Page 604 - Magistrates Conference 2019

MODEL GUIDELINES FOR SEXUAL OFFENCE CASES IN THE CARIBBEAN REGION

FOREWORD

Although progress has been made in the Caribbean Region in promoting gender equality, there are still
many aspects which remain unresolved, chief among these being sexual violence against women, young
girls, and boys. The region experiences high levels of sexual and domestic violence, which are often under-
reported and ineffectively dealt with by the justice system.

The present approach by the justice system to persons who have been sexually assaulted in many cases,
leaves the survivor with a sense of betrayal. Preliminary hearings, where untrained police or court clerks often
lead evidence, frequently, if unwittingly, traumatize survivors of sexual assault. Personnel are often insensitive
to the trauma that survivors and witnesses experience when they are forced to relive the crime during the
investigation and prosecution of a criminal case, particularly while they are testifying in court. Delays in the
criminal justice system also mean that survivors may experience this trauma over a span of several years.
In several instances, the processes accompanying adjudication of these cases are not yet consistent with
international treaties, best practices and even domestic laws. Furthermore, the absence of specialized
procedures to address gender dynamics, gender based violence and family related issues presents a problem
which can have cyclical consequences. Greater effort is therefore needed on national and regional levels that
will markedly improve the capacity of courts to handle these types of cases efficiently and justly; improve the
treatment, support and protection of survivors and witnesses in the criminal process; and ensure that those
who have suffered from sexual or domestic abuse are able to give clear and effective evidence in court.

In response, the JURIST Project, under the guidance of the Advisory Committee and with the support of
justice sector stakeholders, developed these Model Guidelines as part of a comprehensive approach to
improve the management of sexual offence cases and the treatment of witnesses and survivors of sexual
offences throughout the region. The Guidelines provide guidance to justice sector stakeholders, namely,
judicial officers, attorneys, prosecutors, police and health and social care providers during the life cycle of a
case. The Guidelines set the minimum acceptable standards for the provision of quality service and support
to the survivors of sexual assault and equitable justice to all those involved.
It is hoped that the Guidelines will be adopted by all countries in the region and that its implementation will
result in:
- increased public confidence in the justice system as it relates to the handling of sexual assault cases;
- improved responses to survivors that will enable their full participation in the justice system, increase
offender accountability and reduce secondary victimisation;
- ensuring a trained and skilled cadre of cross-sectional professionals including judges, court personnel,
police and attorneys to efficiently respond to sexual assault cases, survivors and witnesses; and
- speedy adjudication of cases and reduction of case backlogs over time.

These Guidelines are a remarkable achievement of the region. They are the first of their kind that seek to take
a comprehensive, collaborative and systemic approach towards addressing the investigation, prosecution
and adjudication of sexual assault cases. However, the development of these Guidelines cannot be seen
as the final goal. Success lies with their implementation. These Guidelines should therefore not only be on
the desk of every justice sector stakeholder whose duty requires her/him to treat with sexual offence matters,
but should be frequently used as a reference in guiding and improving justice delivery in these cases. It also

1 United Nations Development Fund for Women (UNIFEM) and the Association of Caribbean Commissioners of
Police (ACCP, 2009)

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