Sexual Offences Bill…

Nov 19, 2008 News

Increased penalties for persons that abuse ‘Position of trust’

Rape and sexual molestation are already classified as heinous crimes committed against persons, especially children. However, when it is committed by a person in a position of trust such as a guardian, pastor or caretaker, among others, it is even more atrocious.
As such the Minister of Human Services and Social Security, Ms. Priya Manickchand is seeking to maximize the penalties for sexual offences committed by such individuals.
Under the draft of the Sexual Offences Bill, there is a clause where a position of trust can be defined as, firstly, persons looking in charge of someone detained in an institution by virtue of court order or under an enactment such as persons detained in prisons of psychiatric facilities.
It will also include those taking care of persons in hospitals, independent clinics, a care home, residential care home or private hospital, a community home, voluntary home, children’s home or orphanage, among others.

Minister of Human Services and Social Security Priya Manickchand

A position of trust will also include persons in charge of the care of persons whilst receiving education at an educational institution (whether in the role of teacher or otherwise).
The position of trust title will also be attached to social workers, probation officers, coaches, instructors, babysitters, child-minders or one who in another welfare position has regular unsupervised contact with victim.
There will also be increased penalties for persons indulging in sexual activity with a person with a mental disorder by inducement, threat or deception; causing a person with a mental disorder to watch a sexual act by inducement, threat or deception; care workers: engaging in, causing or inciting sexual activity with a person with a mental disorder; care workers: causing a person with a mental disorder to watch sexual acts.
There is also embedded in the proposed legislation a clause that would make it an offence to lure a child for the purpose of sex.
According to Manickchand, although sexual abuse of children by strangers is less common, such offenders commonly look for ways of gaining the trust and confidence of children, and some have seen the possibilities of misusing the internet to befriend children for these purposes, through chatrooms and social networking sites.
Manickchand said that to tackle this ‘grooming’ both on and off the internet, they would seek to increase the penalties when persons utilize such measures for the purpose of having sex with that minor.
“It will be an offence for a person aged 18 or over to engage in a course of conduct with a child under 16 leading to a meeting where the adult intends to engage in sexual activity with a child…This enables action to be taken before any sexual activity takes place where it is clear that this is what the offender intends…The offence is intended to tackle predatory sexual behaviour.”