House of Assembly Advances Amendment to Sexual Offences Act with Emphasis on Minors' Protection and Criminalizing Grooming

Marshall highlighted the need for these measures, saying, “There are certain people who are so liberal that they would find that this kind of stuff might be exciting. They might even be using it as a mechanism to groom future participants, but we are saying that such conduct is absolutely unlawful.”

The Bill specifies that a person is guilty of that offence if they intentionally engage in sexual activity in the presence of a minor, knowing or believing that the minor is aware, or intending that the minor should become aware. The penalty for such an offence is a fine of up to $10 000 or two years’ imprisonment on summary conviction, and up to 10 years’ imprisonment on conviction on indictment.

Further amendments create an offence of intentionally causing a minor to watch another person engage in sex for the individual’s own sexual gratification or to view pornographic images or videos. Possession, distribution, or production of indecent photographs of minors, regardless of whether there is an intention to show them, is also deemed a punishable offence.

Attorney General Marshall urged Barbadians to confront the uncomfortable reality of sexual offences against minors and to engage in a concerted effort to safeguard children from such predatory acts.

He said: “The fact is, in today’s world, we have dysfunctional families, we have dysfunctional family relationships, we even have perverse family relationships, and it is important for the state to step in the breach, and provide mechanisms to protect our young people from predatory and unlawful conduct. Plain and simple.”

Marshall declared that society had become too complacent about sexual offences and urged more proactive intervention.

“We don’t like to talk about it . . . we find that a little touching of a leg advances beyond that. You have people who say, ‘Meet me in town,’ and then it advances way beyond that. We don’t like to talk about these things because it represents a nasty and unpleasant underbelly of a society,” said the minister.

“We can only afford those who need that protection if we are prepared to look at it, call it out for what it is, then put laws to address it.”

The amendments also address the violation of a person suffering from a mental disorder or physical disability. A person guilty of this offence is liable on conviction on indictment to life in prison.

The Bill will now proceed to the Senate for final ratification before heading to the president for signature into law.