RECENTLY appointed Government Senator Abka Fitz-Henley is calling for an amendment to the Sexual Offences Act to prescribe a mandatory life sentence for people found guilty of raping a child, regardless of whether they plead guilty to the offence.

“This isn’t an emotive call. The view has been expressed by an eminent political practitioner in Jamaica that the law is a tool of social engineering. That being the case, as stewards of this tool of societal manoeuvre, the message we must send to child rapists is: Enough is enough, zero tolerance,” Fitz-Henley told the Jamaica Observer.

He contrasted a case in Guyana last week and recent events in Jamaica as he called for stronger penalties for those who violate the trust of children.

“I note that recently in Guyana, a man, Wesley Brazil, who raped a 15-year-old child, was sentenced to life imprisonment without possibility of parole. He made headlines because he attempted to use a razor blade to take his life in the courtroom. Contrast that to recent events in Jamaica where Davian Bryan, who abducted and raped two children — ages nine and 13 — was sentenced to 23 years imprisonment with the possibility of parole after the expiration of 16 years,” noted Fitz-Henley.

He further noted that the law currently provides for a maximum potential punishment of a life sentence in Jamaica for people convicted of rape and prescribes a mandatory minimum penalty of 15 years behind bars, but leaves it up to the discretion of a judge whether to go beyond that in adjudicating the extent of the sanction.

Section 6(1)a of the Sexual Offences Act (2009) says, “A person who commits the offence of rape is liable upon conviction in a Circuit Court to imprisonment for life or such other sentence as the court considers appropriate, which is not being less than 15 years.”

Fitz-Henley added: “I do appreciate the nuance that the facts of cases may differ; however, I reckon that as far as those who rape children are concerned, it’s time to not only adjust sentencing guidelines but to also impose mandatory life sentences for these kinds of heinous crimes against a grouping that may be classified as among society’s most vulnerable.

“I think this should be done regardless of whether there is a guilty plea. In my view, it’s appropriate from a policy and legislative standpoint to say, ‘Look here, we not into this potential 15 years behind bars only, if you rape a child, you will spend the rest of your life in custody.’ “

The Government senator argued that the future of the Jamaican society is at stake, in terms of the message sent about how serious crimes against children are treated.

“Thankfully, some of us were fortunate to escape sexual abuse in our formative years, but many children have not been so fortunate. The fact is these crimes should not be countenanced. Some of our criminals in Jamaica who prey on children should apprehend the shock of facing a lifetime behind bars, a similar prospect which perhaps led to the brigand in Guyana attempting to take his own life. I’m open to hearing other views; however, the substance of the call is something from which I’m unlikely to resile,” Fitz-Henley reiterated.

He was quick to point out that he was not criticising the current discretionary sentences handed down by judges in cases in which children are raped as he accepts that they have been acting within the constraints of the law and the current sentencing guidelines.

“I’m not here seeking to rake our jurists over the coals in relation to recent sentences handed down. Of course, we wish that harsher penalties would be meted out to those who violate the trust and bodily autonomy of our children in a most dastardly way because the current law does give that option, but the fact is, our judges, even in the Davian Bryan case, they have acted within the constraints of the law.

“What I am saying is: It is perhaps time for us, from a policy and lawmaking perspective, to say: ‘Look, the message we want to send in terms of these kinds of crimes is that anyone who brings themselves to commit the atrocity of raping a child must understand that they have sacrificed their freedom for the rest of their days.’ I strongly believe we should legislate that,” said Fitz-Henley.

He underscored that there are committees of Parliament now assessing the various pieces of legislation which concern sanctions for crimes, including rape and murder, and added that following the review process he hopes the penalties will be increased.

“Should the outcome not be in favour of vastly stronger sanctions in respect of those convicted of raping or sexually abusing children, I intend to contemplate a private member’s motion which calls for mandatory life imprisonment for the offences,” said Fitz-Henley.