Latest update January 8th, 2025 4:30 AM
Sep 28, 2014 News
Sexual assault is an appalling ordeal, yet occurrences of this form of human rights violation remain rife in society. In fact, the Guyana Human Rights Association (GHRA), having examined the information emerging about the brutal gang rape of a young Amerindian hotel worker in Mahdia, Region Eight, two weekends ago, stated that the situation underlines how unresponsive the medical and legal systems remain to survivors of sexual assault.
The human rights body has noted that the Sexual Offences Act (2010) has the potential for real progress to secure justice for survivors of sexual violence, but it claims that mobilizing sufficient political commitment to carry through with reforms has consistently failed.
This remains true at all stages of the justice process.
“In too many cases from their first contact with the system to the end, survivors of sexual offences continue to experience callous indifference whether from the police, the prosecution services or the Judiciary.”
“Too many cases are lost in the High Court because juries refuse to convict due to confusion over the issue of ‘consent’. This suggests that judges need to exercise greater care to ensure juries understand this concept.”
The GHRA said that although the hotel worker was carried unconscious into the hospital by a coworker, with extensive bites and bruising about her body, she was examined only for physical assault because ‘no rape kit was available.’
The Association claims that no anti-HIV prophylactic was administered, neither was the victim provided with the STI-preventative medicine normally prescribed in cases of sexual assault.
The victim was only given painkillers and discharged the following morning. It was revealed that had it not been for the courageous initiative of a friend who took photos with a cellular phone of her battered colleague, despite police warnings to desist, no evidence of what she underwent would be available.
The human rights body explained that as part of the reform ushered in by the Sexual Offences Act (2010), rape kits were introduced into medical examinations of persons alleging sexual violence.
According to the body, the sealed kit is supposed to be made available by the hospital when the police bring the victim, and opened in the presence of a police officer. Each kit, the GHRA added, contains step-by-step guidelines for procedures the examining medical officer should take.
“Separate bags are provided for the victim’s underwear, and other clothing, and a series of other packets for smears, samples and other forensic evidence. All are sealed, placed back in the kit and a document signed by the police officer and the attending physician. The kit is then sent for forensic examination as part of building a charge against suspects.
“While the absence of a rape kit should not preclude medical personnel performing a thorough examination of the victim, the GHRA understands that its absence was used as the reason for not examining the victim for sexual assault in Mahdia, which is astonishing.”
Further investigation by the body has revealed that most interior hospitals do not have rape kits. According to GHRA, the Georgetown Public Hospital Corporation (GPHC) appears to be the only location where the use of rape kits is integrated into the response to complaints of sexual violence.
The GHRA called on public health authorities to take responsibility for the role they are mandated to play in recognizing serious health consequences that sexual violence generates for survivors.
It was explained that the efficient provision of rape kits is a step in ensuring medical evidence is secured.
“The health of the survivor goes well beyond the need for evidence. The Ministry of Health needs to embrace its responsibilities in responding to those needs, because many survivors never fully recover from sexual violence.”
The GHRA said that the Police ‘A’ Division, Georgetown appears to have the only effective Sexual Offences Unit which is housed in the Brickdam Police Station. This Unit works principally with child protection agencies, and rape kits are used in medical examinations.
“Rape complaints lodged at other city stations are channeled to Brickdam for medical examinations. What use is made of rape kit evidence is unclear since they have not yet been employed as evidence in any High Court trials.
“Best forensic practice based on the use of rape kits requires they be available in all hospitals and used routinely by medical practitioners. In addition to poor medical care in Mahdia towards the victim, the behaviour of police ranks was callous and unprofessional,” GHRA contended.
The body said that the rank’s refusal to include the allegations of sodomy in the statement flatly violates the rule for taking statements. “Despite her insistence, this part of her statement remained excluded and the victim signed the statement because, “in my own mind I had decided to go to Georgetown to take up the matter there.”
“Such lack of confidence in the Guyana Police Force (GPF) was aggravated in this case by the obvious familiarity between the hotel personnel who were seen in the station precincts and the police ranks responsible for the case.”
It is the view of GHRA that Mahdia is a mining hub with many bars, encouraging high levels of alcohol consumption which sees it potentially having higher than normal levels of sexual violence, including underage sex.
“In light of these conditions, the state of unpreparedness by both the health and police authorities raises serious questions. Furthermore, the GHRA is calling on the Criminal Investigation Department (CID), which has taken control of this case, to vigorously pursue the perpetrators of this crime.”
Police action on this case must also extend to an investigation by the Office of Professional Responsibility (OPR) of the GPF into the unprofessional behaviour of the ranks in Mahdia.
The GHRA said that it will be providing the Director of Public Prosecutions (DPP) and the OPR with statements supporting the allegations made in respect of this case and will continue to monitor developments.
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