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Rape and indecent assault should be distinct offences

Nov 17, 2008 Features / Columnists, Peeping Tom

Women have always had a fascination with the male reproductive organ. Not all of this fascination is sexual in origin. There is just something about the male phallus that ignites curiosity and wonder in the opposite sex.

I have seen women stare in amazement at the male organ of a young child. I have sometimes seen what this intense fascination has led to. I have seen women, including mothers, innocently tickle the male penis of child while making childish and other comments about the child’s “birdie”

Well, I shall have to warn these women and mothers to refrain from their childish and innocent touches and remarks about their child’s “birdie” because legislation is now being proposed which could very well lead to such actions being classified as rape.

The statutory definition of rape has in the case of Guyana always referred to penetration of the vagina by the penis. All other illicit forms of sexual contact are now prosecuted as indecent assault.

Given the high incidence of sexual crimes in Guyana and the serious physical and psychological scars these inflict, it is to the credit of the government of Guyana that it has seen it fit to propose that the penalty for statutory rape be increased to life imprisonment.

It is also commendable for the government to propose for the offence of rape against men to be created.
Presently only a woman can be statutorily raped in Guyana. The same offence against a man is not treated as rape. It is time it is.

The government is proposing life imprisonment for rape. I have a slight problem with life imprisonment for rape, but I support crimes against men where there is penetration of the vagina by the penis to also be classified as rape.

What I do not support are the present proposals which would classify offences presently classified as indecent assault to be reclassified as rape. I do not agree with this.

I have no objection for the penalties for certain acts of indecent assault such as buggery to carry the same penalties as rape. I also believe that offences by adults against minors should attract harsh penalties.

But I do not agree that non-penetrating forms of sexual contact such as fondling should carry the same harsh penalty as rape.

We have to be careful with how we proceed with legislation aimed at widening the definition of rape. What we could end up doing is criminalizing a great many persons in this society.

We need to take a serious stance against all forms of sexual abuse.
But I also believe that there needs to be a clear distinction in law between what constitutes rape and what constitutes indecent assault.  To blur this distinction is to blur the principle of fairness. We have to be careful because there have been known to be cases where accusations of sexual misconduct have been maliciously and falsely levied against many a male person.

If we simply erase the distinction between indecent assault and rape, we may end up in a situation where any person who has a grouse against another person could simply go to the police station and report that the person indecently touched her and the next thing you know the accused is facing life imprisonment.

I will therefore urge the Minister of Human Services to tread carefully. She has good intentions when she proposes increased penalties for rape.

She is on the right track when she is extending the legal protection against rape to men. But I do believe that she must be careful in redefining rape.

Rape should refer to penetration of the anus or the vagina, penis or any orifice of the body.  Not all forms of sexual contact should however be classified as rape.

This would lead to the collapsing of the distinction between rape and indecent assault and to make the two synonymous. I do not believe this is what the minister intends.

There is nothing wrong with increasing the penalties for indecent assault also.
But let us in the interest of fairness and justice keep the distinction, lest we create conditions for a tidal wave of false accusations against persons in society.

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