Sherry-Ann McGregor
IN MARCH of this year, Sharon Hay-Webster's motion for the establishment of a sex offenders registry and for the general review of the laws in respect of sexual offences received overwhelming support from members on both sides of the House. Presentations from speakers made it clear that the issue has the potential for becoming so emotionally charged, we may lose sight of the objectives.
Australia, the United States of America and England already have sex offenders registries. In the United States in particular, all 50 states enacted laws which require sex offenders to register their whereabouts with the police. The law is nicknamed 'Megan's Law', for a seven-year-old girl from New Jersey who was lured into her neighbour's house, brutally raped and murdered. The perpetrator was her neighbour who, unknown to the residents of the community, was a repeat sex offender.
PROS AND CONS
The main reason given for the establishment of these registries in other jurisdictions is the high risk of recidivism, that is, that sex offenders will re-offend after their release from custody. This argument is usually supported by statistics. However, many are of the view that the notion that sex offenders ought to be monitored is contradictory to the principle that once an individual has served his sentence, he has paid his debt to society. The critics also argue that the registry creates a false sense of security within the community, because many sexual offences are committed by new, rather than repeat, offenders or by persons who are closely related to the victim.
INFORMATION IN THE REGISTER
The databases within most jurisdictions will contain the offender's name, work and home addresses, fingerprint, photograph and details as to the nature of the offence for which he was convicted. In some countries, blood samples for DNA testing are also required.
There is usually some limited period (e.g. 28 days) within which the offender is required to contact the local police to register after his release. Depending on the nature of the offence, he may be required to remain on the register for a number of years or for his lifetime. In any event, during the period of his registration, the offender may also be required to periodically re-verify the information on the database and notify the police of any changes as they arise.
It will be very interesting to see how the draft of the proposed legislation will address the following issues:
* Will it be an online registry, and how will it be financed?
* What sexual offences will require registration?
* Should access to the information be restricted, or open to all members of the public?
* Should juvenile offenders be treated differently than adult offenders?
* How long should an offender remain on the register?
* Should the provision of information vary according to the nature of the offence?
Sherry-Ann McGregor is a partner and mediator with the firm Nunes, Scholefield, DeLeon & Co. Send feedback and questions to lawsofeve@yahoo.com.
