Search Results for 'sexual harassment'
Estella laid to rest
(CNS): In the wake of charges against her murder suspects, Estella Scott-Roberts was laid to rest on Saturday morning at Prospect Cemetery following an emotional service at the First Baptist Church and tribute by her husband Rayle Roberts. Only two days before the funeral, Larry Prinston Ricketts (25) and Kirkland Henry (27) were charged with her murder, robbery and abduction. Henry also been charged with rape. (Photo by Lennon Christian)
The two Jamaican nationals, both work permit holders living in George Town employed as a gardener and a carpenter, were remanded in custody by Magistrate Margaret Ramsey Hale on Thursday 30 October and told to submit their applications for legal aid in order to gain legal representation before they next appear in court on Thursday 6 November.
According to the Solicitor General, Cheryll Richards, there is significant evidence against both the men for the murder including material evidence, as they were both said to have had possession of Scott-Roberts’ cell phones. She also said there was forensic evidence against them as well as detailed admissions. Neither of the two men has yet entered a plea to the court and appeared without lawyers.
Estella Scott-Roberts was the former director of the Crisis Centre and a fearless activist against violence in the community. She joined Cable and Wireless as a Communications Manager in 2006, but continued with her work campaigning against violence perpetrated on women and children. She was also a member of the Human Rights Committee and had recently worked with the Sexual Harassment and Stalking Task Force to help introduce a law against these acts.
Her body was found in her own burnt out car in the remote area of Barkers in West Bay on Saturday 11 October. She was last seen leaving Decker’s restaurant after having dinner with friends around 11-11:30 pm. Her car was eventually found after an extensive search involving, friends, family, the Department of Environment and the Royal Cayman Islands Police Service.
The news of her death sent shock waves through the community andfuelled extensive speculation over the motivations and potential perpetrators of Scott-Roberts violent death. Despite the distractions of the rumour mill which suggested her death could have been connected to her work, the police persisted with their lines of enquiry and arrested Kirkland and Henry on Monday, 27 October. Once the police announced they were charging the men with her murder, they said they were no longer able to make any comment. So far no motive has been officially offered for the crime and there is no indication whether Scott-Roberts was known, or not known, to either of the accused men.
Violence policy under review
(CNS): The government is forming a special panel to review policy and legislation as it relates to domestic and gender violence and abuse. Minister for Health Anthony Eden has said the group of experts will havethirty days to examine existing lawsand policies and then recommend what Cayman needs to do to seriously address this type of violence in the community.
Speaking at the Silent Witness March on Saturday, 18 October, the minister announced the intention to take a closer look at how the issue is currently dealt with and what is required to put a stop to domestic and gender violence. He said that the community must continue the work of Estella Scott-Roberts, a staunch advocate against such violence who was murdered on 10 October.
He said that the real challenge was to address the need for a cultural and behavioral switch in the community to spread the message that relationships based on power and control are flawed. “Violence against women is a male issue,” he said. “We need to redefine masculinity away from aggression and control.”
Paying tribute to Scott-Roberts and her work he said her message would not be ignored and that more must be done to stop the continued violence. He also said that in recognition of her efforts to form and for several years manage the Cayman Islands Crisis Centre he would speak to the Board of Directors about renaming it in her honour.
Above all he emphasized the need to continue speaking out against domestic and gender violence as Scott-Roberts had done. “We will not be silenced,” he added.
Eden said that something must be done to address the gender violence that is so common in the Caribbean region as a whole, and in Cayman he said it was a cause for everyone.
Cayman has made significant strides in recent years to address the issue of domestic violence. However, a number of local advocacy groups all state there is more to be done, and the Business and Professional Women’s Club has been seeking to have legislation passed to make stalking and sexual harassment against the law.
According to the Women’s Resource Centre, violence occurs in 21% of relationships, and 95% of that abuse is perpetrated by men. 70% of men who batter their wives, sexually or physically, abuse their children, and violent juvenile delinquents are 4 times more likely than other youth to come from homes in which their fathers beat their mothers. Children who witness domestic violence are 5 times more likely to become batterers or victims in their adulthood. Worldwide, one in 4 women experience domestic abuse at some point in their lives, and victims of domestic abuse will have suffered at least 35 beatings before making any formal report.
