The complexity of sex offender registries

Thu, Aug 24th 2023, 09:43 AM

Minister of National Security Wayne Munroe last week announced that serial groper Sidney Cooper was being released from the Bahamas Department of Correctional Services.

Cooper, 47, has a laundry list of convictions for indecent assault dating back to 2000.

Cooper's more than 15 convictions for sexual offenses came over the course of 19 years with two convictions in 2000, three convictions in 2005, six convictions in 2006, one in 2014, three in 2016, and a single sexual offense conviction in 2019. In total, he was sentenced to more than 20 years in prison.

His most recent conviction was in 2019 when he was sentenced to six years in prison for groping a nine-year-old girl at a public pump and a policewoman while on trial in 2016.

Magistrate Samuel McKinney handed down the sentence after Cooper groped another female officer while on trial.

Munroe said though the announcement was to warn the public that a registered sex offender was being released, it was not an invitation to harm Cooper.

Many members of the public questioned why Cooper was being released at all.

Munroe cannot have someone detained in prison once their sentence has been served.

But several questions about the matter naturally arise.

Why, for instance, has the law not been amended to make serial sexual offenses of this nature an indictable offense?

And why was Cooper not charged with indecent assault under the Sexual Offenses and Domestic Violence Act?

Cooper has been diagnosed with frotteurism — the practice of achieving sexual stimulation or orgasm by touching and rubbing against a person without the person's consent and usually in a public place.

He has repeatedly claimed that he needs help for his hyperactive sexual urges.

McKinney had ordered that he see a psychiatrist while in prison.

Munroe said since he was committed to the Bahamas Department of Correctional Services, Cooper groped and indecently assaulted female correctional officers, and a reporter who was visiting to do a story.

It is unclear why he was not charged with those crimes.

Munroe said last week that he believes Cooper will reoffend. He described him as a man who is "unable or unwilling to control his urges to commit sexual offenses".

When asked by The Nassau Guardian about his brazen crimes this week, Cooper sought to paint himself as the victim.

He also blamed others for his problems, such as his father for not getting him a job.

Cooper said he has been confronted in the past by male family members of his victims.

And he said he fears for his safety.

As well he should.

His mother, who we also talked to and, quite understandably, is ashamed of him, thinks the notice about his release will put him in harm's way.

His brother, however, who also explained the shame his older brother has heaped on their family, said he fully supported the public being notified.

Sex offender registries are controversial everywhere they are employed.

Critics argue that they can discourage people from seeking treatment and rehabilitation, as the fear of being stigmatized or ostracized can discourage them from participating in programs that could reduce their risk of reoffending.

Now that members of the public is aware Cooper is back among them, there is little doubt he will be ostracized.

And it is not a stretch to imagine that someone might do him harm now that they can identify him.

There is no question Cooper is a repeat sex offender and there is little confidence in any right-thinking person's mind that he can be reformed, but he is still protected under our constitution.

On the other hand, informing the public can empower people to be more vigilant and take appropriate precautions, especially when it comes to children, who Cooper has demonstrated are not off limits.

Also, now that Cooper knows the public is aware of who he is, this in and of itself might act as a deterrent.

Doubtful, for a man who would grope a police officer, but still possible.

Cooper was the second sex offender whose release from prison was publicized in accordance with Section 26 of the Sexual Offences Amendment Act 2014 that provides for public notification of the release of sexual offenders on the register by the minister of national security.

These decisions by policymakers reflect a complex balance to strike between public safety concerns and the rights of those who have committed offenses. They expose potential unintended consequences of these registries.

Click here to read more at The Nassau Guardian

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