Attorney-General: child protection a priority
The Government has said it is looking to strengthen its child protection laws after the release of a repeat offender sparked concern in the community.
The Supreme Court last week released Devaun Cox on probation after he had served 21 months behind bars for a sexual assault which occurred less than a week after he was released for a previous sexual offence.
In a statement Kim Wilkerson, the Attorney-General and Minister of Justice, said she recognised the release of Cox had reignited concerns about how the system manages offenders who pose a risk to the community.
“I have received e-mails and phone messages directly from parents and grandparents alike since last Friday,” she said.
“I wish to reiterate that public safety remains of the highest importance.
“We are actively reviewing legislative and policy measures to strengthen child protection laws and ensure that Bermuda has the necessary tools to safeguard our precious children.
“I have, at the same time, commenced discussions with Debi Ray-Rivers of Scars, recognising that Scars is an important stakeholder in our efforts to review, modernise and be more responsive to the critical issue of sex offender treatment and rehabilitation.”
Ms Wilkerson said that sentencing and release conditions are determined independently by the island’s courts.
“In this instance, the Supreme Court ruled that Mr Cox had already served his sentence while on remand and, as such, was released under conditions of probation,” she said.
“Mr Cox is subject to an elevated level of monitoring and supervision, and his probation conditions include very specific restrictions to minimise risk.
“While the Department for Court Services does not publicly disclose individual release conditions, it can confirm that many of the measures outlined by members of the public are typically included in cases involving sexual offences against children.
“This includes restrictions on employment or volunteer work involving minors, avoiding child-centric spaces such as schools and parks, and prohibitions on possessing child pornography.”
Ms Wilkerson added that any violations of the release conditions would be addressed by the courts, which have the sole authority over enforcement and sentencing decisions.
“The ministry remains committed to working with all stakeholders — including law enforcement, corrections and child protection advocates — to ensure Bermuda’s justice system prioritises public safety,” she said.
Cox was sentenced to serve 12 months behind bars for an incident which took place on May 3, 2023.
The court heard that Cox told the victim, who cannot be identified for legal reasons, that she was looking “real good” and inappropriately touched her over her clothes.
The incident took place just six days after he had been released from prison for an unrelated sexual assault by Cox on a patient at the Mid-Atlantic Wellness Institute in 2021.
He was released on probation on January 3, 2024, after serving eight months of his sentence, but he was brought back before the courts on January 9, 2024 accused of breaching his probation by missing a mandatory meeting with his parole officer.
The offender was subsequently ordered to attend Drug Treatment Court, but was rejected by that court for failing to abide by its conditions.
At a sentencing appeal last week, the court heard that despite being sentenced to one year in prison, Cox had spent 21 months behind bars.
Puisne Judge Juan Wolffe allowed the appeal, extending Cox’s sentence to 21 months in prison, which he had already served, to be followed by three years probation with a number of conditions.
In a statement after his release, Scars — Saving Children and Revealing Secrets — said that efforts must be taken to protect vulnerable members of the public from repeat offenders.
“We expressed our concerns in 2023, and we hope and pray that legislation is being written or has been written that will very clearly state that if someone convicted of sexually assaulting a child breaches their conditions upon release from a facility which keeps children safe and protected, they go directly back to that facility with no release and no trial,” the statement said.
“If this is about mental illness, then build a facility as soon as possible. Advocate to defence lawyers that this is not about punishment, it’s about protection.
“Please Bermuda, let’s make child protection a priority.”
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