A caution sends the wrong message

Tuesday, July 03, 2007

People will be horrified to hear that among nearly 90 sex offenders who have been let off with a caution over the past two years are some who confessed to offences against children. More cases are coming before the courts, but obviously even more are being processed without a court appearance.

Using the Freedom of Information Act, the Belfast Telegraph has obtained details of the way police are dealing with many sex offenders. If they admit their guilt, they receive a caution - which goes on their record - and have to sign the sex offenders register, allowing them to be monitored.

What is most worrying is that among the offences recorded, there were 14 cautions for indecent assault on a child and two for taking indecent photographs of children. No one had to appear in court, to answer the charges, and the perpetrators are still at liberty, known only to their victims and families.

In England last month, a similar Freedom of Information query by the BBC revealed that almost 8,000 sex offenders had escaped with a caution in the past five years. Among their offences were 1,600 involving children, 350 involving a victim under 13 and 230 for rape. " Very few" cautions, according to the new Ministry for Justice, were for rape offences against children, and currently there is a review to ensure that children are better protected against paedophiles.

The idea that rape could be dealt with by a caution is deeply offensive, yet when the victim does not want to proceed with a prosecution it may be the only option. In the vast majority of cases, however, it is very unwise to let offenders off with a caution, not having to face the critical verdict of a magistrate.

When sex offences are on the increase, it sends the wrong message to both predators and victims. It says that such offences are not serious enough for a jail sentence, nor is the effect on the victim so important.

Nexus, the charity which supports victims of sex abuse, is rightly concerned by evidence that "the scales of justice in Northern Ireland are not balanced in support of the victim". Those who break the law, it says, should receive some form of sentence.

In England, there is the excuse that jails are full, and that the Child Exploitation and Online Protection Centre, set up to tackle online paedophiles, argues that not all offenders - only the right ones - should go to prison. A pilot project has been launched, allowing parents to know the level of risk from known paedophiles. Here the PSNI, through the Policing Board, should be required to explain how it is tackling the subject - and revise the caution-led policy.