THE State has been given 180-day deadline to provide law enforcement with the essential technology, equipment and expert assistance crucial for the investigation of cyber-sex and child pornography crimes.
This according to a ruling by Justice Frank Seepersad on Monday.
He ruled that the State must implement urgent measures to swiftly investigate crimes against children, particularly sex crimes. Justice Seepersad’s ruling came in response to a constitutional motion seeking to compel the State to enact mechanisms and allocate resources for the expeditious investigation of such offenses.
Moreover, the High Court ordered the State to pay vindicatory damages amounting to $20,000 to a 25-year-old victim of online child pornography. The victim, who endured exploitation from the age of 15, had filed a lawsuit citing the failure of law enforcement to investigate reports of criminal offenses against victims of online predators.
The lawsuit, supported by the Humanitarian Foundation for Positive Social Change, sought various declarations and an order directing the State to prioritize resources for swift investigations into these heinous crimes.
While the judge didn’t grant all declarations sought or monetary compensation, he said there was a duty of the police to ensure expeditious investigation of criminal offenses under the Children Act.
Justice Seepersad noted deficiencies in law enforcement’s technological capabilities including the absence of essential tools such as the ability to identify covert telephone numbers and virtual private networks (VPNs). These shortcomings severely hampered investigative efforts, particularly in cases involving the online distribution of illicit images, he said.
“In the age of the internet,” Justice Seepersad said, “a photograph can now travel instantaneously throughout the world by the click of a mouse or the tap of a phone.” Therefore, he said police should be properly equipped with adequate resources to combat cyber-sex crimes effectively.
The judge criticised the apparent apathy of law enforcement, noting an alarming “about-turn” in response to the victim’s concerns, which were initially disregarded until brought to public attention through media reports. He stressed the vital role of a free press in holding institutions accountable and advocating for societal change.
Justice said, “There, therefore, exists in this republic an undeniable need to afford special protection to vulnerable groups who are targeted for exploitation, such as minors, women and members of the LBGTQ community.
“The police must treat reports from these vulnerable groups with urgency but the obligation to do so is heightened when the report involves minors as they are defenceless.”
Attorney Lee Merry represented the victim while Michael Quamina, SC, appeared for the State.
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