Anyone who needs help regarding these issues can contact the Women’s Resource Centre at 949-0006, the Crisis Centre 949-0366 or the RCIPS Family Support Unit 946-9185.
Coach remanded on sex offence conviction
(CNS): A local man was remanded in custody on Thursday afternoon as he awaits a Grand Court decision on the length it time he will serve in connection with a sex crime against a teenage girl whom he was coaching at a local sports club. The 33-year-old man is charged with defilement after having sex with her when she was just 13 and he was 31, and possessing an indecent image of a child as he had videoed the two of them having sex. The crime came to light when the teen had a row with her parents and she told them about what she believed was a consensual, loving, relationship with her coach, who is 18 years her senior. Following the teen’s revelations, the man was arrested and he admitted his guilt.
Appearing before Justice Charles Quin on Thursday afternoon, the man, who cannot be named due to a court order restricting the publishing of any information that could identify the teenager, was told that a custodial sentence was inevitable. He was remanded in custody after being on bail for many months, having been arrested in March 2013.
The court heard that the young teen, who is now 15, and her family have all suffered a very difficult time since the crime came to light. The teenager has since been sent overseas to school as a result of the harassment she and her family have suffered after exposing the coach, who appears to be well-liked by other parents and players at the sports club.
As a result of the sensitivity of the case, the crown revealed little about it in open court, though the judge was supplied with all of the evidence and relevant documentation. The court heard that the teenage girl did not believe herself to be a victim and was anticipating that she and the coach would be revealing their relationship as soon as she was 16.
However, the crown said that the video image found on the coach’s phone when he was arrested had been made without her consent.
Outlining the aggravating circumstances of the case, the crown said the case was a very clear breach of trust, as the man was the teen’s coach, and there was also the disparity in their ages to consider.
In mitigation, the man’s attorney said her client accepted full responsibility and did not wish to diminish what had happened, but she pointed out that this was a consensual situation and he too had considered it to be a real relationship. The lawyer said her client had pleaded guilty at the outset and had cooperated fully with the police. He was of previous good character, held a job for some 14 years and was held in high regard in the community.
A social enquiry report revealed a harrowing background for the coach, who had been subjected to sexual and physical abuse when he was young, and that this was “a classic case of the abused becoming an abuser”.
Despite his own appalling upbringing, the coach had, however, taken a positive path in life and this was the first time he had done anything wrong. The lawyer explained that the coach had genuinely started out wanting to help the teenager, who was going through a difficult time. But he acknowledged it went too far and that it was a “monumental error of judgment that will cost him everything”.
The lawyer pointed out that there had been no intervention to save him from his abuser and no therapeutic help available to him as he was growing up. To compound matters, a programme that was recommended by the probation service for the coach to undertake is not available in the Cayman Islands.
The court also heard that the coach is a father of two, and although separated from his children’s mother, the pair have an amicable relationship and he is very active in his children’s lives, providing for them financially as well. The lawyer noted that sending her client to jail, which she acknowledged was inevitable, would add to the number of people who will be hurt by the offence.
Justice Quin remanded the coach into custody and said he would deliver his verdict on the sentence on Tuesday 27 May.
Activist’s sex offenders list investigated by cops
(CNS): Local activist Sandra Catron, who is trying to push the debate forward about how Cayman deals with sex-offenders, has herself become the focus of a police enquiry as a result of the Facebook page she created to name those who are convicted of abusing children or other sex-related crimes. Because the law prevents the media from publishing anything that could identify a victim in such criminal cases, often the perpetrators escape being identified despite being convicted of what many believe are some of the worst crimes committed in the community. For years Catron has battled in vain to have the local authorities create a register that can be viewed by the public.
As a result of a number of disturbing convictions recently, however, Catron has created her own unofficial register.
