Regiment: “Deemed to be Sexual Assault”

February 11, 2011

bermuda regiment flag signBermuda Regiment Commanding Officer Lieutenant Colonel Brian Gonsalves has addressed the sexual assault that occurred in Grenada in 2005.

The case had recently come to light during the Supreme Court trial involving Bermudians Against the Draft [BAD]. BAD went to Supreme Court again this month, continuing their battle to get military conscription in Bermuda outlawed. BAD has fought for many years to abolish conscription, taking their case all the way to the Privy Council in London, Bermuda’s highest court of appeal. The Privy Council upheld conscription in their ruling last year, and BAD is now back in court fighting conscription under different grounds.

Lt Col Brian Gonsalves described the attack saying: “The assailant used a small knife during the assault but no injuries were incurred as the defendant broke free before any wounds could be inflicted. During the altercation there was some inappropriate and unsolicited physical contact, including the victim’s groin area being grabbed.”

He said then-Commanding Officer Lt Col Edward Lamb, who is presently the Prison Commissioner, conferred with the Grenadian Police liaison officer about the incident and they suggested that the Regiment deal with the matter internally.

The assailant was found guilty by the Regiment of two charges [one of lying about the incident and the second for assaulting the soldier] and the punishment awarded was 28 days camp detention on each conviction. His sentence was served in Grenada and Bermuda, and he was discharged from the Regiment when he returned home.

Lt Col Brian Gonsalves referenced the Defence Act 1965, saying the assailant was sentenced “in accordance with the limited powers and penalties” authorised by the Act, and also that the Act does not expressly identify and authorise charges for “sexual assault.”.

Lt Col Brian Gonsalves’s full statement is below:

With reference to the Incident occurring in Grenada 2005 whilst the Regiment were performing Hurricane Relief Operations, the incident has subsequently been deemed to be sexual assault as part of the Regiment’s commitment and focus on addressing and preventing future incidents.

The incident occurred between two Private soldiers. The assailant used a small knife during the assault but no injuries were incurred as the defendant broke free before any wounds could be inflicted. During the altercation there was some inappropriate and unsolicited physical contact, including the victim’s groin area being grabbed. However at that time it was not considered to be attempted rape.

The then Commanding Officer (Lt Col Edward Lamb) conferred with the Grenadian Police liaison officer about the incident and they suggested that the Regiment deal with the matter internally.

The assailant was seen by the then CO and was found guilty on 2 charges, one of lying about the incident and the second for assaulting the soldier. When originally drafted, the Defence Act 1965 did not contemplate, and therefore does not include, any other derivative other than “assault”. The punishment awarded was 28 days camp detention on each conviction, in accordance with the limited powers and penalties authorised by the Defence Act 1965.

Part of the sentence was served in Grenada then later completed in Bermuda

Upon returning to the island, the then-Commanding Officer exercised his legal authority under the Defence Act 1965 to discharge him from the Regiment in order to avoid the two soldiers having to cross paths while serving in the Regiment. The discharged soldier had a very short period of service remaining in any event.

While the Regiment upon its recent review may have reclassified the incident as sexual assault, it has no authority under law to retroactively charge a discharged soldier, nor has Government amended the Defence Act 1965 to expressly identify and authorise charges for “sexual assault”.

As previously stated on numerous occasions, individuals who believe they were victims of sexual assault still have the ability to seek the assistance of, and file charges against their alleged assailant(s) with the Bermuda Police Service, who do have the appropriate authority under law to investigate and where appropriate prosecute such matters.

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  1. Request For Royal Commission Into Regiment | Bernews.com | November 27, 2013
  1. Lissa says:

    Well there you go. If you want to get out of the regiment get a small pen knife and threaten to sexually assault someone, serve 28 days in a military shack and then be released from the regiment forever. No worries of a police record. done deal.

    • Winnie says:

      Lol,lol,lol if there ever was something to brighten this otherwise dull day this is it. With the BIU doing as it pleases and all the other negative stuff going on your comment is ray of sunshine humor.

