MINISTER of National Security Dr Horace Chang has indicated that the Government is considering the possibility of widening access to the Sex Offender Registry in the face of fresh calls from Jamaicans who want to know ‘who is their neighbour’.

Responding to Jamaica Observer queries on Wednesday, Chang said he moved to have the legal team in his ministry review the law in light of arguments that the list of stakeholders who should have access to the information could be wider.

“The review has been requested [so] that the Government may make a decision on the way forward, with the overall important objective being to ensure that the public in Jamaica has information which allows them to take precautions and prevent exposure to convicted predators,” said Chang as he pointed out that the law currently allows for select institutions, including schools, to be advised of details concerning convicted offenders upon request.

Chang said during the first term of the current Andrew Holness-led Administration [2016-2020], a committee of Parliament had reviewed the matter of the Sexual Offender Registry and a framework was established.

The registry, which was established in October 2009 with the passage of the Sexual Offences Act, has been operational since 2014, with records of people who are tried and convicted for sex crimes in Jamaica.

The database, which is managed by the Department of Correctional Services, is not open to public scrutiny and all information in the register is “secret and confidential”.

Data held by the registry is accessible only to individuals or groups who are deemed to have legitimate interest, such as the police, people engaged in professional counselling of sex offenders, people managing educational institutions where they are enrolled or seeking to be enrolled, people managing facilities that treat vulnerable individuals, and prospective employers and employees of sex offenders.

At a press briefing on Monday, deputy commissioner of police in charge of crime and security Fitz Bailey revealed that the suspect arrested in the abduction and murder of school teacher Danielle Anglin had prior convictions for sexual offences in Jamaica and Antigua.

This has sparked fresh debate about the opening up of the Sexual Offender Registry.

Among those to weigh in on the matter was attorney-at-law Rodain Richardson who, in a letter to the Observer, argued that the statement from Bailey highlights the critical need for public awareness and more effective monitoring of sex offenders.

Richardson said he firmly believes that, with appropriate safeguards, the list of sex offenders should be made public to better protect communities and prevent further tragedies.

“It is respectfully suggested that the need for transparency in Jamaica’s Sex Offender Registry has long been an urgent matter and the recent arrest of a convicted sex offender, in relation to the case [of the teacher], only begs to underscore the importance and urgency of making the registry public,” said Richardson.

He further argued that making the registry public would empower citizens to make informed decisions about their interactions.

“The secrecy of the registry leaves victims and potential victims unprotected. Furthermore, public access to the registry would promote transparency and ensure that convicted offenders are adequately monitored. This is crucial, given the concerns about the low conviction rates and the potential for sex offenders to evade the regulatory framework,” he said.

Richardson argued that while there are valid concerns about the potential negative consequences of making the registry public, including the risks of vigilantism and the stigmatisation of rehabilitated offenders, the benefits of increased safety and informed community vigilance outweigh these risks.

“I would even go a bit further to suggest that publicising the registry may act as a deterrent to would-be offenders,” he said.

Another strong advocate for public access to the registry, co-founder of sexual victim support organisation Eve for Life, Joy Crawford, told the Observer on Wednesday that the registry holds public information and, therefore, there is no justification for it to be private.

“When someone is charged and convicted of the crime of a sexual offence, that conviction is public knowledge, so how can the registry that contains public information in terms of the conviction and the sentencing of sex offenders be private?” queried Crawford.

Rebuffing the reasoning that restricting access to the registry is to maintain the privacy of perpetrators, Crawford argued that in the case of human rights, the right of privacy never trumps the right for life.

“So if somebody’s information is going to be kept private and they’re now going to be able to harm and kill, then one trumps the other. So there is no justification as to why those of us who are at risk and the population that we serve is at risk should not have access to the registry, and there’s no reason why the general public [should not have access],” Crawford argued.

Pointing to other jurisdictions like Trinidad, which went public with its registry without showing the faces of the convicts, Crawford suggested that Jamaica could come up with systems which determine the level of exposure.

“But for us to have no exposure at all is untenable,” she said, while calling for the Government to have public discussions on the matter.

Crawford pointed out that victims of sexual violence, who her organisation represents… would like to know the movement of these perpetrators after they are convicted, serve their prison time, and come back into communities.

“That information is very important for them. We are asking that there be some amount of conversation now, where we can now start having access to the registry,” she said.

The registry mandates registration upon conviction for specified sexual offences, with offenders being monitored for at least 10 years. This includes obligations such as reporting changes in residence, travel plans, and check-ins.

Up to August 2021 there were reportedly just over 330 registered sex offenders on the island.