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Sunday, July 27, 2025

Judge: We must minimise trauma to victims

by

2701 days ago
20180306

The prob­lems faced by the jus­tice sys­tem in its man­age­ment of sex­u­al of­fences and the treat­ment of com­plainants are mul­ti-faceted and there­fore re­quire a mul­ti-sec­toral so­lu­tion.

Chair­man of the Sex­u­al Of­fences Ad­vi­so­ry Com­mit­tee Jus­tice Mau­reen Ra­j­nauth-Lee said yes­ter­day that this was the main rea­son be­hind the Ju­di­cial Re­form and In­sti­tu­tion­al Strength­en­ing (JU­RIST) Project.

Fund­ed by the Cana­di­an gov­ern­ment, the JU­RIST Project seeks to im­prove court ad­min­is­tra­tion and the ad­min­is­tra­tion of jus­tice in the Caribbean re­gion by strength­en­ing the abil­i­ty of the courts and the ju­di­cia­ry to re­solve cas­es ef­fi­cient­ly and fair­ly.

Ra­j­nauth-Lee told the mag­is­trates and judges who at­tend­ed yes­ter­day's launch that the doc­u­ment con­tained the in­put of over 200 peo­ple and en­tailed over 15 months of in­ten­sive work.

Claim­ing it was "ro­bust, com­pre­hen­sive and most ap­plic­a­ble to cur­rent re­al­i­ties of the ad­ju­di­ca­tion of sex­u­al of­fence cas­es in the Caribbean," Ra­j­nauth-Lee added, "In its ef­fec­tive ap­pli­ca­tion, it pro­vides for the best ev­i­dence to be ob­tained in sex­u­al of­fence cas­es while min­imis­ing any at­ten­dant trau­ma on com­plainants and wit­ness­es as a re­sult of their par­tic­i­pa­tion in the ad­ju­di­ca­tion process."

Al­so en­dors­ing the doc­u­ment was Cana­di­an High Com­mis­sion­er Car­la Hogan-Rufelds, who said a 2017 UNDP/UN Women’s Study found that even though the Cari­com re­gion had made progress in pro­mot­ing gen­der equal­i­ty, sex­u­al vi­o­lence per­pe­trat­ed against women, girls and boys re­mains a sig­nif­i­cant prob­lem.

She said ac­cord­ing to an ear­li­er 2007 World Bank Re­port, the Caribbean had three of the top 10 coun­tries with the high­est in­ci­dence of rapes. The re­port al­so re­vealed that in nine Caribbean coun­tries, 48 per cent of ado­les­cent girls’ first sex­u­al en­counter was ei­ther “forced” or “some­what forced.”

Hogan-Rufelds said these and oth­er re­ports demon­strat­ed that the re­gion ex­pe­ri­ences high lev­els of sex­u­al vi­o­lence, the ma­jor­i­ty of which is un­der-re­port­ed and in­ef­fec­tive­ly dealt with by the jus­tice sys­tem.

She ap­plaud­ed the law in T&T which now places strict lim­its on the abil­i­ty of de­fence at­tor­neys to use the sex­u­al his­to­ry of the com­plainant to at­tack the sur­vivors’ cred­i­bil­i­ty.

With the Mod­el Guide­lines for Sex­u­al Of­fence Cas­es in­tend­ed to rem­e­dy a num­ber of ills, the Cana­di­an High Com­mis­sion­er said it was to be used as a guide for jus­tice sec­tor stake­hold­ers in­volved in the re­port­ing, in­ves­ti­ga­tion, pros­e­cu­tion and ad­ju­di­ca­tion of sex­u­al of­fences.

About the JU­RIST Project

It is a mul­ti-year project fund­ed un­der a $19 mil­lion Cana­di­an dol­lar arrange­ment with Glob­al Af­fairs Cana­da.

It is be­ing ex­e­cut­ed by the Caribbean Court of Jus­tice (CCJ) on be­half of the Con­fer­ence of Heads of Ju­di­cia­ry of Cari­com.

The CCJ and oth­er re­gion­al part­ners are al­so con­tribut­ing ap­prox­i­mate­ly $4 mil­lion Cana­di­an dol­lars to the Project.


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