Justice Minister Cornelius de Weever
PHILIPSBURG-- Women (and men), who are subjected to sexual harassment in or out of the workplace currently have no recourse in the law, as this practice is not punishable by law in St. Maarten.
The country also does not have a sexual offenders registry, as is the case in countries such as the United States, so that persons can identify sexual offenders residing in their area.
Justice Minister Cornelius de Weever gave an insight into these issues while responding to questions posed by MPs on “sexual molestation cases, which have been surfacing in the media” during the continuation of a public meeting of Parliament on Friday.
In response to a question about sexual harassment in the workplace, the minister said, “In general, this is not punishable by law, but sending photos or getting physical, then this is something that the police can deal with.”
While there is no law on sexual harassment, De Weever said this is being taken up in the ministry’s year plan. “The Ministry of Justice never had a year plan before, so for 2019, we have made sure that each department has a year plan and these will be taken up in it as well. We look at it as evolving as we go along at times, because it is the first one, but this will be included as well.”
As it relates to sexual molestation, De Weever says laws are in place, but the victim must report the crime for the police to investigate. “If they do not report it, it is difficult for anyone to do anything,” he stressed.
Currently the police handle sexual abuse cases. If a minor is involved, the Court of Guardianship can be contacted if, for example, the minor has to be removed from the home. The victim is also referred to a psychologist for further assistance.
Many persons do not report sex crimes for varying reasons, including shame, dependency, legal status and because they try to resolve the case within their households. The minister said this could also be in religious organisations.
He said the country can do better by informing and educating the population on these types of crimes and prevention of the crimes. “In general, we have to look at all ministries to see how we can better improve the message that needs to go out regarding sexual abuse and molestation.”
As it relates to investigating sexual abuse cases, the minister said the law states that there must be a witness or physical evidence to investigate a case, and there must be legal and convincing evidence.
“A witness does not have to be someone who sees what happens, it can also be a confidant where a child has divulged information to another person and that person can be heard. It does not have to be someone who saw the offence taking place.”
He also said victim support services involving government along with the Ministry of Social Affairs, the Prosecutor’s Office OM, the Court of Guardianship and the police will be up and running soon. Preliminary meetings were held and the group has to now “implement and enact what they are supposed to do.”
According to the minister, it is easy for anyone to report sexual abuse. A minor can be accompanied by an adult or a person whom they trust. Persons can contact the police via their Facebook page or contact the Police Force to report these issues.
Once a sexual crime is reported, an investigation will start and once this has been completed, the case file is turned over to the Prosecutor’s Office, which will decide whether to take the case to court.
If the case involves a minor and the place of abuse is their home, the minor will have to be removed from the home. Minors are protected, as their names are not reported in the media. However, it is not possible to protect the identity of the person who is reporting the crime from the suspect, because De Weever says the law states that the suspect has the right to know who his or her accuser is.
When it comes to rehabilitating offenders, the minister said once they are sentenced and are incarcerated in prison, this is where they are rehabilitated.
A memorandum of understanding (MOU) was recently signed with National Institute for Professional Advancement (NIPA), which will be transformed into a service level agreement (SLA), in the coming weeks whereby the group that offers technical and training in construction, carpentry, roofing, masonry, electrical and plumbing, will start these courses at the prison. Inmates will be certified and will execute work that needs to be done on the Prison chapel. Inmates will be compensated for their work.
De Weever said this is part of the rehabilitation process, which will start in the next few months.
Once a perpetrator has been released, there is the option of electronic monitoring to ensure, for example, he or she is not in the location of the home where the victim lives, if he/she is not allowed to be in that vicinity.
De Weever said the country does not have a sex offenders’ registry. “The sexual offenders’ registry is typical for the US. We do not have it in our system. … It is something that we will have to look into.”
In response to a question about the possibilities of addressing the length of punishment as established in penal code, he said the Ministry of Justice and the Legal Department are busy amending the penal code and the new draft of the penal code process, which he said will be ready in about two weeks.
