Courts must move faster for victims and accused persons

Retired Magistrate Reverend Graveney Bannister has spoken with clarity and insight on an issue that continues to haunt our judicial system and social realities.

The abuse of young girls through statutory rape and the failure of both police and, sometimes, their families to ensure that perpetrators are brought to justice is a sign of a deeper, darker situation. His call for stronger prosecution of these cases, even in the face of societal and familial silence, is worthy of attention by the administration.

Bannister, drawing from his experience in the court system, has drawn attention to the fact that too many men are escaping accountability for impregnating young girls, sometimes, shockingly, with the complicity or silence of mothers and guardians. This societal failure undermines the future of our children, particularly vulnerable girls who are robbed of their innocence and potential.

When mothers accept monetary payoffs or remain silent rather than report these crimes, they enable a vicious cycle of abuse and injustice. These girls, often lacking proper guidance or male role models, are drawn into exploitative relationships by men who should know better, and these men should be held accountable in our courts.

Bannister’s observation that “these men should be made an example of before the court” is spot on. The very purpose of the justice system is to protect the vulnerable and punish wrongdoing. When a girl becomes pregnant under the legal age of consent, it is statutory rape, plain and simple. No amount of money, silence, or even tolerance should obscure that fact.

The retired magistrate is right to shine a light on this situation where girls are drawn into adult situations far beyond their understanding. They are manipulated and exploited, often by adults they trust, while the system, too, fails to act appropriately. This situation represents a collective shortcoming that demands immediate action, as the former magistrate pointed out.

But Bannister’s plea does not stop at punishing perpetrators; he extends it to a broader, and perhaps even more urgent, issue. He, like many others on and off the bench, wants to see faster judicial proceedings. Speedier trials are a necessity. They represent a cornerstone of justice for both victims and the accused.

In rape and sexual assault cases, delays in trial can be devastating. For victims, especially minors, each delay in the process compounds trauma and prolongs their journey to healing. The adjournment of cases or lengthy delays leaves victims in limbo, unable to close one of the most traumatic chapters of their lives.

The island is simply witnessing too many cases being thrown out because they have taken disturbingly long to be adjudicated by our courts.

For the accused, particularly those who may be innocent, failure to begin cases for as many as ten or even 15 years inflicts reputational, emotional, and financial damage that is often irreparable.

A judicial system that allows such cases to languish for years defeats its very purpose. A swifter resolution not only serves the interests of justice but also restores public confidence in the courts. Mechanisms must therefore be implemented that prioritise such cases, whether through a specialised fast-track court or legislative amendments that demand tighter timeframes for prosecution.

Bannister’s call for the creation of support systems for teenage mothers, including counselling, financial help, and court-mandated paternal responsibility, is commendable.

However, it should not fall to individual constituent parts of the judiciary to patch up the system. There must be a coordinated national effort to ensure that support services, legal advice, and rehabilitation are all made available to these adolescent girls.

Furthermore, the problem of drug use and the influence of relaxed drug laws on youth behaviour, as Bannister noted, adds another layer to the complex issue.

Mixed messages about responsibility and accountability are already a challenge in sexual abuse cases. When compounded by a growing acceptance of drug culture, it becomes easier for predators to manipulate minors.

You cannot have justice in an environment where crimes can be negotiated in back rooms, where shame or economic desperation causes victims of these crimes to walk away rather than seek justice.

Magistrate Bannister’s words must not fade with his retirement. They should ignite policy shifts and possibly inform new legislative action.

The post Courts must move faster for victims and accused persons appeared first on Barbados Today.

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