Whose side is the judge on?

Dennie Quill, Guest Columnist

I must thank Carmen Clarke for her letter to the editor in The Gleaner of November 8 expressing outrage at the measly sentence handed down to a man who raped and attempted to murder a child. I remembered the incident, but I had not followed the outcome of the case.

As I recall the facts of the case, the taxi driver fully intended to kill the child, who was known to him, and by the grace of God she dug her way out of her would-be grave and escaped to face her tormentor. The heinous circumstances of this crime touched a nerve with me because this man was placed in a position of trust. He obviously hoped to hide his sick secret from everyone by killing the child. I find it unbelievable that the criminal got only 12 years in jail.

Something is awfully wrong with a justice system in which the courtroom can be seen as a sanctuary for predators. And in many of our sexual-offence cases, the justice dispensed in the courtroom is far milder than would be the case if the fate of offenders were determined by members of the public. What is the message our judges are sending to our children and our society?

Law enforcement should aggressively pursue sex offenders, juries must hold these criminals accountable for their actions, and judges should give them the maximum punishment to send a signal about how serious sexual crimes are considered in our society.

A man who rapes a child, strangles her and leaves her for dead deserves the maximum punishment that the law prescribes. The enormity of the crimes could only be punished by a life sentence, I submit. That is the only satisfaction that the victim and family members could derive from the psychological damage and long-lasting effects caused by such atrocities.

I have been informed that the maximum punishment for rape, and attempted murder during the commission of such rape, is a life sentence. That means the convict should serve a minimum of 15 years. Therefore, what mitigating factors led to the 12-year sentence?

Several factors

We know that the court must take several factors into account when deciding on the appropriate punishment. For example, if this was a first offence, if the offender pleads guilty and shows remorse. But given the cruel lengths to which this man went to conceal his crime, one is forced to ask: Could he have other victims?

One is never quite sure what happens to convicted sex offenders and paedophiles after they are released from prison in Jamaica. Could they possibly be in our classrooms interacting with our children? What about that man lurking in the park? Who monitors the public transport system, for example, to determine that the operators are fit and proper persons and are not convicted paedophiles?

Not only should sex offenders be punished to the full extent of the law for their inexcusable crimes, they should be ordered not to undertake any job that places them in a position of authority over children, and that would include transporting children. There should be lifelong supervision of convicted sex offenders.

Dennie Quill is a veteran media practitioner. Email feedback to columns@gleanerjm.com and denniequill@hotmail.com.