The Tribune

By LEANDRA ROLLE

Tribune Staff Reporter

lrolle@tribunemedia.net

A NOTED attorney has raised concerns about the lack of information given to convicts about the sexual offender’s registry prior to their imprisonment.

Christina Galanos told The Tribune yesterday that while she fully supports the implementation of a sexual offenders list, there is also a need for people convicted of sex crimes, to be fully educated on how the registry works and what it could mean for them after release.

She spoke after officials announced on Friday that a 55-year-old registered sex offender was being released from the Bahamas Department of Correctional Services that day.

The man, identified as Alden Scott, was sentenced to two years behind bars for touching a nine-year-old girl on her hips. His previous offence was the rape of a 17-year-old for which he was jailed in 2014 and released in 2020.

 A notice with Scott’s photo was issued to alert the public on Friday after he was considered a significant risk to public safety.

 Yesterday, National Security Minister Wayne Munroe said sex offenders who are subject to public notice are warned in advance and also have the opportunity to make a case as to why their names should not be publicised.

 “We had a hearing where I told (Scott) what was intended and invited him to make representations as to why it should not happen … Scott was given his right to be heard,” he said.

 However, Ms Galanos is of the view that sex offenders should be informed about the possibility of their names being added to the list and later publicised on the day of their conviction. 

 She said: “When he is sentenced, after he has been convicted, at that point he should be made aware by the judge of his entire punishment and so if he is sentenced to ten years, two years, whatever it is, the judge should also inform him at that point, that upon release he will be added to the register. I just think it’s fair to the convict to tell him that this is the scope of your punishment.

 “But, it’s unfair in my mind for you to tell a man that you’re convicted of rape, whatever it is, you’re serving ten years and he does his ten years and he spends his ten years feeling like that’s all he has to do is the ten years and then at his release, you’re standing there at the gate saying ‘oh no, we intend to do something else. The same authority that sentences them should let them know the total scope of their sentence and punishment.”

 She also referred to section 26b (3) of the Sexual Offences Amendment Act 2014, which states “the court may direct that the person who has been convicted of a specified offence be exempt from any or all of the registration and reporting requirements… by virtue of” the convict being a child or first-time sex offender if the sentence imposed is of minimal severity.

 The attorney added: “These arguments are supposed to be made at the time of conviction according to the act and so it is only fair that the judge raises it at the time of conviction. Pursuant to section 26, Mr John Doe, you will be placed in the sex offenders registry unless you or your attorney is able to direct me otherwise or convince me otherwise pursuant to section 26b as you see it there and then arguments ought to commence and then his attorney may be arguing that ‘hey listen, he’s a first time offender, he’s young and there’s no need to do that to him at this point’ and the judge may agree but the only way we get to that is if he’s informed or his lawyer can read or know but many persons are unrepresented before our courts unfortunately, particularly at the magistrate’s court level. An unrepresented person doesn’t know about the sex offender’s registry and how that works.” 

 However, Mr Munroe said information about the registry can be accessed at the prison.

 He also explained that only when a sex offender is nearing his release date can officials make a decision to alert the public. Even in those instances, he said the offender can argue against the move. 

 “The decision to make a public notification only arises at the time of release so if you did it at a sentence, you would be prejudging the matter and that’s not permitted,” the minister added.

 Offenders sentenced since July 24, 2019, are placed on the register – with 27 offenders said to be on the register at last report. The registry unit is part of the Bahamas Department of Correctional Services.

 In a statement released last week, Women United commended the ministry’s decision to alert the public of Scott’s release, saying it was a step in the right direction.

 The group’s president, Prodesta Moore, said they feel encouraged to keep pressing forward with their other demands such as a shelter and a dedicated court to deal with sexual crimes.

 She said: “Whilst the crime is reprehensible, and punishment has been meted out in this particular instance, it will no doubt be a subject of discussion amongst those who agree or disagree on how to strike a balance. We strongly believe it is our right to be protected as best we can and necessary to be aware of those who walk among us who may still present a danger to others.

 “We also hope and believe that publication of names and photos will prove to be a deterrent to others who may have similar intent.

 “Women United thank all the agencies and individuals who are also advocating to strengthen and introduce or enforce existing laws to better protect the vulnerable in our society, particularly women and children who are at risk. Every step forward, no matter how small, is progress and we are encouraged to continue to be diligent to pursue safety for all in our communities,” the group said.