Barbados Addresses Legal Challenges with Sexual Offences Act Amendments Amid Justice System Criticism

Barbados is arguably one of the most desirable places in the world to visit or reside. The large number of people who pay thousands of dollars to come to this destination is evidence of that attraction.

Like most societies, however, the island faces the scourge of sexual abuse, sexual violence and predatory behaviour by some maladjusted, depraved, and broken individuals who live among us.

On Tuesday, Attorney General Dale Marshall piloted several amendments to the Sexual Offences Act in Parliament to address the void created following a 2023 ruling that the offence of buggery, under Section 9 of the Act, and the offence of serious indecency, under Section 12, were unconstitutional.

The St Joseph MP, who has faced fierce criticism over his handling of the consequential portfolio of the Attorney General’s Office, has held up his busy legislative reform agenda to demonstrate his commitment to modernising the local justice system.

He has hailed the rapid expansion of judicial officers on the criminal and civil benches, improved physical judicial centres, and the establishment of tough laws to stem increasing gun crimes and to make it harder for those accused of murder and gun offences to access bail.

These are all measures that must be applauded.

However, Tuesday’s sitting of Parliament demonstrated just how much more attention is required to right a justice system that has failed so many citizens.

Often Barbadians retreat to a victim mentality when the country’s flaws are exposed for the world to see. This was evidenced by the reactions of some to the frequent bashing the island received from the Caribbean Court of Justice (CCJ) over the exceedingly slow pace of administration of justice, seen in the appeals from the local courts that it has adjudicated.

During the House of Assembly debate, the attorney general revealed that sadly, more than 500 sexual offences cases are caught up somewhere in the legal system awaiting trial.

This is shameful and a stain on the country that there could possibly be hundreds of women and men, boys and girls, who took the brave step of reporting such violations but are yet to have them resolved by the courts.

We have no doubt that there are many more unreported crimes of a similar nature and whose victims are likely suffering in silence and shame.

“Sexual offences are one of those things people don’t like to talk about, but the number of sexual offences cases simply must be brought down in exactly the same way that we are bringing down the number of firearm cases to be tried, the number of murder cases to be tried, and I am satisfied that this administration is making a dent,” Attorney General Marshall told the Lower House.