Dominica has ‘the most stringent and comprehensive Sexual Offences Act’ in CARICOM and the OECS says DPP

Dalrymple

Following a comparative analysis of the Sexual Offences Act of both the Caribbean Community (CARICOM) and Organization of the Eastern Caribbean State (OECS) jurisdictions,  Acting Director of Public Prosecution (DPP) Sherma Dalrymple believes that Dominica has the “most stringent and comprehensive Sexual Offences Act,” which she says can rid our society of crimes of that nature.

In light of the increase in sexual matters being prosecuted before the courts and the sentencing of sexual offenders, the Ministry of National Security and the office of the DPP held a press conference this on July 18, 2022, to bring clarity to the “misunderstandings and misconceptions” which may exist in respect of the laws of the Commonwealth of Dominica which govern sexual offences.

At the ceremony, held at the Office of Disaster Management (ODM) Dalrymple highlighted that sexual offences are governed by the Sexual Offences Act, chapter 10:36 of the 2017 consolidated laws of the Commonwealth of Dominica, which was revised in 2016 to include harder penalties.

The Sexual Offences Act, she says, “ is not discriminatory nor gender biased” and is aimed at “challenging society’s current attitudes towards sexual offences, and to transform the approach individuals place on sexual offences while catering for practicable gender equality and protection for both minors and adults.”

A few of the offences under the legislation include rape, unlawful sexual connection, incest, unlawful sexual intercourse, gross indecency, indecent assault, buggery, grooming, prostitution, abduction, unlawful detention of a person with the intent to have sexual intercourse, bestiality as well as procuring a minor to have sexual intercourse.

She made know that rape carries the penalty of 25 years imprisonment, while rape of a child under the age of 12, or an elderly person, carries the penalty of life imprisonment.

“Noteworthy is that when a complainant is under the age of 12 or is an elderly person or where the offence is committed by two or more persons or committed in a heinous way or where the complainant was pregnant or became pregnant because of the offence or the offender has been previously convicted of rape, that person may be liable on conviction to imprisonment for the remainder of their natural life,” the DPP stated.

She continued, “This section is important at it shows the upward movement of the punishment based on the severity and, and holistic circumstances surrounding the act of rape.”

Dalrymple further stated that in Dominica,  the offence of unlawful sexual intercourse carries a maximum sentence of 14 years where the minor is 14 years of age and older, and 25 years imprisonment when that individual is below such age.

She explained that amendments have been made to section 36 A so that when someone is convicted of a sexual offence, the courts can give a maximum sentence of two-thirds of the sentence stated in the legislation.

“For example, if the maximum sentence as stated is 15 years, the court is mandated to give a sentence of 10 years and not go any lower,” the DPP made known.

She said at present, the court uses the  Eastern Caribbean Supreme Court guidelines which were passed in 2019  to deal with sentencing for various offences.

Dalrymple cautioned that the public must be cognizant that Section 31 A of the Act places a mandatory reporting requirement on parents or guardians of minors, an individual who has actual custody charge or control of a minor, an individual who has temporary custody, care charge or control of a minor for special purposes, as his attendance employer or teacher or in any other capacity, and medical practitioner or a registered nurse or midwife, who has performed a medical examination in respect of a minor.

“Basically, anyone who has guardianship, care and control over a minor has a duty placed on them to report incidents of sexual abuse against the minor. Now this section has also been criminalized. A breach of this section can result in a fine of $30,000 or imprisonment for two, or up to five years,” she said.

In respect of obstruction prosecution, Section 31 B states a person who is found guilty will be fined up to $50,000 and can be sentenced to up to five years imprisonment.

The DPP went on to point out that within the past two years, her office has had a 100% conviction rate for sexual matters that have been tried in the High Court.

“It has to be emphasised that the tool exists to rid our society of the sexual offences that are now on the upsurge.  That is the Sexual Offences Act. This Act has been around since 2016. It is comprehensive and it is very stringent in respect of the penalties that are imposed for various offences,” she said.

According to her, a concerted effort must be made by all members of society to fight the prevalence of these offences.

“We must carry out our obligations and our responsibilities which the act has placed on us.  Do not shy away from reporting. Do not advise parents or guardians to go and see the DPP and take out that matter from the system. No, there are ways and means that these matters can be fought and our minors can get justice,” the DPP urged.

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26 Comments

  1. Bwa-Banday
    July 21, 2022

    I hesitated to comment on this one but I will now.

    I am truly disturbed when I see such a brilliant mind like this allow herself to be used by the cabal. This young lady happens to be one of the brightest young legal minds that initially seemed to have a bright future ahead of her. Sadly, she made a wrong turn somewhere and appear to be headed in the wrong direction.

    I can confidently say I use to see this young lady sitting as a judge on the CCJ one day but alas, the innocence of youth and zeal to be seen among the Cabal elites is destroying her. Hopefully folks like Kara Shillingford and Judge Wynant Adrien Roberts will find the courage and reach out to her. Yes she needs help before she too gets consumed by the DLP Cabal. Wake up Sherms……walk if you have too.