      • Old Boy says:

        When I was in Junior Leaders back in 1981 I was allegedly tortured by an officer (I will not mention rank since I’m not reporting under my name) who has since been dishonorable discharged from the Regiment (not for physical abuse though). He took entertainment in pulling our arms behind our backs (while we were face-to-the-ground) and lifting up our arms till we begged him to stop. Later, I was too ashamed to say anything cause some other guys got the treatment too, no one wanted to look weak and complain (who wants to take the risk and step forward first?), especially when it boiled down to private vs. officer. It was a shame, the Junior Leaders was a great program (as the Regiment is), but all it takes is one bad egg to ruin it. We should not scrap the Regiment, or get rid of the draft (sorry BAD). We need to have the officer core and NCOs properly trained to ensure this does not happen. And the culture should be to step forward if you experience abuse. All of this would be easier to do if we said to Lt. Col. Gonsalves (and his officer corp) “its OK, you can admit to all the gory details you have heard about, we will not judge you, we understand you are as much a product of the environment as everyone else..” Yes…I’m suggesting a “truth commission” where no one is judged, where respect will flow from telling the truth about the past and offering ways to make the Regiment a better place. If Lt. Col. Gonsalves and his fellow officer corp did this, they would be viewed as pioneers, and the saviors of the Regiment. The way things are now (if I was in their boots), I would also be cagey like the Regiment leadership. I would also be defensive.

    • CONSEQUENCE says:

      @Lissa, get it right now. The victim was DISHONORABLY Discharged and the assailant was given 58 days in military prison. LOL. Stay tuned there is MORE to come.

  2. Brasco says:

    Somebody please help me understand how all these allegations relate to being conscripted?!?!?…..Seems like a waist of time and energy…

    Damn, Society forces us to go to college to get a better paying job when most people can be tought on the job!….

    You guys should be taking Uncle Sam Court for raping us with taxes and the high cost of living that is shoved down our throats everyday of our Bermudian lives.

  3. Yng Black Mind says:

    Brasco – - your point is well taken. The assaults or attempted assaults at the Regiment have NOTHING TO DO WITH CONSCRIPTION. The members of BAD are simply trying to attack the Regiment – tarnish its reputation and image to GAIN support in their efforts to end conscription. It is a weak @$$ attempt and any forward thinking Bermudian will see it for what it is.

    The Regiment followed procedures and policies laid out in the Defense Act under the powers they possess.

    I just want BAD to understand that they lost their battle – - – decide that they are going to serve or just simply do what Jamel Hartdman has done – leave the country to study and return when you are no longer viable to serve.

    • FOR REAL? says:

      WELL SAID!!! Why is everyone trying to blowing smoke up Bermudians a*@es from all angles? (no pun intended) Do they really think we are all dumb and stupid!?!

      ….it’s only a minority of ignorant fools!

  4. err says:

    So the fact that if this incident had happened outside of regiment it might have been dealt with in a way that’s fairer to the victim and gets the creep who did it a bigger charge / punishment doesn’t matter to you all?

  5. disgusted says:

    I wonder if Lt Col Brian Gonsalves would say that 28 days he a fair sentence if this sicko put a knife to his wife or daughter and grabbed at her crotch area. This sicko is walking free, a walking time, waiting to see who he can attack, Pathetic statement be the regiment

    • disgusted says:

      ” by the regiment”

      • reality says:

        @ Disgusted, Lamb could on lock someone up for 28 days to which the perp got 2 sentences of 28 days. That is the max allowed within the Regiment. Lamb fully followed the law but had this happened on Bermuda soil then it could have been dealt with buy Bermuda courts and the guy could have gotten more time. Understand the law and the facts first before you make a stupid comment assuming that Gonsalves doesn’t care.

  6. Rockfish#2 says:

    Clearly,Gonsalves statements are unfortunate. However, he was not the Commanding Officer who dealt with this matter. Lamb was.

  7. jah says:

    It has a lot to do with conscription dummies….who wants to be forced into an organization where things like this go on? Also, there were more assaults mentioned in the case that have not been reported in the media YET! BAD as far as I know have said they are reluctant to serve because abuses like this happen. If this kind of stuff were to go on in any other organization people have the right to leave and press charges the normal way but not conscripts because of standing order 82.

