Nat’l task force, higher convictions needed to prevent rapes

Aug 23, 2015 News

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By Desilon Daniels

“People feel raped again when they go before the justice system,” Raquel Thomas-Caesar of Citizens against Rape (CAR) said. “Who would want to go to court when there is a high chance that the person won’t be brought to justice?”

Thomas-Caesar’s question is an all too valid one.

A few years ago, the Guyana Human Rights Association (GHRA) released its study, “Without Conviction: Sexual Violence Cases in the Guyana Justice Process”. In the 60-page report, the GHRA showed that over the years 2000 to 2004, the average conviction rate was 1.4 percent. This figure represented nine convictions out of the 647 reports originally made to the police.

Furthermore, in the first year of the study the conviction rate had been 0.9 percent (1:117). For the last year, the report showed that the conviction rate had dropped to 0.6 percent (1:154). Additionally, only 3 percent of the original complaints made it to trial.

These figures have not changed much since the report was released and, in fact, reports of rapes in Guyana continue to rise.

According to the police, by the end of July 2015 there were 243 claims of rape, compared to 145 reports for the same period last year. This represented an increase of 68 percent in the number of rapes. Additionally, at the end of June there were 207 reports compared to 119 for the same period in 2014. This represented a 74 percent increase in the number of reported rapes.

“One of the first things I thought when I saw the report is that people are probably getting braver now to report,” Thomas-Caesar said. She continued, “There is more research that is needed; we can’t assume there are more rapes. Rapes have been happening all the time and I hope that these reports are not reflective of an increase in rapes. Research has to be done to reflect that. This needs to be investigated.”

She said that while it was “heartening” that more persons were coming forward, the current court system does not make women and men who are raped want to go and report.

Noting the GHRA report, Thomas-Caesar said, “I don’t think this figure changed significantly since then. So that is one thing that serves as a barrier to people going to court. It is heartening that more cases are being reported.”

Furthermore, she said, an active National Rape Task Force will lead to increased convictions.

“People that are raped would be more likely to come forward if they actually have a system which supports them. Right now, even though it’s heartening that more people are reporting rapes, there is still a lag with regards to the justice system. The way the system treats a rape victim is a problem and that is why we’re seeing so many problems,” she said.

Similarly, social activist Vidyaratha Kissoon emphasised the need for a stronger judicial system when it came to rape matters.

“Obviously the people who are raping are not afraid of penalties,” he said.

He said too that better protection needed to be afforded to rape victims who are sometimes intimidated, paid off or pressured by their families to not proceed with rape cases. He also noted that many rapists are known to the victims, making it even easier for the victims to be intimidated.

Furthermore, Kissoon, like Thomas-Caesar, believes that the National Rape Task Force must become fully functional to help curb the growing scourge of rape in Guyana.

Kissoon also opined that the upshot in the figures might be an indication that persons are become more aware and are finding it necessary to break the silence and make a report.

However, while he noted that awareness was a positive thing, he believed that it was not enough. Rather, he said, there ought to be a national response to rape as outlined in the Sexual Offences Act (SOA) of 2010.

“I know we get tired of task forces and all those things can be tedious and top heavy but we need to convene because there has to be accountability,” he stressed.

He further said that, within the SOA, the president must be the one to convene this task force. The task force will bring together all the agencies responsible in dealing with sexual offences to understand how the system works. Kissoon noted that, for example, the policies which work in Georgetown might not work in other areas.

“So, there is a need for that task force, a serious commitment for a task force that is resourced with a proper action plan,” Kissoon said. He continued, “The Sexual Offences Act say that the task force must have a plan and that plan must be done, implemented, include all the regions of Guyana, look at the local issues and different law enforcements in different regions and also cater for critical things such as care and counsel.”

Meanwhile, Kissoon also stressed that the police should produce extensive data each month on rape reports as a way to formulate policy. He opined that these reports will help policy makers understand where interventions are needed. “My concern is also what is happening to the persons who make reports and what comes out of these reports,” he added.

Additionally, he noted that the police indicated that many of the rape reports were regarding minors. He stressed that current awareness campaigns needed to continue to help to protect and encourage children to talk about sexual issues. He emphasised that awareness campaigns would also go a far way in changing Guyana’s rape culture.

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