Setting up of the sex offenders registry

Lesego Nswahu Nchunga | Monday October 26, 2020 13:04

It is also important that where a step is taken in a positive direction, that too is acknowledged and that credit is given to those to whom it is due.

This week’s piece is for the latter – to give credit to our government for finally hearing our wails, and taking a single, yet critical step towards reformation.

In a welcome and very well calculated political move, the Sexual Offenders Registry Bill was published on the 16th September 2020.

In the Botswana Government Extraordinary Gazette, dated 16 September 2020, the Memorandum on the Bill to be presented to the National Assembly is outlined. The object of the Bill is to draft the Act to provide for registration of sexual offenders, monitoring of sexual offenders and for the matters connected therewith or incidental thereto. 

Many attribute the Registry to Bogolo Kenewendo’s legacy. Others propose that the journey started with the #IShallNotForget movement, which brought our nation together over the wrath of the Sebina defilement controversy, in which national leader Fidelis Molao assisting Council leader Kemmonye Amos to try to cover up the defilement case that was levelled against him.

The case was registered following an alleged predatory relationship which resulted in the survivor becoming pregnant.

In the leaked communication between Molao and Amos, the former suggest to the latter that Batswana easily forget such moral stains. The #IShallNotForget movement stood against this declaration, making the statement that Batswana do not forget, and that they in fact hold our leadership accountable for their actions. The registry is such an important tool for the public. It would track the home addresses of the sex offenders, in an effort to make communities safer.

The idea is that those convicted of certain sexual offences to register their home addresses with the government.

The information of their addresses along with the public court records of convictions, creates what would hopefully be an online registry that allows the public to search geographical areas for sex offenders living nearby and learn about their crimes. It is important for the useful and informative information to be shared with the public.

The good sense in this is that many sex offenders get really light sentences which do little to ease the hurts of the victims and survivors.

Further, often times, perpetrators of sexual violence become repeat offenders, and perpetrate violence against other victims. We have seen it happen even when sexual offenders are allowed bail, where they commit the same crime they are charged with.

The registry, in addition to the above, works as a very significant deterrent for sexual offenders, from perpetrating crime, as they would know that their crimes would follow them for far longer than they may need. The consequences outlive the crime.

The above said, in many countries where the sex offenders registry has been implemented, and where their effectiveness has been analysed, there have been findings which have been published, examining the intended effect of preventing first time offenders, reducing sexual recidivism for known sexual offenders, as well as to examine the unintended effects of the registration and notifications, such as the reduced probability that individuals who commit sexual crimes will be prosecuted or convicted of such crimes. Finally, the research would try to find out whether the registration violations were associated with sexual or general recidivism.

In the first few of years, it was found that there were significant reductions (usually about 10-11%) in first time offenders. However, for six years following that, the decline would not be so significant.

The reasons for this were not found, however, they were quite telling of the nature of sexual offences.

In addition to this, across sexual registered sex offenders, in the first ten years of their registration, they would have more cases registered and filed against them, than when they were registered, following their convictions. This meant registered sex offenders were not less likely to recidivate than non-registered sex offenders, following the registry. Sex offences and charges were noted to usually be reduced to lesser charges of usually non-sex crimes over time.

This increased over time, with defence teams becoming stronger in their defences of sexual offences and crimes, amongst other factors.

This meant although people would have committed sexual crimes, for the reason that these would not be convicted, they would not be registered.

The registry would therefore not be a true reflection of the crimes and the criminals – an age-old dilemma! Further, even where perpetuators were charged with the relevant offences, the rate of conviction remained low.

The general effect of deterring sexual crimes, over longer periods of time, remains questionable, regard had to the above.

This has an impact on reducing the community safety, if we are to say that the registry is important for the increase in community safety.

The likelihood of perpetrators having crimes modified, or not being convicted remains a real challenge which activists, advocates as well as national leadership needs to turn their attention to, as this may be most effective.

That said, we do hope that, as promised by the president, the Bill will be presented in the next sitting (November), and thereat, passed, to allow us to start assessing its effectiveness in our country, and to start learning the necessary lessons and making the necessary recommendations for reform.