.'' Help to victims should also be stepped up to the "highest degree'', he said.

On the new offence of transmitting the AIDS virus, Mr. Wade said this could be "full of dangers''. Some scientists believe the virus cannot be transmitted in sweat or saliva but others do, he said. And new strains of the virus were being discovered.

He called for a greater effort on AIDS education for young people.

Mr. Wade said many sex crimes occurred in people's homes, and there had always been a problem of corroboration.

He welcomed the fact the Crown now did not have to corroborate cases of sex abuse.

This would make the prosecution's task easier, and encourage complainants to come forward.

Mr. Wade also applauded the fact that a complainant's past sexual life would not be scrutinised in court.

This again would encourage complainants to seek protection from the law.

A prostitute's sexual history, for instance, would not have a bearing on her complaint about being abused.

"Even a prostitute does not deserve to be raped,'' said Mr. Wade.

He added: "The laws will be some loss to the defence, who have to make do without these little tools, but perhaps society will gain because we won't have people who are guilty walking free on a minor technicality.'' But Mr. Wade warned about the pendulum swinging too much towards the prosecution.

It was important to ensure justice was done at the end of the day.

Mr. Wade praised the move to allow children to give evidence in court through a TV link, and behind a screen.

It was wrong youngsters should be intimidated from giving testimony, thereby allowing criminals to walk free.

"TV can be used in a creative way,'' he said, adding that it should also be used for Police interviews of suspects.

Mr. Wade also backed removing whipping from the statute books, as well as rehabilitation programmes for sex offenders.

But the Country would not solve its problems by simply doubling prison sentences, and building larger jails.

National Liberal Party leader Mr. Gilbert Darrell urged that the focus be switched to the reasons for sexual abuse.

And he deplored television programmes and magazines which stimulated people's sexual urges.

"I think we have got to create a situation where this sort of legislation is unnecessary.'' Mr. Darrell said MPs were doing their best to reduce demands for drugs.

But how many were prepared to ban magazines, and scrutinise television shows before they were aired? Mr. Darrell also stressed many perpetrators of sex offences were under-aged.

He said he knew of a case where a 13-year-old girl was living with an adult.

The Police, when alerted, refused to act because it was a weekend, claimed Mr.

Darrell.

Even under-age people were participating in illegal sex, he added.

When was society going to create an environment which discouraged sex abuse? Shadow Health Minister Mr. Nelson Bascome (PLP) said sex crimes had shot up dramatically.

Not only local people were suffering, but also tourists, he added.

Mr. Bascome criticised the sexual overtones in much of the music listened to by youngsters. This could explain some of their behaviour.

"This kind of music can only result in a high motivation towards sexual acts.'' Mr. Bascome said programmes such as The Young & the Restless gave inappropriate signals to the young.

Other programmes left nothing to the imagination, he added.

Mr. Bascome said paedophilia -- the condition of being sexually attracted to children -- "runs right through the breadth of the Country, and goes very much unrecorded''.

He mentioned the case some time ago of an adult who ran a programme involving youngsters.

"He carried out several unspeakable acts,'' he said and sometimes such acts had a permanently ruinous effect on children.

The proposed legislation probably wouldn't do much to strike at the root of the problems.

Mr. Bascome went on to raise the problem of testing prostitutes for AIDS.

He was concerned by a rumour about an AIDS-infected woman who came to Bermuda and slept around.

"There was no sign on her head saying she had the disease,'' he said.

Mr. Bascome said he often saw young ladies at street corners as he drove through Hamilton at night.

Environment Minister the Hon. Ann Cartwright DeCouto described parts of the legislation as a radical departure from what has been the case.

"We are replacing the concept of rape, which depends on the prosecution actually proving that penetration occurred, with the concept of sexual assault,'' she said.

Penetration was often incidental to the crime, she said and victims were often traumatised by the identity of the abuser -- perhaps a friend or relative -- and the violence of the attack.

She welcomed the abolition of corroboration from sex crimes.

There was no need for corroboration in murder, theft, arson, and brawling cases.

