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Written by: Huang Weilun
2020-11-12 20:25
Last update date: 2020-11-12 20:26
The government established a sex crime conviction record verification mechanism in 2011.
The Subcommittee on the Review of Sexual Offences under the Law Reform Commission today (12th) published a consultation document on "Sentences and Related Matters in the Review of Sexual Offences", suggesting that the scope of the mechanism should be extended to the largest extent to cover all existing employees, self-employed persons and volunteers Workers, and when appropriate, evaluate whether the mechanism needs to be changed to mandatory.
In addition, the committee recommends that the Correctional Services Department can provide a voluntary form for sex offenders to participate in special treatment and rehabilitation programs; the committee also recommends that the government consider whether it is necessary to introduce a "reward scheme" for sex offenders in order to increase motivation to receive treatment and change behavior .
The Sexual Offences Review Subcommittee under the Law Reform Commission today (12th) released a consultation document on "Sentences and Related Matters in the Review of Sexual Offences".
(Photo by Huang Weilun)
The consultation document mentioned that the Law Reform Commission proposed that the establishment of a sexual offence conviction record checking mechanism was intended as a temporary administrative mechanism to wait for the development of a comprehensive legal mechanism in the future. Therefore, it is believed that it is appropriate to review it now.
The Law Reform Commission also pointed out that a document 10 years ago mentioned that non-mandatory voluntary mechanisms may be too weak and easy to be abandoned and abused.
Law Reform Commission: The majority of people's reply mechanism should apply to existing employees
The Law Reform Commission recommends that the review mechanism for conviction records of sexual offences should cover all existing employees, self-employed persons, and volunteer workers. If it is only applicable to prospective employees, sex offenders who have been employed can avoid the review, and most of them are legalized. Those who consulted on the reform agreed that it should be applied to existing and prospective employees.
In addition, private tutors or coaches often teach in one-on-one, or in groups, and students are at higher risk of sexual assault than in classes in educational institutions. Volunteers also have the opportunity to contact children and people with mental impairment, and should be treated the same as employees.
The document mentions that the current mechanism is widely used and very effective. Although there is no immediate need to transform the existing mechanism into a comprehensive legal mechanism, it is recommended that the scope of application of the verification mechanism be extended to the maximum, and when appropriate, the need to evaluate whether it is necessary Change to a mandatory mechanism.
Committee member Zhang Daming pointed out that some of the original recommendations were put forward about 10 years ago, hoping to include the types of jobs that frequently come into contact with children into the mechanism to protect children. However, the government has not implemented it yet, so it is not the time to change the mechanism to compulsory. Expand the scope and study again.
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The Law Reform Commission also suggested that the Correctional Services Department may consider providing sex offenders to participate in specialized treatment and rehabilitation programs on a voluntary basis.
Regarding why the plan is not compulsory, Zhang Daming pointed out that considering the limited resources and the psychological factors involved in changing the relevant criminal behavior, it is not easy; and there is no information showing that after participating in the plan, it must be changed. Therefore, it is not recommended to refresh the treatment at this time. The plan was changed to mandatory.
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