Lamin Fatty Raises Alarm Over Gaps in Rape Bail Laws

Former Child Protection Alliance boss, Lamin Faffy, has raised serious concerns over the implementation of the Sexual Offences Act 2013, warning that critical gaps in bail proceedings are undermining justice for survivors of rape.

In a detailed analysis, Fatty said key provisions of the law, particularly those governing bail in rape-related cases, are frequently ignored in practice, leaving complainants vulnerable and often excluded from the judicial process. He pointed to Sections 11 to 14 of the Act, which require consultation with victims, risk assessments by police, and the right of complainants to be informed and present during bail hearings.

However, he noted that due to limited resources and systemic weaknesses, prosecutors often fail to adequately consult victims, while police frequently neglect their duty to flag risks if suspects are released.

Fatty described Section 13 as one of the most violated provisions, stating that many complainants are not notified of bail hearings, despite legal requirements mandating their inclusion and the submission of affidavits confirming such notifications.

He further warned that even when bail conditions, such as no-contact orders, are imposed under Section 14, enforcement remains weak, exposing victims to potential harm.

Beyond procedural lapses, Fatty highlighted deeper structural issues, including delays in the justice system and loopholes that allow influential suspects to secure bail, while less privileged individuals remain in prolonged detention.

He also raised particular concern for child victims, noting that poor coordination between the Children’s Act 2005 and the Sexual Offences Act leaves minors especially vulnerable.

While acknowledging that the law provides a strong framework on paper, Fatty stressed that institutional failures across law enforcement and the judiciary continue to undermine its effectiveness.

He called for urgent reforms, including stricter judicial oversight, the introduction of independent victim advocates, stronger protections for children, and improved monitoring of bail conditions to ensure justice is both served and seen to be served.