Recent sexual assault allegations bring laws sharply into focus

Jun 25, 2019 News

The recent sexual assault allegations have brought the laws related to sexual offences sharply back into focus.

Justice JoAnn Barlow??????????

According to the provisions under the Sexual Offences Act 2010, sexual assault is ranked as a severe offence which carries a penalty of imprisonment.
Chapter 8:03, of Sexual Offences Act specifically states that a person commits the offence of sexual assault if he/she touches another person (the complainant) in a sexual way; causes the complainant to touch them in a sexual way; causes the complainant to touch a third party in a sexual way; or otherwise indecently assaults the complainant within the meaning of any other law.
The law specifies that in the instance of sexual assault, the complainant cannot consent in any way to touching or act which constitutes the crime and the accused does not reasonably believe that the complainant consents.
Further the section reads that once a person is convicted of the sexual assault, he/she is liable on imprisonment of five years in the Magistrate’s Court and ten years in the High Court.
Although the law is clear of the offence of sexual assault and penalties attached, society is still generally ignorant as regards matters of sexual crimes.

A high incidence of rape and sexual assault committed in Guyana remains unreported. The US State Department in its 2015 report had emphasised that a large number of cases of rape and other forms of sexual assaults are unreported to authorities, most likely due to fear of stigma, a lack of confidence in authorities, retribution, or further violence.
The US State Department sought to highlight the need for more public education and awareness with regard to sexual crimes.
At a recent forum organised by The United Nations Children’s Fund (UNICEF), members of the Judiciary sought to remind media operatives of their role as the nation’s informants.
Given her role in Criminal Courts, Justice Jo Ann Barlow, who addressed the gathering extensively on the issues and consequences of sexual offences, pointed to the lack of awareness, misinformation and misconceptions in the public domain as it relates to the laws of sexual offences.
The Judge noted there are a number of “sweeping changes” made to the Sexual Offences Act which was amended in 2010. She dictated that the Act was revised to include a number of other sexual crimes.
According to the Judge, among them, persons who abuse their position of trust were included as violators of the law.

“Persons who stand in a position of trust include teachers church leaders/other religious leaders, caregivers, guardians, social workers, coaches; any person who has some instruction or supervisory role to play in the lives of others…”
Justice Barlow said that the Act was amended to include family members, who can be liable of sexual offences.

She noted that the old law prohibits incest, but was primarily focused on sexual contact between parents and their child/children. But now the legislation has been expanded to include stepparents, grandparents, and other blood relatives as well, as those close family ties.
Additionally the Judge noted that the act of voyeurism, (peeping) which is not a well known offence, is also added to list of sexual offences.
“Vouyerism occurs if a person peeps at another person for sexual gratification; so if a person peeps for sexual gratification at another person who is naked or is engaged in sexual intercourse, he/she is liable of an offence.”
She noted too that Rape, which is the most popular offence, has seen drastic changes.
According to Justice Barlow, under the old law, rape only relates to unlawful placement of a penis into a vagina.
However under the present legislation, it is if there is sexual penetration of the vagina or anus of a person or any part of that person’s body by another person.
She stressed too that penetration through the use of foreign objects— a pen, a stick, or any other item is also prohibited.
The Judge said that the law was amended to include unwanted sexual acts committed orally— for instance, a man forcing women to perform oral sex on him is deemed unlawful.
During the forum, it was noted too that the judiciary has been working assiduously to ensure the public confidence in the court system.
The Sexual Offences Court has been installed for this reason.
The Sexual Offences Court, a specialised feature, is equipped with audio-visual devices to aid the testimony of witnesses.
Prior to the establishment of the court, a notable number of sexual offences matters were nolle prosequi, often because of complainants’ unwillingness to testify before the High Court.
Due to the sensitive nature of such cases, sexual assault victims are often terrified of reporting their experiences to the police and facing their perpetrators.
The Sexual Offences Court was specifically designed to help victims, who may decline to continue with the matter due to how traumatising the experience can be.
The Court has been equipped with screens and monitors, which help to separate the victims from the accused persons as they testify.
At the opening of the Court, Chancellor of the Judiciary Justice Yonnette Cummings-Edwards had noted that victims and witnesses of sexual offences may require counseling. The Chancellor noted that NGOs like Help and Shelter can help by providing psychosocial services to the victims and witnesses.