Latest update December 25th, 2024 1:10 AM
Apr 22, 2010 News
Minister of Human Services and Social Security, Priya Manickchand will today present to the House the Report of the Special Select Committee on the Sexual Offences Bill and thereafter move that the bill be debated.
From all indications the Bill will be successfully passed in the National Assembly after which it will await Presidential assent into law. It had spent some nine months at the committee stage.
There have been no substantive changes to the legislation.
The legislation which included recommendations for the Stamp it Out Campaign aims to stiffen the penalties levied against those convicted of any of the provisions of the proposed law.
The proposed legislation seeks to broaden the definition of rape as well as increase significantly its penalties. The Bill also seeks to remove restitution of conjugal rights thus making it possible for charges to be laid against a husband for raping his wife.
Exposing children to pornography will also attract stiff penalties to perpetrators under the proposed legislation.
As has been observed over the years where persons have been abusing a position of trust to violate children, the proposed laws take cognizance of this and provide for penalties.
Historically also the Bill provides for Paper Committals wherein where a person is charged with an offence under this Act, there shall be no oral preliminary inquiry. Instead, a paper committal shall be held in accordance with the procedure set out.
Also under the proposed legislation all reports will have to be mandatorily investigated.
The Sexual Offences Bill states that where an offence under the Act is reported to the police, the police shall, in every case, record the report and conduct an investigation.
It also stipulates that within three months of a complaint being made under subsection a charge shall be laid in respect of the report or the file relating to the report and investigation shall be sent to the Director of Public Prosecutions for advice.
The Bill states that failure to comply with subsection will constitute neglect of duty by the Investigating Rank and the Investigating Rank shall be liable to answer disciplinary charges in accordance with the Police (Discipline) Act.
All reforms in this Bill will benefit child victims as well as adults, but some tackle the particular problems of child victims and child witnesses among others.
Manickchand recently told this newspaper that she is happy that the Bill is now closer to being implemented.
The Minister also conveyed her appreciation to all who have contributed to the birth of and gestation of the legislation both at the committee level as well as during the Stamp it out campaign.
Speaking with members of the media after the conclusion of the launching of the Courts Community Care Programme at Courts Main Street Branch, yesterday she lamented the length of time it took the Bill to be put into hearing at the National Assembly.
Manickchand stated that there was no sitting of Parliament in January and February dealt with the Budget. According to Manickchand, the “Bill was languishing.” It had to be set first with the Attorney General (AG).
The Minister also pointed out that it is purely coincidental that the Bill is being passed during the C N Sharma alleged sexual abuse case.
The perceived slothfulness of the work of the committee had attracted regular picketing exercises by several concerned entities including members of the Rights of the Child commission and Red Thread among others.
The proposed legislation has also been recognized as the most advanced in the region by the Guyana Human Rights Association.
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