But the naming and shaming of convicted offenders continues to be controversial in Cayman because of the law and the size of the jurisdiction. The media has been criticised for not naming offenders but court gag orders and legislation that could turn on the publishers makes the local press reluctant to name them. Because Cayman is such a small jurisdiction, the authorities could easily suggest that naming a sexual predator would identify a victim, leading to prosecution of the reporter or owners of the publication. Although there is no blanket law prohibiting the naming of offenders, the result has essentially been the same.
Frustrated by the issues and as a result of several current rape cases in court, Catron decided that it was time to break the silence herself.
“Many victims from years gone by have come forward and are providing content and details of their assaults. Sexual abuse and rape is a deep-seated issue in these islands and we must take all steps to eradicate it. This sex offenders registry is only one such tool. The naming and shaming of offenders is necessary. Victims are having to live in shame whilst offenders are free to roam the streets and work in any jobs they can obtain,” she said.
However, following the creation of the new page, the police began investigating the issue, which Catron said sent a clear but wrong message to victims. Not only have consecutive governments ignored the pleas to set up a government-managed registry, now, when the community takes action themselves, the police are attempting to shut down the registry, she said.
“I must admit that this is the one time that I welcome the RCIPS to come and arrest me,” Catron told CNS. “I stand prepared to seek out international human rights groups and other entities for their support. I am extremely disappointed with this latest development. Victims have set aside their fear and come forward to assist me with the publications for the registry so I will stand strong also. By arresting me the RCIPS will not stop the publication as there are others not located in Cayman who have ample administrative rights to the page,” she said, as she accused the police of harassment.
With what she said had been overwhelming support for the registry, Catron said she is not giving up easily as she said more and more cases come to light on a daily basis.
Asked about the plans to close down the registry, the RCIPS said that the police were investigating the matter.
“The printing or publishing any information which could identify the victim of rape is an offence,” a spokesperson for the RCIPS told CNS. “The posting of names and photographs on this Facebook page causes us a great deal of concern. Firstly, the action could prejudice forthcoming court cases, but more importantly by identifying the accused this will in turn lead to the identification the victim. In this latest case involving a 12-year-old girl, while she is not named on the Facebook page, anyone who knows the accused or recognises him in the posting will be able to identify the victim. Thus re-victimising a vulnerable child who has already suffered so much,” she said.
However, Catron notes that no one who has not been convicted is named on the page and no victims' names appear.
“Every effort is taken to remove any identifying information as it relates to the victim,” Catron stated. “However, victims will not be subjected to any harassment as a result of this. Most victims have given me their full support and discussed their horrific ordeal. The page will also include things like anonymous impact statements from victims so that we can all learn and see how these incidents really affect people. We do not live in a vacuum and many amongst us are suffering,” she said, adding that it also offered general education on protection against sex crimes and signs of abuse.
There is no doubt that the persistent efforts by courts, the police and others involved to protect vulnerable victims has had the direct effect and unintended consequence of protecting offenders, who are then able to re-position themselves to continue their offending behaviour once they are released from prison, as they can gain the trust of others who know nothing of their crimes.
Local man denies rape and possession of gun
(CNS): A man accused of raping a woman at her home last year while in possession of a gun has denied having a weapon or forcing the woman to have sex. Dwight Wright said that he was invited to the complainant’s house, where he had consensual sex and was unarmed. However, the victim said that Wight kicked in the door of her home, as evidenced by his foot print on it and the damaged frame, and then forced himself upon the woman. The victim said she did not scream or try to fight off her attacker, whom she once had a relationship with, because aside from living in a remote area, she felt she would have still come off the worst.
Clearly distressed and reluctant to given evidence at first, the victim told the court she did not want to pursue the complaint as she was so nervous and just wanted to put the incident behind her. However, questions put to the witness by the prosecuting counsel, Trisha Hutchinson, saw the woman relent and repeat the evidence from the witness stand that she had given to the police the morning after the incident.
She told the court how she was watching TV at her home on the evening of 13 June when Wright crashed into her home by kicking in the door. She said he had a small gun in his pocket and although he did not threaten her with it she was frightened about what he might do. Taking her phone from her he forced her into the bedroom where the sexual assault took place. The victim revealed that Wright had persisted with the assault throughout the night and left around 5:30 the next morning, when she called 911 and reported the attack.
