| SEXUAL ABUSE OF CHILDREN AND THE ‘POLITICS OF RAPE’ |  |  |  |
| Written by Rickey Singh |
| Saturday, 14 April 2012 22:10 |
| -- Jamaica/Guyana examples Analysis by Rickey Singh WHILE JAMAICA is lamenting the high incidence of sexual abuse of children, there is political furore in Guyana over the decision of its acting Chief Justice (Ian Chang), to dismiss a submission by the Director of Public Prosecutions (??) for prosecution of Police Commissioner Henry Greene for commiting an alleged rape. The Chief Justice feels so offended by public political comments over his recent decision to reject the DPP’s case against the top cop that he has signalled his intention to  PRIYA MANICKCAHND Simultaneously, a militant women’s organisation in Guyana, ‘Red Thread’, has gone public with new concerns over the long delays in court proceedings against a politician and owner/operator of a private television station (CN Sharma) charged with claimed sexual molestations against a school girl and her sisters, members of a poor family. Rape is generally regarded as quite a challenging crime to establish in a court of law, but in the court of public opinion details often provided to the police and subsequently reported in the media continue to be a haunting nightmare for many families and communities across the Caribbean Region.  JUSTICE CHANG In Jamaica—as reported last Thursday by the Daily Observer- the Office of Children’s Registry (OCR) was lamenting the shocking news that at least 7,245 Jamaican children were victims of sexual assaults over the past four years, with perpetrators including even parents or guardians. Among the rape victims was a nine-year-old lad who, according to the OCR’s Dr Sandra Knight, had been repeatedly raped by a pastor. He was given J$20 each time the ‘pastor’ had sex with him. A number of these victims of sexual molestation have been diagnosed with sexually transmitted diseases, including syphilis, herpes and HIV. Blaming the frightening culture of “death to informers,” the OCR has frustratingly reported that it has no record at this  HENRY GREENE Sad situation This sad situation is not, however, a peculiarity of Jamaica in the Caribbean Community. For, to follow similar developments in other CARICOM states—Guyana and Trinidad and Tobago for example--it at times takes a mix of party politics and corruption by elements in law-enforcing agencies for revelations to emerge about the degrading cases of rape and  DPP BIBI SHALIMAR HACK Currently in Guyana, with party politicking a major factor driving public reactions, there is much furore surrounding the case of an alleged rape incident involving Police Commissioner Greene and the acting Chief Justice for ruling against the submission presented by the DPP for prosecution. In this particular case, it is felt that there seems to be the need for a separation of the Chief Justice’s rejection of the submission made by the DPP for prosecution, and why the top cop should not tender his resignation without any further delay, given the circumstances of his admission of having had sex with the  CN SHARMA The anger that has erupted, particularly from women’s groups and opposition parties, as well as a female cabinet minister over the Chief Justice’s decision to reject the DPP’s recommendation that the top cop be tried for rape, seems to betray a reluctance to come to grips with the reasoning outlined in his lengthy court statement. The unfolding preference is to sock “the messenger” for the “message” delivered. There is, of course, a distinction between disagreeing with a judge’s ruling and hurling condemnatory abuse at him/her In this context, the ‘Stabroek News,’ as a leading newspaper in Guyana, perhaps deserves to be commended for demonstrating the vital element of social responsibility of the journalism profession when it chose to publish, unedited, the full text of the Chief Justice’s decision. Basically, that a case of rape--as distinct from “sex by mutual consent”---had NOT been established against the accused Greene. Resignation? From an independent perspective, readers of the text of the Chief Justice’s decision would not require any special legal training to exercise a judgement in support of the position he took against the rape complainant. It would be a great pity, therefore, if the Chief Justice, who had long ago established a healthy reputation in Guyana’s legal profession and judicial system, should feel constrained to resign his office because of what he considers inaccurate and hurtful assumptions and conclusions about his decision. He has stated that his concerns were not over reactions from women’s groups or other civil society organisations but persons holding public offices, although he did not name them, they would include the parliamentary opposition leader, David Granger, and the female Minister of Education, Priya Manickchand. But, apart from the Chief Justice’s expressed deep disappointment with the criticisms levelled at his judgement, there is, on the other hand, the critical attention also on Police Commissioner Green. It is felt that in having been freed from facing a court trial for alleged rape, the Commissioner, by his own admission of having had sex with the complainant in the circumstances of their meeting, owes it to the very high office he holds to simply do the honourable thing of tendering his resignation. Mortar and pestle However well he may have previously preserved it, Greene’s credibility has been seriously compromised by the sexual encounter he had with the woman complainant and he is under increasing pressure to resign. And perhaps he should, although there appears to be more in the mortar then the pestle. After all, Commissioner Greene has been holding his post-retirement position amid political controversies involving him and the top cop he succeeded--Winston Felix- with whom working relations were known to have been quite poor. It so happens that Felix became a parliamentarian of the main opposition party, A Partnership for National Unity (APNU), following last November’s general and regional elections. So, welcome to party politics, law and justice in Guyana, as hope is kept alive for concerted action, as distinct from political rhetoric, in Jamaica to deal with the huge number of cases of sexual abuse against children. Also, for success in the latest effort by the Red Thread women activists to achieve a court trial of the television owner and politician, CN Sharma, who is facing charges of sexual molestation of children. For his part, Chief Justice Chang could perhaps be prevailed upon to give careful consideration about resigning from office because of what he views as unfair public comments designed to tarnish his reputation. Such a development may give joy to his critics but create a serious problem for independence, competence and integrity of the judiciary in Guyana. At the time of writing it could not be officially confirmed if there is precedent elsewhere in CARICOM for a Chief Justice, having rejected the submission of a DPP, to come under such public political pressure to warrant his consideration to resign. |