Securing a conviction in statutory rape cases can be somewhat difficult as there is unwillingness on the part of the victim to give evidence.
So said president of the Police Service Social and Welfare Association, Insp Michael Seales, as he commented on statements by Attorney General Faris Al-Rawi who had called for the police to do more to bring men to justice who impregnated girls between the ages of 12 and 16, which was considered statutory rape.
The AG was speaking at a consultation, titled Married Acts and Issues Related to Children, hosted by the Attorney General’s office at the Hyatt Regency, Port-of-Spain last Friday.
Among issues discussed at the consultation were child marriage, domestic abuse, teenage abortion, teenage pregnancy and sexual offences matters.
However, Seales said, such cases were not as cut and dried as they appeared.
“The issue is the cooperation of the witnesses. It is one thing to say that the police must bring the perpetrator to justice but there must be co-operation and in most instances from the experience of some of the investigating officers is that persons are not willing to even provide a statement.
“Or they may avoid interacting with the police officer all together.
“In other instances the person becomes pregnant and it is only then it is discovered that they were having sexual intercourse,” Seales said.
He said it was important that the Victim and Witness Support Unit play a greater role in this particular area, especially in the area of counselling.
“This is especially important so that the victim does not feel they are the culprit in the whole situation.
“This would go a long way and the membership is also willing to give it their all to make sure that offences such as these are properly investigated but again there is seldom co-operation,” Seales addedd.
He said it was difficult to work without a witness statement as the evidence must be captured, including a statement from the parent.
“You cannot just interview the minor without having the consent of the parent and this plays a major factor.
“The issue is not that the police don't want to do their work but these are the challenges we are faced with and these hindrances prevent them from carrying out a successful investigation that leads to prosecution,” Seales added.
He said there was also an obligation on the part of doctors to also report to the police whether a minor was sexually abused or a victim of statutory rape but this was not always the case.
“There is under-reporting in that area because sometimes the medical institutions do not do what they are supposed to do,” Selaes said.
A spokesman from the Victim and Witness Support Unit said one of the mandates of the organisation was to engage in counselling and support the victim as much as possible.
The spokesman also agreed with Seales that due to shame some parents may be unwilling to co-operate with the police in bringing the perpetrator to justice in instances of statutory rape.