By Ahmed Naish | November 4th, 2009
A bill on child abuse was passed by parliament today with amendments to increase jail terms for sex offenders.
Of the 60 MPs who participated in the vote, 58 voted in favour, two voted against and one abstained. The two MPs who voted against were Bilendhoo MP Ahmed Hamza and Hoarafushi MP Ahmed Rasheed of the ruling Maldivian Democratic Party (MDP).
Kulhudhufushi South MP Mohamed Nasheed, an independent, who drafted the legislation, proposed a raft of amendments to reverse the changes to the jail terms made by the committee that reviewed the bill.
A total of 36 amendments were passed.
The bill was passed with longer jail terms than those decided upon by the committee, which set a minimum sentence of one to two years for some offences.
The bill specifies various categories of offences, including molestation, performing a sexual act in the presence of a minor, forcing a minor to watch a sexual act, child abuse by a person in position of authority or trust, exhibiting genitals to a minor, incest and abusing a minor after forcing them to take an intoxicating substance.
The jail term for incest will be between 20 and 25 years, while the sentence for paying a minor for sex will be 15 to 20 years and those convicted of abusing a minor after forcing him or her to take drugs will get 25 years.
Other amendments passed include: empowering criminal court to detain a suspect after investigation; the establishment of a mechanism to make information on sex offenders available; and a provision for child witnesses to give testimony on camera outside of court.
Final words
During the final debate before today’s vote, some MPs expressed concern that the jail terms or penalties were too harsh and said offenders should be given opportunities for rehabilitation.
Several MPs argued that the harsh penalties could be used unfairly or for political purposes.
Vilufushi MP Riyaz Rasheed, a member of the committee, said the chairman of the Judicial Services Commission, the prosecutor general and other stakeholders were consulted.
They said they believed there should be limits in specifying sentences. So the committee decided limits of between 2 to 15 years, 2 to 18 years and 2 to 25 years,� he said.
Riyaz said MPs should consider the competency of the judiciary in delivering fair trials.
We agree to sentencing a person to even 40 years if it [the charges] can be effectively proven against him…because we were afraid that a person might get a long sentence for just tickling, the committee thought about it and formulated the bill this way,â€� he said.
Ungoofaru MP Dr Afrashim Ali said a person unjustly accused of inappropriately touching a child and a sex offender who leaves the child with severe injuries should not receive the same sentence.
Hamza, one of the two MPs who voted against the bill, said a fundamental principle of the criminal justice system was that it is better to let 99 criminals go than unfairly punish an innocent person.
As a father, he said he agreed that tough measures needed to be taken to combat child abuse, but MPs should put reason ahead of their emotions and consider the judiciary’s capability to deliver fair trials.
Several MPs said laws to give harsher penalties to people who abuse children were urgently needed due to the gravity of the problem in the Maldives.
Nasheed said he accepted there may be teething problems in enforcing the law and he would support strengthening legal procedures.
Presenting the bill in July, Nasheed said common complaints about law enforcement included lack of funds, facilities and expertise.
“I have drawn up a timetable to fully implement everything in the bill within three years,” he said.
Nasheed added he would submit his “action plan� to the committee to place obligations on the government to implement the law.
Special procedures and guidelines
The bill proposes jail terms without the possibility of parole or early release, and suspends the right to silence and release from detention while investigation is ongoing.
Further, under the bill, children under 13 cannot give consent for sexual acts, while consent given by children between 13 and 18 will not be deemed legal unless proven otherwise, “in clear terms�.
The bill specifies special categories of evidence to be admitted in trials of child sex offenders – such as narration to third parties – while courts would be asked to accept lesser standards of evidence.
Victims will be provided avenues to seek financial compensation from the offender and the state shall provide security, rehabilitation and counselling to the child.
The law will classify the victim’s information from public access or the media. If passed, failure to alert the authorities of a child sex offence will be deemed itself a punishable offence.
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