    Well-loved. Like or Dislike: Thumb up 12 Thumb down 0
  2. July 21, 2022

    Madame DPP let me assist you, for staters remove the section that prevents the name of these “PEDOPHILES” from being published; whom and what is the Law protecting? It’s obvious not to have the name of the victims published; but society needs to know who those “bouc kabwits” (male goats) are; as that would better help protect our vulnerable female citizens (children) from these predators; expose them for what it’s worth.

    Well-loved. Like or Dislike: Thumb up 13 Thumb down 0
  3. Original
    July 21, 2022

    Having looked at the press conference, I observed that the dpp, constantly looked to blackmoore after making comments seemingly seeking confirmation of what she’s saying. This clearly indicates that there is political interference in the operations of the office of the dpp.

    Well-loved. Like or Dislike: Thumb up 18 Thumb down 0
  4. Dominican
    July 20, 2022

    A good start would be to consider evidence without rejecting it, especially if so instructed by the political directorate and feign surprise and indignation when reprimanded by our CCJ.

    Well-loved. Like or Dislike: Thumb up 32 Thumb down 0
  5. Sebo
    July 20, 2022

    “the offence of unlawful sexual intercourse carries a maximum sentence of 14 years where the minor is 14 years of age and older, and 25 years imprisonment when that individual is below such age.”
    My point.. 14 years is 7 because day light and evening is 24 hrs its 2 days jail tim according to dominica law and then add good behavior to it,, the criminal only gets 4 to 5 years…and the person is hurt and traumatized their whole life….oh plz DPP oh plz..
    14 years Can She get a license, can she vote etc

    Plz tell me if am wrong

  6. Sebo
    July 20, 2022

    She gave an example of 15 year max and the court is mandated to go not 10 years lower, so what’s the point for 15. All matters should be dealt with maximum sentence, what circumstance u have to rape or grome, or what excuse, wrong is wrong

    Well-loved. Like or Dislike: Thumb up 5 Thumb down 0
    • Watching
      July 21, 2022

      U couldn’t have said it better..all those discounts for perpetrators makes me angry. I want it to reach under their bed..until it reaches home they will understand the pain when a Child is violated

  7. Lin clown
    July 19, 2022

    The lady is quoting section of the law,and that JACKA dissident is saying Skerrit tell her what to say.No wonder these AHOLES continue to lose case after case.Imagine Lennox Linton is lead council in every court case UWP has.

    Hot debate. What do you think? Thumb up 1 Thumb down 42
    • dissident
      July 20, 2022

      She should have posted this on an Indian website and hide it from de ordinary Dominican like she did with de Choksi case…….she and you would have avoided some embarrassment
      De most stringent and comprehensive laws can’t get to de guy on your favorite radio station?
      They fire him because they thought he did wrong….de police refuse to investigate so de station take him back….. what wrong did he do that cause him to offer an apology…… to whom did he apologize?????.

      Well-loved. Like or Dislike: Thumb up 12 Thumb down 0
  8. Garcon
    July 19, 2022

    I wonder who advises these people. Why would a DPP put out this trash in public? A law that is not enforced is as good as a nonexistent law. This is what happens when there is political interference in everything that happens in a country.

    Well-loved. Like or Dislike: Thumb up 18 Thumb down 1
  9. Lin clown
    July 19, 2022

    Jonathan Y St.Jean is a 70 year old LIAR.Sec 76 page 69 of the Constitution of Dominica says All revenues or other moneys RAISED or received by Dominica.(NOT being revenues or other moneys that are payable by or under any LAW for the time being in force in Dominica into some other fund established for a specific purpose)shall be paid into and from a consolidated fund.Where does lying St.Jean see “MUST” be paid into the consolidated fund.

    Hot debate. What do you think? Thumb up 1 Thumb down 39
  10. Lawless
    July 19, 2022

    Wow! I try to stay away from getting involved in this government issues. But I couldn’t resist responding to this nonsense coming from this girl. O my! Look trash in Dominica. It gets worst at every turn. But I’d like to ask this girl, what is the use of a law? And in this particular sexcapade law….how does that law protect little children from people like her who has no regards for the SEX LAW. And please girl, don’t forget this infamous phrase…” TO HELL WITH THE CONSTITUTION”. God is watching and He will answer just as He answered the prophet HABAKKUK. THERE WILL BE MUCH WEEPING IN DOMINICA WHEN HE ANSWERS. “Though it tarry, wait for it.”

    Well-loved. Like or Dislike: Thumb up 24 Thumb down 1
  11. Throw the Book at them
    July 19, 2022

    Like so many others have commented, what truly matters are actions. The action for us all to look out for our children (from inside and outside predators). The action and responsibility to report when we see, hear or know a crime has occurred. The action to stand with victims with sensitivity and not judgement. The action to prosecute accordingly and use these laws to the maximum. If you have such stringent laws, don’t waste no time, use the law and throw the book at them, according to my late Father BB Williams. All involved must be willing to do what is right for the sake of each other and the children. Prosecute them swiftly (another saying by the ex-police) Ba bondaw va – BBV – Make haste and get it done – Charge them, Sentence them to the max terms deserving. Nothing less – Children and people who are raped, molested live their entire lives with some level of pain from these horrid acts. If you do the crime, you do the time!!!!!