The victim told the court that she and Wright were at one time intimate but when she realized there was "something not right about him” and that he was "unstable”, she ended the relationship some four months before the rape happened. Despite this, she said, Wright continued to stalk and harass her, damaging her property, stealing from her and constantly calling her. She said she had reported his harassment to the police on many occasions but little was done to help her.
Under cross examination she admitted that she had called Wright herself on the day in question but she said it was when she stopped returning his calls and texts in the evening that he had then come to her house. The victim also admitted calling the defendant after the incident while she was driving with a female police officer to the hospital for the post assault rape-kit. She said this was totell him she had reported him to the police and that this time he was not going to get away with it.
The victim denied the suggestions placed by defence attorney John Furniss that his client was unarmed and that he had gone to her home at her invitation where consensual sex had taken place.
The case, which is being heard in a judge alone trial before Justice Alex Henderson, continues Tuesday and is expected to last three days.
Tribunal set to hear workplace inequality complaints
(CNS): Following the implementation of the gender equality law two weeks ago the tribunal that will hear complaints under the legislation has now been appointed. Chaired by attorney Sheridan Brooks the tribunal members are Karie Bergstrom, Shaun Cockle, André Ebanks and Tammy Ebanks. Anyone with reasonable grounds to show they, or anyone they know, has been discriminated against on the basis of sex, marital status, pregnancy or gender, a complaint can be made to the five member tribunal within six months from the date of the incident.Approved by Cabinet on 31 January, Mike Adam the Minister responsible for gender affairs said that after thorough consideration the five qualified individuals had committed to the initiative.
“I am confident that this Tribunal will help improve work environments, so men and women can enjoy equal opportunities,” he said. The minister added that the tribunal members were equipped with qualifications and experience in fields such as gender issues, social development, human rights or labour as required by the law.
The law requires that the tribunal chair is a lawyer and Brooks was the first qualified Caymanian female attorney to open a legal practice in the Cayman Islands just over 21 years ago. Brooks firm has a special emphasis on civil and matrimonial litigation.
Karie Bergstrom is currently employed at Deloitte in a dual role as a Director of Human Resources and Consulting and with over ten years’ experience in human resources she fulfils the requirement of a labour expert on the tribunal.
Shaun Cockle is a specialist employment lawyer at Appleby with over ten years’ experience dealing with litigation matters and advisory work. In this capacity, he advises and prepares matters for Grand Court and Labour Tribunal involving breach of contract, unfair dismissal/constructive dismissal and severance. \\
As also required in the law André Ebanks is a humanrights and social development expert. A. past member of the Cayman Islands Human Rights Committee, which was the predecessor to the current Cayman Islands Human Rights Commission, Ebanks also acted as co-counsel in the first Cayman Islands petition to the European Court of Human Rights. He is currently employed with Walkers as a fund lawyer.
Finally government’s policy advisor for gender affairs Tammy Ebanks completes the tribunal line up with her qualifications and expertise in the areas of gender, social development, and human rights. Formerly with the Women’s Resource Centre, she has also participated in regional research projects focusing on gender issues, as well as presented papers on gender focused topics at regional workshops and conferences.
Look out for more information on how to file a complaint and procedures of the Tribunal and to learn about your rights under the new Gender Equality Law, visit www.genderequality.gov.ky.
See tribunal members’ full biographies below
Stalker found guilty of rape
(CNS): A man who systematically stalked, harassed, abused and sexually assaulted his former lover was found guilty of rape, assault and abduction by the chief justice Monday. Philip Rose was convictedof the crimes following a judge alone trial in which the court heard how he had emotionally and physically abused his victim over a two and half year period after she broke off their relationship. Rose had denied the offences, accusing his victim of being an abusive, jealous and controlling woman who had contrived the allegations against him after he had rejected her. However, as a result of telephone messages, texts and emails that his victim had kept over the period of abuse, along with other evidence, the judge took a different view.
Chief Justice Anthony Smellie presided over the trial of the George Town man in November when, over three days of evidence, the victim, a former executive of the Cayman Islands branch of a major bank, recounted a harrowing ordeal of abuse in which she became trapped through fear and embarrassment.
