Child sexual abuse victims inadequately protected by court system

by Curlan Campbell

• Family Court should address having facilities for vulnerable witnesses and parents/guardians
• Children’s names should not be called out for public to hear
• Major gap identified is within Section 8 of the Grenada Constitution

Archaic laws and investigative and prosecutorial failures continue to challenge Grenada’s court system, especially regarding the expedition of sexual abuse cases. These institutional problems are particularly worrying for The Child Protection Authority (CPA), since the justice system fails to respond adequately to child sex abuse cases.

Executive Secretary of the Director’s Office Listra N Crowe stated that delays in prosecutions mean that complainants are forced to endure long waits to receive justice, which further compounds an already complex situation.

The Child Protection Authority has outlined a litany of issues that they currently face when dealing with alleged child abuse cases, causing the further collapse of cases before the court, resulting in children not being able to receive the support needed.

A major gap identified is within Section 8 of the Grenada Constitution which states “…and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.”

“It is the right of a defendant to be present for their trial. Therefore, if a defendant is absent, the matter cannot proceed until he is present. This is problematic when complainants are present and ready to proceed, but there is no defendant. The matter is then set back, as it must be adjourned to another date and time. Next, provisions are made for absent defendants through the issuing of a bench warrant. However, there are times when defendants are absent on numerous occasions,” Crowe wrote in an email response.

To solve this problem, the CPA has suggested that bench warrants be served to defendants after being absent from court. “Defendants will be held accountable by the law and must be present at the next hearing, which is a gap that must be addressed to ensure that matters are expedited through the court,” Crowe wrote.

Crowe outlined several other issues plaguing the court system, ranging from the long duration of matters in court that eventually frustrate complainants to the archaic cross-examination of children, which can be aggressive, belligerent, and intimidating. “The court setting is not child-friendly, specifically when considering the proximity to defendants. This poses a psychological threat to complainants and their families and causes quite a bit of distress.”

The CPA continues to advocate for the creation of proper victims’ services, including the establishment of a Family Court that can solely be focused on supporting victims of serious crimes to navigate through the judicial system. 

“There is a need for a Family Court to address matters relating to child abuse, especially child sexual abuse. Essentially, there should be a comfortable room, where children can sit with their parents/guardians until their matter is called,” Crowe stated.

“Their names should not be called out for the public to hear. Instead, when the court is ready to deal with their matter, the CPA officer who is always present should be able to alert them that their presence is needed in the court. Also, with a family court, these matters will be dealt with continuously instead of once a month, or 2 to 3 months down the road. The complainant’s absences due to school examinations should not hinder the process of learning and getting justice.”

In recent times the CPA has also called for certified forensic interviewers to assist in sensitive child abuse cases. The CPA stated that while forensic interviewers are readily needed to assist in sensitive child abuse cases and maltreatment, the lack of human resources and training hinders this opportunity. However, the CPA remains optimistic that this can be materialised as soon as possible.

Other suggestions include that all indictable court matters should be completed at the Magistrate court via Paper Committal and proceed directly to the High Court. Another suggestion is the establishment of a sex offender registry to assist with mitigating abuse, since there have been instances where the same defendant has different matters in court with different complainants/children as it relates to sexual offences.

Another area of concern for the CPA is while the law states that a person under the age of 16 cannot give consent to sexual interactions/intercourse, there are times when consent is given before the age of 16. This is usually the case when a child is in a consensual relationship with the accused. In a case like this, the child will refuse to speak up against the defendant, which can become counterproductive.

When confronted with these types of cases the CPA may try counselling and other measures to build trust and allow the complainant to open up, but this is not always successful.

Meanwhile, the CPA continues to advocate for children in the court. If lawyers are absent but defendants are present, the CPA will request evidence and notes from the prosecutor for the lawyer. Regarding the issue of lack of available placement of older children who are victims of abuse, The CPA said that it is considering having a residential care facility or housing for those who may transition into adults within a short time as a means of removing them from harmful environments and assisting with the continuation of the matter in the court.

Improving the court system infrastructure in Grenada has been a persistent challenge for governments. They proposed constructing a Hall of Justice to consolidate the Supreme Court Registry, Supreme Court, Magistracy, Mediation Centre, and Masters Chambers. The BOLT initiative was introduced by the Dr Keith Mitchell administration to reduce government spending on rental buildings..

Attorney General and Minister for Legal Affairs, Labour & Consumer Affairs Sen. the Hon. Claudette Joseph said the NDC-led government remains committed to the construction of the facility as they are well aware of the challenges the facility presents, and the Hall of Justice remains high on Government’s agenda. She stated that Cabinet has appointed a project steering committee which has commenced preparatory work for the realisation of this project.

In her response to our questions, Minister Joseph specifically stated that the new facility will make provisions for the establishment of a Family Court, a Sexual Offences Court and facilities for vulnerable witnesses.