Online Reporter
WITH more than 4 600 sex offenders serving prison sentences, 22,6 percent of the entire prison population, it is clear this group of crimes is far more prevalent than most people might suppose, especially as most experts consider it still severely under-reported.
Childline, a voluntary aid agency that tries to help children seeking assistance, reports that around 2 728 of the calls it receives in a year from such desperate children involve sexual abuse and assault, in many cases involving the father of a girl.
While the main purpose of a prison sentence is to remove a dangerous person from society while they are reformed and rehabilitated, repeat offences are not unknown as some refuse to learn their lesson.
So the mounting pressure for a sex-offenders register in Zimbabwe is welcome, as we seem to definitely need this extra help in combating the crime.
It is unlikely that the number of sexual assaults and other offences is increasing as a percentage of the population, even though large cities offer more opportunities and anonymity, but it is certain that more people and more families are now willing to report a crime that used to be covered up by many.
A sex offenders register would allow the authorities to follow up released prisoners, or for the less severe cases follow up someone who had just been fined or given community services, to help keep them on the straight and narrow.
It would ensure residential addresses were kept updated, important for some investigations.
It would allow checks to be made on those seeking employment in some sectors, mainly education and other care activities involving children, and probably some areas of nursing where abuse is possible. These sort of checks are becoming more common around the world as jurisdictions try to make children and patients safer. A sex offence basically bars a subsequent career in certain fields.
While legal and ethical theory demand that once someone has “done the time” they can return to society and start afresh, without being hounded or shamed, we do have some rules where a previous relevant offence does make a difference.
For example, when you apply for a firearms licence or renewal of a licence, among the checks is the requirement for a set of fingerprints taken by the police.
The authorities like to check that you have no convictions for a crime of violence, especially one involving a firearm, and have not been convicted of lesser firearm offences, such as leaving a firearm or ammunition unsecured.
You might have served your sentence or paid your fine, but are still not regarded as a fit person to own or control a firearm, the safety of the public being of greater importance than your rehabilitation.
The same argument applies when it comes to convicted sex offenders teaching a class of children, or working in a crèche. Few would deny that they are not fitted for such a role.
A recent workshop of those who are pressing for a sexual offenders register and those in authority who would have to keep the register was unanimous that such a register would be useful and could be used to protect the public. The question that arose is how to protect a reformed offender who has completed their sentence, and bearing in mind Constitutional guarantees given all citizens, including those behind bars.
Obviously the register would be a restricted database, accessible only by listed and trusted officials who had a reason to access. There could be no general public access as that would tip the scales too far against the reformed offender, who is entitled to live a quiet life if they keep out of trouble.
One significant use would be to clear those seeking teaching posts or other employment concerning children.
But even here it is unlikely that a request for clearance would ever be denied since it would be extremely unlikely that a convicted offender would put forward their name. Once it was known that those with such a history are barred, they are not going to take a chance. We see this in firearms licence applications where the convicted robbers just do not bother.
Some care would be needed when using the information in police investigations, so the clean-living and reformed offender is not unduly harassed.
But when there are grounds for suspecting a repeat offence, having fingerprints and DNA readouts on file can both confirm a crime and clear the innocent.
It would probably be a good idea if a judge of the High Court had ultimate authority, once Parliament and officials set the standards, over how the information was accessed and used.
One final provision should be an appeal process to have a name removed from the register.
Experience in other countries has found a small number of injustices for lifelong listing on the register, usually involving age-of-consent cases where a pair of teenagers very close in age get carried away.
While these cases are not generally prosecuted in Zimbabwe so long as there is no abuse of authority or coercion, prosecutions could happen and later on a judge should be able to decide if the lifelong listing serves the safety of the public.
