NASSAU, BAHAMAS — Senate President Lashell Adderley yesterday declared that the Bahamian justice system is in need of “critical legislative and social reform” following what she labeled as a “substantial increase” in incidents of domestic violence, sexual assaults and abuse against women and children.
Adderley underscored that the four-year sentence of a 40-year-old man for impregnating a 14-year-old schoolgirl was a “slap on the wrist sentence”.
The case has been the subject of national discourse with the subsequent statements made by the deputy director of public prosecutions and minister of national security becoming the subject of controversy, with some calling for the minister’s resignation and an apology.
Minister of National Security Wayne Munroe, a Queen’s Counsel, suggested that had he been counsel for the accused man, he would have advised him not to accept such a lengthy sentence as the girl consented. He used case law to make the argument.
But Adderley said some victims choose not to report because of fear, lack of protection, victim blame, parental shaming, social judgment and a lack of sensitivity by law enforcement.
She made clear, “we must not judge these victims”, but the question must be asked what can be done to protect them, and encourage them to come forward.
The Senate president added that it was “demoralizing and dehumanizing” in instances when victims file charges against their perpetrators and give evidence, only see “their abusers receive plea deals” that see them back of the streets in no time to “lure other victims”.
“If this is what the law allows, then I declare that the law change,” she said.
Adderley said these cases and others such as ‘four-year-old D’Onya “Bella” Walker, who died as a result of blunt force trauma last November; Heavenly Terveus, 21, who was shot to death by her boyfriend in front of her one-month-old son in her parents’ home in January, and the case involving a Carissa Culmer, who was found hanging in a hotel room in front of her infant son, after months of alleged domestic abuse “reveals our system is in need of critical legislative and social reform”.
The Senate president said she was friends with Carissa and the pair spoke often about her future.
She said The Bahamas lost a mother, an adopted daughter, sister, niece and “my friend”, whom she described as a beautiful, kind-hearted person who “dearly loved the Lord and her only child”.
She said that though the young mother was discouraged with the vicissitudes of real life, she saw her “glass as half full”.
“I don’t know what occurred on that faithful evening… or what she experienced during her final moments on earth,” Adderley said.
“Immediately prior to her demise Carissa was heartbroken because despite her best efforts she could not obtain justice in a matter against her alleged abuser.”
Adderley detailed Culmer’s effort to seek justice through the courts, but said the accused was sentenced to 12-month probation with failure to comply resulting in six months imprisonment.
She said a warrant of arrest was issued in December for the accused’s failure to attend court, but up until Culmer’s death, the alleged suspect remained in plain sight, “active on social media, partying and enjoying life”.
“For three long months she lived in perpetual fear for her safety, afraid to go out, afraid to be seen and afraid to be in public,” Adderley said.
“Again, she strongly believed she was denied justice and protection under the law.”
Several senators agreed with Adderley and echoed her call for the law to be strengthened to protect minors and women in society.
Bills to amend the Child Protection Action, the Criminal Code Act and Penal Code, among others were read for the first time and table in the Upper Chamber yesterday.
