| Public Outcry: 4 Yrs in Jail for Buggery, Life for Rape |
| By Teshell Samuel |
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Basseterre High Court
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Lesser jail sentences for persons assaulting males in comparison to females has sparked public and official debate in the Federation.
Recently members of the general public have question the flagrant disparities between the punishments meted out for crimes against a female and those against a male.
In 2011 several men were sentenced to harsh prison terms after they were found guilty of a number of sexual offences committed against women.
High Court Judge Justice Errol Thomas ordered 21-year-old Emmanuel Mills to serve 21 years in prison for the rape of an adult female. Mills was said to have sexually assaulted the female while her niece, who was at the time 15 years old, looked on.
A case of unlawful carnal knowledge on a 13-year-old female involving Troy Hendrickson followed, and ended in a 10-2 guilty verdict earning him 20 years in prison. Cayon bus driver, Keithly Griffin, was found guilty of raping an underage female passenger soon after, and was also sentenced to 20 years imprisonment.
Rape is defined by law as having unlawful sexual intercourse with a woman without her consent by force, fear or by fraud; unlawful carnal knowledge speaks to this act being committed against a female under the age of 16. Both crimes are felonies, which are defined as crimes with great seriousness, and each carries a maximum sentence of life imprisonment.
At the lower end of the sentencing spectrum, is the case of Mario Harvey and Joseph Herbert also sentenced in 2011. Both men were ordered to serve the maximum sentence for buggery. When perpetrated against a male the crime is equated to the rape of a female, and is also a felony crime, however their prison terms would span only 10 years each. The maximum penalty for rape is life imprisonment.
On February 2 Douglas Anniel, 43, was ordered to serve the maximum of four years imprisonment in each case for the indecent assault of two young boys. Anniel will serve only five years and four months of the eight-year sentence, however, since his jail time was reduced by a third as a result of a guilty plea to both crimes.
This case highlighted the fact that while females could go from ten years to never again seeing their rapist, boys who are sexually assaulted could come face to face with their abuser in just four years.
As a misdemeanor crime, indecent assault carries a lesser punishment than that of a felony. The maximum sentence for an indecent assault committed against a male is four years while the same charge carries a maximum sentence of 10 years imprisonment if committed against a female.
Following Anniel’s light sentence, public debate has highlighted increasing concerns about the effectiveness of the various punishments. His jailing has brought the number of men imprisoned for an assault on a male up to three over a seven-month period.
The Observer spoke with Minister of Justice and Legal Affairs, Attorney General (AG), Hon. Patrice Nisbett who said the issue had been brought to his attention and would soon be dealt with through the amending of existing laws.
“After hearing the debate generated in the general public in relation to the punishment for indecent assault, whether committed against males or females, the government has decided to look into the matter with a view of ensuring that there is no disparity between the punishment when the offence is committed against either males or females,” the AG said.
“In going forward we will ensure that there is gender sensitivity and gender neutrality when it comes to punishing people if they commit the offences outlined.”
Nisbett revealed that the government would focus on the adjustment of punishments for the offence of indecent assault first before moving to the offences of rape and buggery.
“At present the thinking is to bring the punishment for the offence against a male in line with the penalty for that of indecent assault against a female.”
He said a “comprehensive approach” must be taken when addressing the latter offences to ensure that any adjustment made to the legislation will reflect equity in punishment.
In determining whether the rape and buggery penalties would be adjusted downward or upward respectively, the AG informed that he could not say at that point. He said some form of consultative process would have to be undertaken before a decision is taken as to whether there would be any adjustment in the level of punishment for rape or buggery.
No time frame has been given as to when a change in the laws would be seen however the AG informed that the necessary steps are already being made to address the situation.
“We are in the process of drafting the amendment and the idea is to have a first reading in parliament soon. We will ensure that this matter be put in parliament at the sitting following next week’s Assembly,” he said.
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