(CNS): Pearlina McGaw-Lumsden, the MP for George Town West, told her colleagues in parliament that she was the victim of an attempted sexual assault by a family member when she was younger, as she presented a private member’s motion for the government to establish a national sex offender register.
“I have worked through that experience. I have overcome it,” she told MPs. “But I still sometimes ask, what would my life have looked like if that attempt had been carried out? What would it have done to me emotionally? What would it have done to me psychologically?”
She continued, “If I, as an adult who considers myself to be strong, can still acknowledge the impact that an attempt has had on me, I cannot begin to imagine what a child or a vulnerable young person must endure when that abuse is carried out.”
In an emotional but well-presented argument for the register, McGaw-Lumsden said she was not pressing to create a public database to expose people to public embarrassment but because she wants protections in place and for law enforcement and safeguarding agencies to have the tools they need to identify risk, monitor offenders and protect the vulnerable.
“I know personally that even an attempt can change a person’s life, and I cannot imagine what that life-changing impact can be when the offence is actually carried out,” she said. “Society requires protection from those who are predatorial, who suffer from a condition where they’re not able to control their behaviour.”
Cayman already has the tools to allow law enforcement to monitor sex offenders after conviction through sexual harm prevention orders. But McGaw-Lumsden said this existing and useful tool is different from a register and serves a different purpose, but they can work together.
“A sex offender registry, as proposed in this motion, would provide a confidential administrative and law enforcement mechanism for retaining relevant information about persons convicted of prescribed sexual offences and support ongoing risk assessment, monitoring and appropriate information sharing,” she said.
“One mechanism can establish specific restrictions on an individual, while the other can help provide the information and monitoring framework through which risk is managed,” she told parliament.
The motion was broadly welcomed by members and passed unanimously after the government accepted the motion. Both Social Development Minister Isaac Rankine and Home Affairs Minister Nickolas DaCosta told parliament that work is already underway to begin the process.
Rankine told MPs that a working group, comprising representatives from the RCIPS, the Department of Community Rehabilitation, the Director of Public Prosecutions, the Attorney General’s Chambers, and the two relevant ministries, had been established to revise and strengthen the legislative framework to address sexual offences and to make recommendations for an SOR.
“The purpose of this work was, and remains, to ensure that we have the correct legal frameworks, systems, and operational capacity to prevent harm, hold perpetrators accountable, and reduce the risk of harm to the public through effective offender management,” he said.
“The initial findings of the working group support that broad approach of using a sex offender registry as a tool for appropriate agencies to manage offenders more effectively.”
Rankine confirmed that the aim is for a register that will be held by law enforcement and will not be publicly available except for specific permissions through controlled disclosure governed by relevant legislation.
He noted that confidentiality doesn’t mean that information can never be shared, but it should only be accessed and disclosed according to law and for a defined purpose. He also raised the problem of inadvertent disclosure.
“We are a small community, and in a small jurisdiction, information about an offender can sometimes inadvertently reveal information about a victim,” he said. “That is a risk we must take seriously and keep in mind as we make our broader policy decisions.
“We must ensure that measures intended to protect victims do not inadvertently expose them to further stigma or potential retraumatisation. The dignity and privacy of victims must therefore be a central consideration in the legislation.” Rankine also said that while convicted offenders must be held accountable, they need to be supported towards rehabilitation.
DaCosta spoke about the detailed arrangements needed to manage offenders on release from prison. He said a register must define registration and reporting duties, the powers required to enforce compliance, and what happens when a person fails to comply. The prison service must support the preparation and lawful sharing of relevant information before release.
“Risk assessments, relevant behaviour in custody, and treatment needs should inform planning for the person’s return to the community,” he said, adding that “registration must not be assumed to create supervision powers that the law has not provided”.
DaCosta was hopeful a register would help in the sharing of information around the region regarding offenders under supervision moving across borders. He said that adopting a register would require investment in trained staff, secure records, and the resources needed to carry out the work.
After release, a change of address or employment could alter an assessed risk, and a report of prohibited contact should reach the agency responsible for investigating it. The framework should set out how information is verified when a case is reviewed and how urgent concerns are escalated.
Pointing to the need for meaningful rehabilitation, DaCosta said he hoped people understand how important that part is. “People who commit sexual offences must be held accountable — no question about it — especially given the seriousness and number of incidents that happen annually in Cayman,” he said.
“But when they return to the community, we must address the risk of further offending, reducing future victims. That requires appropriate assessment and treatment directed at the factors associated with their offending, supported by lawful supervision and continuing review.
“Where mental health or substance misuse needs are identified, these should also be addressed as part of the person’s management plan,” he added.
The government has said victim safety must inform all decisions relating to a confidential official register. As DaCosta offered wholehearted support for the motion, he said there would be both stakeholder and public consultation before it is implemented.