Page 636 - Magistrates Conference 2019

MODEL GUIDELINES FOR SEXUAL OFFENCE CASES IN THE CARIBBEAN REGION

6. In particular, the court should consider the fact that the complainant may face ostracizing or isolation by
the community as a result of the sexual assault and may not have support mechanisms within their family
or community to return to. Care services can facilitate their recovery and reintegration or relocation to
another community.

Best Practice – On-Going Support Services for Complainants in
Sexual Offence Cases – Antigua and Barbuda

In Antigua and Barbuda, new policies and procedures focusing on survivor-centered
service provision prior to, during, and post-trial in criminal proceedings coordinated
by the Gender Affairs Bureau have been developed. The policies establish a mechanism
for coordination between the Gender Affairs Bureau, the police, and NGOs to
appoint an advocate as a support person for vulnerable complainants from the time of
the police investigation. The advocate coordinates psycho-social service delivery for
the complainant and accompanies them through the investigative, pre-trial and trial
processes of the criminal justice system and post-trial.

4.6 SUMMING UP AND DIRECTING THE JURY

1. In jury trials, the prosecution and the defence are entitled to make closing speeches to the jury to
summarize the main points of the case that they have presented to the court.
2. After the closing speeches, the court is required to give directions to the jury on the treatment of evidence
presented to aid in their deliberations as well as on directions on such issues as good and bad character,
collusion or contamination and admissibility and treatment of material discovered in the possession of the
defendant as may be needed.

3. In sexual offence cases, the judge may direct the jury to be aware of stereotyping the complainant. This
can arise especially in relation to delays in making a report, a complainant’s reaction to the defendant’s
behavior., and any previous relationship between the parties. The Bench Book of Jamaica² and R v Miller³
may be considered for guidance.

4. However, the direction should not make it appear that the judge is supporting one view or another.
5. Where the judge intends to warn the jury about stereotyping or unfair assumptions, he or she should
indicate that to counsel before their speeches so that they may address that in their final remarks to the
jury if needed. Moreover, it is desirable that directions should be discussed with counsel and their precise
content agreed in advance.
6. It may also be prudent for the judge to raise with counsel, in the absence of the jury, the specific legal
issues which need to be the subject of specific references in the summing-up.

2 Government of Jamaica, (2017). Supreme Court of Judicature of Jamaica Criminal Bench Book.

3 [2010] EWCA Crim 1578.

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