Sex Offenders: Safeguarding public is paramount concern

By Joelle Ladislaus

The recent marked rise in the number of arrests and convictions relating to sexual offenders within our community is alarming and has, rightly, been the subject of heated public debate over the course of the last few months. The RGP’s most recent crime and enforcement data, as provided in the Annual Policing Report 2023/2024 reflects a steady annual increase in the 5-year crime trend relating to sexual offences, with 81 reports having been made relating to sexual offences in 2021/2022; 113 reports in 2022/2023 and the figure rising to 151 reports in 2023/2024. In 2 years, the number of reports of this nature has almost doubled, but the process for identifying sexual predators within our community and monitoring them post-conviction, has seen little change in response to the rising figures. This criticism is not levelled at the RGP; at the time of publishing the Annual Policing report 2022/2023, 3% of all sexual offences had been detected, whereas that number increased to 8% at the time of publishing the 2023/2024 Annual Policing Report, that is a clear increase in detection, for which the RGP must no doubt be commended. The GSD’s concerns lie in the fact that the Government has done little to put further safeguards in place for the protection of children and the most vulnerable within our society, once convicted offenders are released back into the community.

In the September 2024 session of Parliament, I filed questions enquiring as to the number of convicted sex offenders currently residing in Gibraltar. I also asked whether the Government has plans to introduce legislation or a scheme like the Child Sex Offender Disclosure Scheme in England and Wales, which is often known as Sarah’s law, and which allows the police to tell parents, carers and guardians if someone has a record for child sexual offences or poses a risk to a child or children for some other reason. Whereas that scheme doesn’t allow members of the public to apply for general information about child sex offenders, it does allow for applications as to a specific person and a specific child or children that they spend time with. It is a mid-point between a public sex offenders register, like the USA have, and no entitlement to access whatsoever to information which could play a crucial role in safeguarding children and the most vulnerable, which is the current position here in Gibraltar.

The reply from the Hon Minister for Justice was that there were, at the time, 28 registered sex offenders residing in Gibraltar: 24 out in the community and 4 remanded in His Majesty’s Prison. In respect of the potential introduction of legislation akin to Sarah’s law, the Hon Minister replied “that the position taken, based on advice by relevant professionals, was that no such legislation should be introduced, due to the small size of our community and the potential risk for the offenders’ information to be shared. It is a live issue that I understand is reviewed on an ongoing basis”. During that same exchange however, the Hon Minister also stated: “If a stakeholder has a legitimate concern, a request can be made to authorise a disclosure to the affected parties without the offender’s consent.” It is obvious to see the stark similarities between the suggested Child Sex Offender Disclosure Scheme and the current system, which does not appear clear to the public and under which apparent requests for the authorisation of a disclosure by the RGP can be made. What then is the issue with considering the introduction of legislation which provides the public with a clear framework as to the criteria for applying for information as to registered sex offenders, and gives the RGP the powers to disclose in specific circumstances? Clearly, the increase in the number of reports of sexual offences made in recent years demonstrates that there is a need to review numerous areas within our criminal justice system to provide more protection to our children and our vulnerable.

In the GSD’s 2023 manifesto we set out a number of commitments, including consultation on changing our laws relating to the sexual offenders list in a way that takes into account the circumstances of Gibraltar and the introduction of a system of electronic tags that could assist designated risk managers, who manage convicted offenders within the community, to ensure that conditions are not being breached and that the public are being kept safe. As it stands, individuals are often named in the press when charged with offences, including sexual offences, and if found guilty and convicted, the fact of their convictions is also reported, and most trials are held in open court to ensure transparency. The provision of limited information in a sensitive manner, where disclosure would serve to protect the public therefore has limited dangers. The time has come for the Government to address this serious area of concern; safeguarding the public should be the foremost consideration when weighed up against other considerations.

Joelle Ladislaus is a GSD MP and Shadow Minister for Health and Justice.