New bill aims to get tough with island's sex offenders
to radically toughen Bermuda's sex offence laws is passed in the House of Assembly this summer.
Under the new laws a person who commits a sexual assault in any way could be sentenced to life in prison if jurors find he or she wounded, maimed or disfigured the victim.
Currently buggery (or anal sex) is considered an offence of moral turpitude and carries a maximum sentence of ten years, while rape which is considered a crime of violence, carries a maximum sentence of 20 years.
Under existing laws a man who has sexually assaulted another male is not given as high a sentence as he would had he forced a woman to have sex.
Ruthburn Adverse Phillips, who was sentenced on Wednesday to three years for forcing a woman to have anal sex, could have been given a much longer term in jail had the new laws been in effect. He could have been sentenced to as many as 30 years, or even life, in prison.
"The change is long overdue,'' Women's Resource Centre (formerly the Rape Crisis Centre) chairwoman Mrs. Shanda Simmons said yesterday. "To a large degree buggery is even more degrading than rape because a large number of people consider it unnatural sex.'' She pointed out despite Ruthburn Phillips' three-year sentence he would be in prison less than two years for an offence which was basically rape. "Most prisoners serve only a third to two thirds of their sentence with time off for good behaviour.'' She said that an important change to the existing laws was making sentences for men found guilty of sexually assaulting other males, especially boys, equal to those handed down for rape.
"It's a shame there are so many young boys who have in effect been raped by men but the men are only charged with buggery.'' Health and Social Services Minister the Hon. Quinton Edness agreed with Mrs.
Simmons that the changes to sex offence laws should have been made a long time ago.
"I'm disappointed the proposed amendments have not gotten to the House sooner,'' he said.
Mr. Edness said he had anticipated bringing the bill before the House when it resumes on Friday for the summer session. However, because of last minute representations made by the Bermuda Bar Association he said he it was likely it would not be brought before the House before the end of May.
He said he was not expecting any major opposition to the bill.
But Shadow Health and Social Services Minister Mr. Nelson Bascome said a major concern of his was that the changes concentrated on making punishment harsher instead of providing for the treatment of sexual offenders.
"Treatment is more important than locking sexual offenders up for longer periods,'' he said.
Mr. Edness told The Royal Gazette last month that Government was not just proposing to increase penalties but taking an "enlightened route to engaging in programmes to treat sexual offenders.'' The bill proposes to replace the term rape with the following four offences: sexual assault, aggravated sexual assault, serious sexual assault and sexual assault by a person with a deadly disease.
Serious sexual assault is when the person threatens the victim, causes him or her bodily harm, or rapes the victim along with others -- gang rape. It carries a maximum sentence of 30 years.
Aggravated sexual assault, which carries a maximum sentence of life in prison, is when a person wounds, maims or disfigures his victim.
The proposed new laws will also make it possible for men to be charged with raping their wives and create an offence equal to manslaughter for a person with AIDS who rapes or has sex without telling their victim or partner they have the killer disease.