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MODEL GUIDELINES FOR SEXUAL OFFENCE CASES IN THE CARIBBEAN REGION

1.2 STATEMENT OF PURPOSE AND GUIDING PRINCIPLES

The main purpose of these guidelines is to provide a set of directions for policies and procedures for the
courts in the Caribbean in the adjudication of sexual offence cases. However, the guidelines also recognize
proper adjudication of sexual offences requires the input and services of other agencies such as the police,
prosecutorial and medical sectors. These agencies may have existing policies and procedures for their
operations and it is hoped that these guidelines will strengthen existing practices by demonstrating what
will need to be done to properly prepare sexual offence cases for court while protecting the rights of the
complainant and aiding their recovery without infringing the rights of the defendant. Specific examples of
directives for the police and medical services that will be needed to prepare sexual offence cases for the
court are provided in the appendices and can be adopted for implementation in those agencies that may
lack specific protocols.

The guidelines take a “rights-based” perspective and is underpinned by the general provisions of the sexual
offence laws throughout the Caribbean as well as the international instruments that have influenced the
content of policies and protocols protecting the rights of women and children. The most important of these
international instruments are the CEDAW Convention, the Convention De Belem Do Para, the CRC and the
Convention on Transnational Organized Crime. Overviews of these conventions are provided below.
It is hoped that this comprehensive approach will streamline services and prioritize the rights and needs of
complainants and defendants in achieving best evidence for adjudication.

GUIDING PRINCIPLES

The following guiding principles will be the foundation of all court proceedings and services provided by
the court:

1. The rights of all complainants and defendants will be protected and all service delivery will respect their rights
and dignity.

2. All court services will be provided in a non-judgmental way that facilitates the empowerment of complainants.
3. Specialized training is an essential part of ensuring the best evidence is collected from complainants.
4. Service delivery must not re-victimize the complainant or traumatize witnesses.

5. Vulnerable complainants or witnesses will receive specialized support services.
6. Service delivery will recognize that due to the traumatic and disruptive nature of sexual assaults, support
services will be needed for complainants and this may require multi-disciplinary collaboration with other
agencies.
7. Confidentiality and privacy of complainants will be respected and protected.

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