Resident judge encourages police investigators to revise method of investigation in sexual offenses

Dominica’s new resident judge, Justice Richard Floyd, who is assigned to the criminal division of the High Court has voiced concerns over certain methods of investigation employed by members of the Commonwealth of Dominica Police Force (CDPF) during their investigation of sexual offenses.

In what the police says is designed to elicit the truth from both the complainant and the defendant, a “confrontation” is held between both parties.

In speaking to a senior police officer, Dominica News Online (DNO) was informed that in keeping with this long-standing practice, no criminal charge will be laid against a person before they are allowed to defend themselves face-to-face with their accusers, especially in indictable matters.

This procedure involves the police inviting both the complainant and the defendant to attend the same location, often the alleged crime scene. Once there the police ask the alleged victim to repeat their allegations in the presence of the defendant. The defendant is then, while under caution, asked to give a response to the allegation.

However, Justice Floyd contends, such practice should be discontinued as according to him this demonstrates a lack of empathy for the victim.

His remarks came while handing down his sentence to Frank Joseph Laurent of Sineku who was sentenced to 26 months imprisonment following his conviction of indecent assault.

“The court finds this method of investigation to be quite surprising,” Justice Floyd opined. “If the intention of the police and other agencies is to encourage the reporting of serious crimes, particularly crimes of domestic violence and sexual assault, treating complainants in this fashion would seem contrary to that end.”

He posited that when placed in the presence of their alleged abuser and asked to repeat the allegations, the extreme discomfort that would impose upon most of the complainants would appear obvious.

“Leaving aside the curious decision of the police to generate multiple statements from the complainant, the procedure appears to demonstrate a complete lack of empathy for the circumstances of the complainant and lack of understanding of the dynamics of power and control in situations of domestic and sexual abuse,” the High Court judge averred.

He continued, “It would therefore not be surprising if knowing that she will be subjected to such distressing treatment, a complainant might think twice about making a police report in the first place.”

Justice Floyd, therefore, encouraged investigating officers of the CDPF to revisit this policy “in this day and age,” and consider whether it remains a viable and appropriate approach to criminal investigations, particularly of crimes of this sexual nature.

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6 Comments

  1. Bwa-Banday
    March 29, 2023

    Very well said your honor. This is an old investigation technique that has outlived its time and purpose. We send these officers overseas to train and when they come back they don’t pass on the knowledge through internal training for fear of someone else learning and getting promoted ahead of them. We have an underutilized training school at Morne Bruce. That place should have ongoing training programs year long. But again, only politicians make up the high command so policing is dead

    Well-loved. Like or Dislike: Thumb up 13 Thumb down 0
  2. JHA
    March 29, 2023

    Toyally agree with the judge. As a matter of fact. That system of investugation sounds like the Dominica police force is actually on the sexual abuser’s side, by trying to intimidate and suppress the victim into silence.

    I guess no police officer has been sexually abused and had to go confront their abuser at the place of abuse and say what was done to them (which in itself is so embarrassing and uncomfortable) by that person as he steers down on you, like is you that dere on display. WTF!

    This goes beyond lack of empathy!

    Well-loved. Like or Dislike: Thumb up 15 Thumb down 2
  3. Truth Be Told
    March 29, 2023

    “In this day and age,” Justice Floyd!
    Yes Your Worship, Justice Floyd, you are going to find a lot of shocking surprises that is accepted and tolerated in this most primitive Dominican society in this day and age. The ignorance and stupidity starts from the top, with a foolish, dotish Prime Minister and Government, to the very debasive vagrants Chee-chee and Sukie-burn-brain in the streets. But you cannot correct the fools, sadly. Welcome to primitive Dominica, “in this day and age”!

    Well-loved. Like or Dislike: Thumb up 13 Thumb down 1
  4. GOODWILL
    March 29, 2023

    Well said, Your Honour. I agree, this demonstrates no empathy for the victim.

    Well-loved. Like or Dislike: Thumb up 15 Thumb down 1
  5. Lin clown
    March 29, 2023

    Since UWP fired Blanchard and Valarie the force has become a mess.The police do not know what they are about.A police charge and arrest a man with rape,the case file goes all the way to the DPP office.And the DPP cannot see there is no proof of penetration.

    Hot debate. What do you think? Thumb up 2 Thumb down 10
    • Braindamage
      April 2, 2023

      Clown, can you give a date since Blanchard and Valarie got fired by the UWP?
      Looks like you are very shameful or wicked to blame your Chic- Chic for the state of the Police Force…..

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