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The benefit of the doubt
“The fact that someone has repented and behaved well in prison doesn’t guarantee that he will behave in the same way when he is out of prison.” This statement by Indira Seebun, the minister for Women, Child development and Family welfare, could sound surprising as it seems to contradict her colleague’s decision to allow prisoners –including rapists – to benefit from remission. But, at the same time, it is quite comforting that issues of national interest take precedence over narrower political concerns. This proposal by the attorney general could be dangerous and all citizens have the right to express their fears.
After attorney general Rama Valayden declared in Parliament that any prisoner could benefit from a remission, reactions have been rife. The Ombudsperson for children, Shirin Aumeeruddy-Cziffra, the women of the opposition and now the minister for Women have all expressed reservations on the proposal.
I agree with the attorney general on one aspect: everyone should be granted a second chance. Prisons are overcrowded and remission for prisoners who have shown impeccable behaviour in jail should help their rehabilitation in society. This is true for almost all prisoners.
But rapists have a different profile which deserves different treatment. I would certainly not throw the stone at someone who has erred. This is, of course, human and each of us deserves the right to repent.
But rapists are not only people who have made a mistake; they are also people who are mentally ill and have to be treated. They may realize that what they did was wrong but there is always a risk that they might commit the same crime again. It is true that this risk is even higher if the rapist is not caught. As Dr Charles Yip Tong explains, “If someone manages to commit rape without being caught, this means that he managed to achieve orgasm while keeping his victim silent. Then, he could well commit the same crime again.” But this in no way means that a rapist who has been caught will not try to rape again.
For psychologist Mélanie Vigier de Latour, rapists have a mental problem. As long as it is not dealt with by professionals, there will always be a risk that they may commit a rape again. In France, for instance, how many people have been freed after some years in prison on a charge of rape and done it again as soon as they were outside?
The problem is even more serious in Mauritius as there is no psychological follow-up in prisons. How could the authorities decide to free a rapist on the mere grounds of good behaviour in prison? What can make them believe he is capable of behaving properly in society ? Temptations are not the same in prison as outside. Reactions may be very different in a different environment.
The question of psychological follow-up must absolutely be part of the process. Before even thinking of the possibility of implementing such a measure, the authorities should make sure they have the means to check if the rapist’s behaviour has really changed… But, even then, I am not sure whether this is enough to be adamant that he will never do it again… And the crime is far too serious to grant him the benefit of the doubt…
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