    Well-loved. Like or Dislike: Thumb up 13 Thumb down 0
  12. Truth Be Told
    July 19, 2022

    Dominica’s problem is not a lack of legislation or strong laws, but instead it is a lack of strong enforment, honesty, equality and accountability in the execution of the laws! Strong laws with a corrupt police force and a morally bankrupt leadership along with an immoral society cannot protect us from ourselves! Laws are just words on paper until we give them life and legitimacy, and this requires justice; fairness, impartiality, honesty, transparency and scrutiny! Now let us be honest, these are almost foreign concepts in Dominica nowadays where “if you are not red, you dead”! But God is not red, so we shall all account to the final Judge and Justice when we face death in the end!

    Well-loved. Like or Dislike: Thumb up 18 Thumb down 0
  13. dissident
    July 19, 2022

    girl you will say anything Skerrit tell you to say.
    I have no confidence in you!!!!!!
    respect you looking for????????

    what are our laws on kidnapping? Re Choksi.

    Well-loved. Like or Dislike: Thumb up 35 Thumb down 5
    • Ibo France
      July 20, 2022

      True statements that cannot be refuted.

      Well-loved. Like or Dislike: Thumb up 11 Thumb down 1
  14. L C Matthew
    July 19, 2022

    Is that the best we can do as a society. Dominica also has stringent litter laws and other laws on books. What an embarrassment of a DPP. Enforcement is what matters. The purpose of enforcement is to serve as a deterrence to cut down or stop the abuse of our kids and young women. To boast we have most stringent without the assessment of effectiveness in combating the issue tells of the level of thinking in people running this country. Wisdom is not learned in school.

    Well-loved. Like or Dislike: Thumb up 39 Thumb down 5
  15. Lawyer
    July 19, 2022

    The laws might be just about adequate, but where are the people to enforce them?? Don’t tell me Skerrits Militia. Furthermore, are fair amount of offenders harbour in these institution. And finally, shame on you, Dairymple for attempting to defend the indefensible.

    Well-loved. Like or Dislike: Thumb up 45 Thumb down 6
  16. Toto
    July 19, 2022

    And please, can we give persons that become pregnant as a result of these transgressions, the right to abortion. Why put children into this world that are unwanted and born as a result of sexual offences.. That is not fair to those children, is it.

    Well-loved. Like or Dislike: Thumb up 42 Thumb down 4
  17. My mouth
    July 19, 2022

    And allu satisfacción with all those discounts allu giving the offenders? Huh? And the children are shared for life. You all suck. The system suck. You all are not putting anything in place to protect our children but allu have in place to protec the ofender. Let them oay the full price of the crime…u all are too snack. Is the big men up there self committing too so you all refuse to squeeze the ofenderse.. otherwise those in authority will be in hot water. This is sad. Sad..children being born now I am so afraid for them.ook a 21 year old guy rape a 15 year old child. See, it’s being passed down they know nothing will happen..so they doing it just like the order one.. the children are the broken pieces only God can mend. It’s sad

    Well-loved. Like or Dislike: Thumb up 29 Thumb down 3
  18. Original
    July 19, 2022

    This young lady is such an embarrassment in allowing this clear case of neglect, best she check herself into Stock Farm prison.

    Well-loved. Like or Dislike: Thumb up 27 Thumb down 5
  19. Original
    July 19, 2022

    In all of this why has oprah not been investigated and or charged? Address the issue… or the laws are of no consequence…

    Well-loved. Like or Dislike: Thumb up 24 Thumb down 3
  20. HK
    July 19, 2022

    You’re a big joke!!

    Well-loved. Like or Dislike: Thumb up 23 Thumb down 2
  21. Jonathan Y St Jean
    July 19, 2022

    And??? Since when do laws on the books curtail anything? The law states that revenues of the country “must” go through the consolidated fund yet the cabal doesn’t do that but keeps the revenue from passport sales out of the country. The acting DPP ought to be ashamed of herself with the high number of sexual offences against children and she comes quoting statistics and the law yet the number of child sexual crimes isn’t going down. A lot of square pegs in round holes. Too much talking so they can sound relevant and competent.

    Well-loved. Like or Dislike: Thumb up 33 Thumb down 4
    • D/can to d bone
      July 19, 2022

      You said it right. I vex vex but what can I do..I just praying for The children. Let children be children and de system not helping the system encouraged rape murder and the rest. And they want to beat their chest saying dominica has the most this or the best that and our children suffering so?.
      I

      Well-loved. Like or Dislike: Thumb up 28 Thumb down 4
  22. July 19, 2022

    I get it! Having said all that, are we doing enough to stem the flow, with Respect to implementation and strategies, for example targeting areas of inconsistencies, allegedly of persons who capitalize on their, position/ status and seek to take advantage of that opportunity? Public service awareness/ Education/ enforcement, has to to go in Tandem, in my opinion if we are to put a halt to this madness and by any legal means available to protect the most Valenarable amongst us.

    Well-loved. Like or Dislike: Thumb up 19 Thumb down 2

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