The argument that rape and sex abuse often took place in private was invalid, said Mrs. Cartwright DeCouto.

"So does a stabbing in an alley,'' she pointed out.

She went on to applaud removing in court the admissibility of such evidence as a complainant's past sex life.

The fact a complainant was not a virgin at the time of the alleged attack should not be used to imply she gave consent for sex to her boyfriend.

It was "archaic twaddle'' to allow this to be admissible evidence in court.

Mrs. Cartwright DeCouto said there appeared to be a growing number of sexual offences.

She did not believe the rise in numbers could be explained by improved reporting of complaints.

Mrs. Cartwright DeCouto deplored the tendency to downplay domestic violence.

Society had to remove this sexually-oriented view of marriage.

Violence inside and outside marriage should be viewed in the same light.

She continued by calling for an anti-stalking offence to be brought in. This would deter men from following an ex-wife or ex-girlfriend in an obsessive manner, designed to harass or instil fear.

"This can be a most terrifying thing to happen to someone,'' she said.

Mr. Harry Viera (Ind) described Mrs. Cartwright DeCouto's speech as one of the best she had made.

He went on to question the effectiveness of rehabilitation for sex offenders.

Rehabilitation had no proven track record, and it was important not to believe it was the answer to all the Country's problems.

Mr. Viera suggested the use of "DNA'', which can be used to identify individuals' blood types in curbing sex offences.

Mrs. Grace Bell (UBP) said society needed to empower young people, so they felt comfortable about their bodies, their sexuality, and experienced increased self-esteem.

Too many women, abused as children, or raped, went through life unable to talk about the horror they had suffered.

They took their secrets to the grave, suffering in silence.

Mrs. Bell, her voice croaking with emotion, said she knew of the case of an 11-year-old girl who had been raped by her step-father.

"We must empower people to say to others, `this is my body, this is my space, and nobody can take a liberty'.'' Mrs. Bell urged women who had endured such abuse to come forward and seek counselling.

"I say to these women, it is not too late.'' Childhood abuse had a devastating effect, leading to problems later on, resulting in lives and marriages falling apart.

Mrs. Bell suggested a hotline be set up to allow people to come forward, knowing what they said would be treated in confidence.

Mr. Stanley Morton (PLP) said he did not believe sex crimes were occurring more often than before.

"I don't think the situation is any worse today. I think we have greater reporting now.'' Mr. Morton said it was important for society to ask itself whether sex offenders could be corrected, and to be tolerant if the answer was yes.

He believed sex abusers needed to be treated psychologically and physiologically.

Mr. Morton said there could be no set time limit for rehabilitating sex offenders.

He called for education, and early detection, in curbing sex abuse.

Mr. Morton also traced male attitudes to women to the days of slavery, when masters believed they could act as they wished.

Mr. Stuart Hayward (Ind) said he entirely supported the bill, as far as it went.

"I am encouraged we are beginning to talk about it, and do something about it,'' he said.

Many sex abuse cases occurred in the home and there needed to be some way of dealing with the problem without splitting up a family.

Mr. Hayward believed the legislation did not go far enough in getting to grips with the problems.

It was important to address the reasons why women and children looked at themselves as vulnerable.

Sex crimes often contained a predatory element, whereby women were viewed as mere chattels.

Mr. Hayward welcomed the recognition of rape in marriage.

"I know many men who feel their wives are just to be at their beck and call for sexual favours, and have the right at any time for access.'' He also welcomed the call for an anti-stalking law.

Miss Jennifer Smith (PLP) applauded the move to wipe whipping from the statute book.

She also called for mandatory counselling for victims of sex abuse.

It was a fact that many abusers had been abused themselves as children, and it was important to break the cycle.

Miss Smith put on ice her support for longer sentences for sex criminals.

Her backing would come when rehabilitation treatment programmes were put into effect.

It was important for longer sentences and treatment to go hand in hand. People who committed sex crimes, after all, were sick.

Miss Smith also called for social services to get involved in school system.

Youngsters needed psychological help and counselling. This would also assist teachers.

The conclusion of the debate will be carried in Monday's newspaper. *l