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02nd
February 2012
Are
Minors in Rape Cases getting the Care Needed?
The
way in which persons in certain positions operate
always irks me, sometimes to the point where
I become furious.
I turn my attention to the Director of Public
prosecution Mrs. Victoria Charles-Clarke and
her concern over the high number of criminal
cases in which persons are indicating that they
do not wish to proceed with the prosecution.
Her particular concern is in cases of sexual
abuse of minors. In several of these cases,
over the years, parents or guardians of the
molested minors have shown a disinterest in
prosecuting the case because of arrangements
made with the perpetrators. In most, if not
all those arrangements, money changes hands.
Several cases of rape involving minors and adults,
especially minors have ‘disappeared’
from the courts as a result of such arrangements.
What Mrs. Clarke is now saying is that whether
or not a parent or guardian or anyone for that
matter takes money in exchange for their silence
in a rape case, that case will not be dropped.
The case will go forth.
The Director of Public Prosecution made it clear
that such a practice is an offence under Section
371 and 373 of the Criminal Code of Saint Lucia
2004.
What I am furious at is this:
Why did it have to come down to a high number
of requests made to her office for her to come
out and so emphatically state that such a practice
will no longer be tolerated. Some people may
say better late than never but not me. A no-nonsense
DPP should have made such an announcement soon
after being appointed to the post. This means
that rapists who should have been in jail are
now enjoying life after paying their way out
of a situation that they, by all accounts, should
have been penalized for.
I now turn to the other side of the arrangement
the DPP did not talk about in detail, namely
the money that usually exchanged hands in these
deals.
Now let us be very realistic here. As much as
such the arrangement discussed above is outlawed
by the law of the land isn’t it better
for the minor that such an arrangement is made
other than simply jailing the rapist?
Before all you bloggers bury me hear me out.
I hope I am understood in what I am trying to
say here.
Make no mistake a minor who is raped will not
be the same person. That minor will be damaged
physically, mentally, emotionally and could
turn out to be quite problematic growing up
if he/she is not given the professional care
to counter the traumatic experience he/she has
gone through. Such a care is expensive. Is the
State willing to foot the bill in rehabilitating
that minor? The DPP did not say anything in
that regard.
Most of the cases of sexually molested minors
that reach the police come from poor families.
Those families do not have the money to pay
for the professional help their child will require
after such a harrowing experience.
The State has yet to make a statement that I
am aware of that emphatically points to its
ability to give free professional care to rape
victims. I stand correct if such a facility
exists. Someone may say what about the Crisis
Center? I say what about it? As far as I am
aware the Crisis Center is in need of experts
that could deal with victims who have gone through
such traumatic experiences. There is usually
a short fall in the type of services organizations
like the Crisis Center can deliver.
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That
also goes for the Division of Human Services
and Family Affairs which also has its many challenges
dealing with cases involving all sort of criminal
offences in which children are the victims.
Social workers are on record talking about the
impact such criminal offences has on our children
some of whom drop out of school for lack of
professional care.
It is in this light that to me an arrangement,
despite how unlawful it is in the eyes of the
law, can be used to properly repair the damage
caused to minors.
Here’s an example.
A minor is raped. The complaint is made. Police
prosecutes. The rapist goes to jail. During
the time the rapist is in jail what becomes
of the Child? Is the child being provided for
in terms of receiving the professional care
he/she so needed? If the minor is from a poor
family it is almost certain that that professional
help will not be forthcoming. Social workers
in the country could attest to that.
Here’s another scenario.
A minor is raped. The complaint is made. Police
prosecute. The rapist offers to pay a hefty
sum of money, say for example, anything between
$40,000 - $60,000. The parent accepts deciding
in her wisdom to spend some of that money on
the professional help her poor child will certainly
need.
Fast forward 15 years later. The minor is ‘cured’
after receiving the professional care and has
gone on to become a useful citizen. In the first
example the rapist has served his time and is
out. The minor he abused did not get the professional
care, dropped out of school at an early age
and now as an adult is still traumatized.
I could go on and on but the point is made.
Please be reminded that rape is an offence I
strongly condemn. I am not in support of any
rapist. I am just presenting the situation as
it is in Saint Lucia, which persons in authority
seem not to consider when they make pronouncements.
An ideal situation would be that the rapist
pay a sizeable amount of money and still spend
some time in jail. Should that rapist be unable
to afford the sizeable amount then a life sentence
should be given. To avoid a life time sentence
pay a sizeable amount and some jail time.
As we all know the decision makers in this country
are afraid to make bold and draconian laws to
stamp out draconian crimes. Therefore, we end
up with the present situation where persons
in authority make statements, giving the impression
that they are helping the persons that really
matter in such cases (minors). Let the truth
be told-they really and truly are not helping
at all.
Please
comment respectfully and responsibly as we
reserve the right to remove any comment we
consider inappropriate. Refrain from personal
attacks and using any offensive language.
Discuss
Story
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