Page 647 - Magistrates Conference 2019

MODEL GUIDELINES FOR SEXUAL OFFENCE CASES IN THE CARIBBEAN REGION

7.0 INTRODUCTION

The court may consider the opportunities and potential for rehabilitation whenever possible. Some sexual
offenders have a very high rate of recidivism and not all cases are appropriate for rehabilitation. The interests
of justice must be weighed against the likelihood of reoffending and whether rehabilitative intervention may
reduce that likelihood.

7.1 ADULT OFFENDERS

1. The court’s options for rehabilitation of an adult sex offender are often limited. To determine whether a
defendant is a suitable candidate for rehabilitation, the court may seek a comprehensive psychosexual
evaluation of the defendant.
2. The court may request the psychosexual evaluation to be done as part of the pre-sentencing procedures.
Usually, the court will appoint a specialist to undertake the evaluation and prepare a report for the court.
3. Once the court obtains an evaluation report suggesting that a defendant may be a candidate for
intervention and rehabilitation, the court then must consider the appropriate placement or service
delivery mechanism.
4. Rehabilitation is unlikely to be successful where the defendant has shown no remorse or where the
defendant showed a pattern of repeat offences or exhibited targeting and planning behavior.
5. Most of the options for rehabilitation of adult sex offenders, would ideally be part of prison treatment
programs that can provide supervision and psychiatric services as well as behavior modification training.
6. Where appropriate and where programs are available, the court can mandate as part of the sentencing
option, participation in prison rehabilitation programs and require reporting on progress to be made to
the court.

7. Adult offenders who successfully complete treatment may benefit from it in parole applications or
applying for sentences to be reduced or for transfer to a lower risk facility or lower risk area of the
particular prison.
8. Adult offenders will often not have access to family-based or community-based programs, though these
are to be encouraged, and for most sexual offences, as an alternative to custody, the court may not be
able to give an alternative sentence outside of a fine.
9. Even after completing a prison treatment program and after release from prison after completing
his or her sentence, an adult sex offender may still require aftercare programs and the court should
require participation in aftercare as a condition for early release where sentences are being reviewed
for reduction or early release.
10. In appropriate cases, the court may sentence an adult sex offender to probation and attach participation
in a sex offender treatment program in the community as a condition to the probation.

GUIDELINES FOR OFFENDERS REHABILITATION | 47