    • Truth says:

      Hey Jah

      1. The victim still has the right to press charges with the Police…. He hasn’t on his own volition.

      2. This angle of attack from BAD is WEAK and it has nothing to do with conscription. While you Mama’s boys are crying about serving in the Regiment WOMEN have VOLUNTEERED. If you had any semblance of manhood you all would be ashamed. But you won’t be because you don’t even recognize that your behaviour is shameful and pathetic. Man Up, your slip is showing.

      • Robert says:

        @truth. Obviously you may have never been a victim. Its easy to look at this and big up your chest and dismiss this as trivial. You say ‘Man-up’ as if you are a man enough to take an issue like this lightly. What would be your recourse if you were the victim. Let me guess.

        1. Take one for the team
        2. Seek revenge on the individual once you get out in the public…(if your man enough)
        3. or just forget about.

        Since you would have a chance on your ‘own’ volition to have corrected the wrongs that were done to you, would you have brought this to the Police?
        Its hard to ‘Man up’ if someone has your slip around your ankles and a knife to your throat.

      • Robert says:

        @truth. Obviously you may have never been a victim. Its easy to look at this and big up your chest and dismiss this as trivial. You say ‘Man-up’ as if you are a man enough to take an issue like this lightly. What would be your recourse if you were the victim. Let me guess.

        1. Take one for the team
        2. Seek revenge on the individual once you get out in the public…(if your man enough)
        3. or just forget about.

        Since you would have a chance on your ‘own’ volition to have corrected the wrongs that were done to you, would you have brought this to the Police?

      • CONSEQUENCE says:

        HEY TRUTH,if one of the women volunteers in the regiment should happen to get Raped should the same punishment apply? I take it that you have served in this so called regiment and if this is true what position did you hold. No right thinking individual would want to go to such an establishment where horrific incidents occure. Do your homework. Can you tell me why the regiment is needed other than to perform in Military Parades. You ask me I think we should also rid ourselves of the Governor who sits on the hill collecting a HUGH wage and draining this country also. He is only on RETIREMENT anyway. Also consider the fact that of All the countries controled by Britain Only Bermuda has conscription.

  8. Soldier says:

    This country is to immature not to have a conscript Army. The discipline instilled in hundreds of young men each year has kept this country together.

    • CONSEQUENCE says:

      Hey Soldier, do you think that we have a conscripted army for DISCIPLINE? Maybe you were not taught any diciple at home and that is why you are in the army but I am sure that it should have been taught at home. Answer another question do you think that shouting and barking commands at another HUMAN instills discipline. Once you get one of those soldiers out of uniform and off the premises do you for one moment think that they will forget you and all who have wronged them while in the regiment. Yes there are some who enjoy being there so why not find those persons who want to serve and you can form your regiment from them. Keep in mind that if the regiment takes soldiers who really are CONSCIENCIOUS OBJECTORS what production would you get from them. The only reason that the Regiment and Government is WASTING the tax payers money is because they want to USE the members of BAD as EXAMPLES.

  9. jah says:

    @ Truth I’ll take it you’re a comedian so let me laugh at everything you say…LOL…I can’t take illiterate words serious and you shouldn’t either…It has everything to do with conscription but maybe you’re to intelectually dishonest or plain old ignorant. Real men don’t conform to unjust and oppressive laws that is for the weak like you. Real men fight unjust laws and systems that’s why most blacks enjoy equal opportunities today.

    @ soldier The country is too immature to understand human rights violations. It’s not the governments job to discpline anyones child which is why we have parents. Also, it sure has kept a country together with a soaring murder rate among other things. Here’s a crazy idea for you all…how about we promote and encourage education they way people do conscription into the regiment.

    • soldier says:

      Thats all very well said jah but the reason the regiment has been kept on here is because there is a lack of discipline in the family structure. Bermudians have been partying for decades,the real world is only just becoming reality. people only voted in the current government to see that happy play party continue. one day when Bermuda becomes Independent self discipline will emerge or die!

      • hmm... says:

        the guys that should be called to the regiment dont get called. the community knows who the problem guys are. what if each year they put one group of gang members up there?
        i got called up when i was away in university trying to get an education.

  10. Cleancut says:

    Bernews, my last comment 20 mins ago did not appear, shall i re-submit or are you off air.