She described being stalked “every minute of the day”, with Rose being “always just 10 metres away” controlling her entire life through fear and intimidaiton. He followed her to and from work and whenever she went out; he repeatedly turned up and knocked on the window of her apartment; he constantly called and texted her cell phones and her office line, making abusive threats. He also physically assaulted her and raped her on some six occasions.
The victim had made some attempts to contact the police during her ordeal but had failed to follow through with the reports as a result of a number of what the judge described as complex issues and because of fear of her abuser.
She had, however, reported the rape and abuse to a local counsellor and had seen a doctor after two physically violent assaults that Rose had committed against her, long before she eventually transferred to Canada and filed her complaint against him.
As well as taking pictures of her injuries received at the hands of Rose, the victim had also saved a significant number of the phone messages, texts and emails that Rose had made and sent to her from when the abuse and stalking first started after she broke up with him to when she had moved to Toronto.
It was these messages that the judge said painted a very different scenario from the one claimed by the defendant that he was the victim of a jealous, scorned woman’s false allegations. The telephone messages were exceptionally abusive and aggressive, littered with expletives and profanities as well as frightening threats. The judge said the messages were threatening and violent and illustrative of the state of mind of the defendant.
In his verdict, in which he found Rose guilty of six counts of rape, two of assault causing actual bodily harm and one of abduction, the judge said that despite some behaviour on the part of the victim that may seem hard to understand, he was satisfied she was telling the truth about her ordeal and in particular the specific counts on the indictment.
He said the aggressive and abusive telephone messages revealed an “obsessive, controlling and arrogant man who refused to accept he had been rejected.” The nature of the messages made it clear that they were not empty threats, as claimed by the defendant, but evidence of the abuse.
The judge found that the victim had not contrived the allegations after the event, in part because he said the messages began at the point when the victim claimed she had ended the relationship.
The victim had admitted to having a consensual affair with Rose when she was going through a difficult period in her own marriage. She had met him in a West Bay Road bar in 2006, where she had given him her number, and soon after they developed a largely sexual relationship that lasted for around five months before she discovered that Rose, who was also married and claiming to be going through a divorce, had many other lovers.
She told the court that on the day the victim broke off the relationship he changed and become aggressive, abusive and threatening. He told her thatshe belonged to him and he would never let her go.
For more than two years he was true to that threat and it was not until he abducted her and kept her captive in her own home for more than two days abusing, assaulting and raping her whilst she suffered from a concussion that she finally confided in her boss at the bank and systematically began to plan her escape and formally reported the crimes to the police.
The judge noted that the victim’s trust in the police had been undermined at the very start as she said a complaint she filed was lost. Later, with what he described as "the lackadaisical" efforts by the Family Support Unit, the records of her complaints there were also lost. The victim was put off too by the dismissive manner in which she claimed she was treated when she had first approached the police to make a report.
The victim finally broke through her silence, which was caused by a combination of fear for her safety, fear over losing her career, of him interfering with her immigration status, public exposure and embarrassment, as well of a feeling that she had caused the problem. Fearing that he really would kill her the next time, she revealed her ordeal.
When she made her escape to Canada, the messages from Rose were even more aggressive and threatening, despite claiming that he was the one who had by that time broken off what he claimed to be a continuously consensual relationship. When he finally realised that she was following through with the report and revealing her ordeal to the authorities, Rose left the Cayman Island for Panama where he was arrested in February of this year.
During the trial the victim admitted going along with Rose on occasions when he demanded and letting him into her apartment, where she had given reluctant consent to sex as she said sometimes it was just easier to give in because of the relentless harassment and a way to gain some piece of mind.
“I was embarrassed and I was scared and I did not know where to turn,” the victim had revealed in her evidence, adding that she really believed Rose’s threats that he would kill her or her husband.
In his verdict, which took three hours to deliver, the judge noted that consent when given as a result of force fear and intimidation was not consent.
Prior to the trial Rose had pleaded guilty to one of the counts against him, which was for abusing the complainant via an IT network in connection with the texts, emails and phone messages he sent.