Wednesday, February 13, 2008

Amendments to sentencing guidelines means sex offenders will face jail time

Amendments to the sentencing guidelines made by the Justice Ministry on Monday means that sex offenders will now be facing jail sentences rather than banishment. 

The changes were brought to Article 173, detailing the conduct of Court proceedings in the cases of sexual offenders, which gives the judges the authority to decide on the punishment in such cases. 

The Justice Minister Muiz Adnan said on Tuesday that one of the main reasons the amendments were made was because of the increase in sexual offence cases such as child abuse. He also acknowledged public pressure and demands from NGOs had played a key part in bringing about the changes. Earlier, paedophiles and other sexual offenders had enjoyed banishment sentences which had been interpreted by many as introducing the sexual predators to fresh hunting grounds. 

The Minister also said that the changes to Article 173 had been brought about after a lot of discussion with relevant authorities, and said that was one of the reasons the change had been so late in coming.
“The major change is the option which allows prison sentences for such crimes,” he said. “Now sex offenders can be given jail sentences ranging from 2 to 10 years. The length of the sentence can be determined by the severity of the crime and the gravity of the act.” 

The Human Rights Commission of Maldives welcomed the change and called it a great step in preserving the rights of the people. 

Additions to Article 173 also include the punishments for those who commit bestiality and practice prostitution. Although cases of bestiality are very rare in Maldives, prostitution is very common. The punishment for those convicted of bestiality is 39 lashes and three years in jail. If the offender had paid for the act with money then his jail sentence would be increased to 4 years in addition to the flogging. Adults who engage in prohibited sexual activities for money, both who pay for the service and those who provide the service, will be given 100 lashes and sentenced to three years in jail. 

Adults who engage in sexual activities for monetary profit will face eight-year jail sentences, ten if a minor is involved. The amendments also brought changes to the sentences for ‘sexual misconduct’, which includes sexual behaviour in a public place. Their sentences range from 15 to 25 lashes accompanied with 2-18 months in jail. New sentences are also outlined for those who “assist” in sexual misconduct. Earlier such offenders would have been given banishment sentences. 

Jail sentences are also given for those who engage in ‘sexual misconduct’ in places other than roads and public places and sexual assault. Those who engage in sexual activity with their own children, their children who are over the age of 16, and children not related them will also be given jail sentences. 

With the new amendments judges now will also have the power to pass jail sentences on those who commit adultery or engage in homosexual acts. 

Feb 13, 2008

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