President Jagdeo signs Sexual Offences Bill into law

May 25, 2010 News

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President Bharrat Jagdeo yesterday assented to the Sexual Offences Bill 2010 at a special ceremony at the Police Officers’ Mess Annex.
The public assenting to the Bill was attended by several Cabinet members, representatives of the judiciary and members of the diplomatic corps. There were also school children and other concerned citizens.
The Bill which was tabled in the National Assembly last year, spent nine months with a select committee and featured inputs from civil society.
It comes at a time when the administration is determined to stamp out the growing incidence of sexual violence perpetrated primarily on children and females.
In a feature address before he assented to the Bill, the Head of State said that it will add to the arsenal available to the nation to fight sexual predators in the society.
“All through my life I’ve preached tolerance. I think that it is the only way forward for our country…in relations between people but I’m asking you today to be intolerant to the predators in our society,” the President said, commanding a round of applause from the audience.
He said that justice to the Bill can only be achieved if together everyone works to support those who have been over the years subjected to inhumane abuse, often without recourse to justice.
Many have expressed fears that the Bill is anti male but the Guyanese Head of State said that this is far from the truth.
He noted that the men in society have a greater obligation to ensure… that women and children are protected.
“I’m sure that when you go through the provisions of this Bill you will see that the target is the predators, not men who conduct themselves in the way that we should.”
He said that while amending the constitution, it was recognised that there are a number of vulnerable groups that need protection beyond the usual.
To this end, he noted that Guyana is one of the few countries in the world and the only country in the hemisphere that he knows which has within its constitution five rights commission.
Three of these commissions deal with children gender and indigenous people, the other two deal with human rights and ethnic relations.
“We recognised that these groups need special attention because they are vulnerable and because unless we get things right in these areas, we’re not going to create the humane, progressive society that we all aspire to,” the president said.
In the new law, sexual offences include rape, sexual assault, sexual activity with a child under the age of 16 years, meeting a child following sexual grooming, sexual activity with a child by abusing a position of trust, obstructing prosecution by preventing a child from testifying, and sexual activity with a person with mental disorder.
Other offences included in the new law are exposure of the genitals, voyeurism and intercourse with an animal.
Under the new law, anyone who commits rape, that is penetration of the vagina or anus by anybody part or object, or penetration of the mouth by the penis, in coercive circumstances could face life imprisonment.
Also carrying a life sentence is causing a person to perform sexual act in coercive circumstances as well as sexual activity with a child family member.
There is a 10-year penalty for attempted rape and attempted sexual activity with a child family member.
If a person is convicted on indictment of administering drugs or other substances with intent to stupefy a victim in order that they can be subjected to a sexual act without their consent, that person could face up to 10 years imprisonment.
There is also a 10-year penalty for causing a child to watch a sexual act.
President Jagdeo urged that the same energy displayed in advocating for the bill be displayed when going after sexual predators.
“…And that the Rights organisations will turn their eyes to the people who violate women and children and don’t allow positions of influence, power or money to allow them to evade justice in our country,” the President said to resounding applause.
He also expressed the hope that the victims of sexual assault will not be tried in the media even before they go to court.
“There are provisions in this Bill to deal with this. If the media is irresponsible and if they put these victims through a second set of trauma after they’ve suffered these serious abuses, then they will pay the penalty too. And we have to collectively too, don’t exempt anyone because they are seen as pro-government or anti- government media. All must face equal penalty,” the President stated.
He urged consistency in the sentencing pattern to deal with the issue of sexual offences and cautioned against making false reports, thereby abusing the provisions in the law.
“The police will have to do a better job. They will have to be equipped and trained to treat these offences seriously,” President Jagdeo said.
Human Services Minister Priya Manickchand, who piloted the Bill through the National Assembly, said that while there have been criticisms over the length of time the Bill took to become law, she is satisfied that all bases were covered during the nine months it engaged the Special Select Committee.
She noted that it is a good example of public private partnership.
UNICEF Country Representative Dr. Suleiman Braimoh, lauded the Guyana initiative and assured that his organisation is committed and mandated to advocate for the rights of women and children.
“No matter how well intentioned a bill is, the point remains that, unless there is a robust collaboration between government civil society and international development partners for that matter, working in a situation and context of highly nurtured leadership, we will not be where we are today.”
To facilitate the sensitisation of the public to all aspects of the Bill, a well organised campaign has been undertaken.

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