A look at rape, sexual offences and their penalties

Nov 14, 2021 Court Stories, News

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By Renay Sambach

Kaieteur News – In this edition of ‘The Court Journal’ I will highlight the penalties for rape and sexual offences and those charged. Rape and sexual offences are serious matters and someone found guilty on indictment for rape could face life imprisonment.

RAPE
Rape is when a person penetrates someone’s vagina, anus or mouth with a penis, without their consent.
PENALTY
Rape is an indictable matter and when the matter is brought before the court, the alleged perpetrator is not required to plead (guilty or not guilty) to the crime.
The matter would first go to the Magistrate’s Court for a preliminary inquiry (PI) – a PI is done by the Magistrate. The prosecution would produce the evidence to the court and at the end, the Magistrate can either commit the alleged perpetrator to stand trial for rape in the High Court or dismiss the case because of insufficient evidence or other reasons.
Someone who is found guilty of rape is liable on conviction to serve life imprisonment. Likewise, someone who is charged with rape of a minor is liable on conviction or indictment to life imprisonment.
CASES
On Thursday last, 20-year-old Mark Fontanelle of Lot 67 First Phase, Kwakwani, Upper Berbice River, was charged with the rape of a child under the age of 16.
The defendant appeared via zoom before Magistrate Wanda Fortune in the Linden Magistrate’s Court.

He was not required to plead to the indictable charge after it was read to him. Magistrate Fortune remanded him to prison and the matter was adjourned to November 19, 2021, for report.
Recently, a 30-year-old man of Paradise Housing Scheme, East Coast Demerara, was arraigned before Magistrate, Fabio Azore and was charged with the rape of a child below the age of 16.
The defendant, Randell Williams, a former member of the Guyana Defence Force (GDF), appeared in the Vigilance Magistrate’s Court where he was not allowed to plea to the indictable charge when it was read to him.
The charge alleged that on Saturday, October 2, 2021, he engaged in sexual penetration with a child below the age of 16. However, he was charged for rape of a child under 16 years contrary to Section 10(3) of the Sexual Offences Act Chapter 8:03.
The accused was placed on $150,000 bail, his passport was lodged and he is required to report to the Cove and John Police Station every Wednesday. The matter was adjourned until December 2, 2021.
Two serving members of the Guyana Police Force (GPF) were on October 21, 2021, placed on $75,000 bail each after they were charged with rape.
The officers, Rellon D’Andrade, 30, of Lot 62 Phoenix Park, West Bank Demerara, and Terrence Hamilton, 22, of ‘E’ Field Sophia, were arraigned in the Lethem Magistrate’s Court before Magistrate Allan Wilson where the charges were read to them.
The duo pleaded not guilty to the charge, which states that between August 5 and August 6, last year, they raped a 21-year-old woman at the Industrial Site located at Tabatinga, Central Lethem.
Magistrate Wilson then placed the men on bail and adjourned the matter to December 6, 2021.
In another matter, 19-year-old Gabrielle Allen called “Gabby,” of Lot 26 Buck Hill, Wismar, Linden, was remanded for allegedly raping a minor.

Allen had made her first court appearance before Chief Magistrate, Ann McLennan, in the Georgetown Magistrates’ Courts.
She was not required to plea to the indictable charge, which alleges that she raped a child under the age of 16. Allen was charged contrary to Section 10(3) of the Sexual Offences Act Chapter 8:03.
Making headlines earlier this year was 37-year-old Thurston Semple, a taxi-driver who was accused of raping and battering a Venezuelan woman. Semple of Lot 5A Tucville Terrace, Georgetown, is not a first-time offender. According to reports, when he appeared in court for raping the Venezuelan woman it was his fourth rape charge.
The alleged serial rapist is accused of raping four sex workers during the period 2017 to 2021.
In his most recent case, Semple picked up the woman and agreed to pay her to have sex with him. However, while at Semple’s home, the woman reportedly told Semple she only had one more condom and if he did not ejaculate, she would leave. The woman’s caution reportedly caused Semple to become annoyed. He then reportedly armed himself with a knife, proceeded to orally and vaginally rape the woman. He also sodomised her.
In April 2021, Semple was committed to stand trial in the High Court for allegedly raping a sex worker. In that matter he was granted $250,000 High Court bail.
However, due to him being on remand for other rape matters he remains in the custody of the Guyana Prison Service (GPS). Thurston was committed to stand trial in the High Court at the next practicable sitting of the Demerara Assizes.

SEXUAL ASSAULT
Sexual assault is when someone penetrates the vagina, anus or mouth, with any part of the body other than the penis, without the person’s consent.
Other forms of sexual assault are, someone touching another person in a sexual way without their consent; causing someone to touch the perpetrator in a sexual way; causing someone to touch someone else in a sexual way, all without the person’s consent.
PENALTY
Sexual assault matters are done summarily. This simply means that when the matter is brought before the Magistrate’s court, the alleged perpetrator can plead either guilty or not guilty to the charge after it is read to them and the Magistrate will conduct a trial.
A person is liable, upon summary conviction, to five years imprisonment. However, sexual assault can also be laid indictably. This means that the perpetrator is tried in the High Court by a Jury and upon conviction, a person is liable to 10 years imprisonment.
CASES
The trial into the alleged sexual assault of a former Accountant of The Business School (TBS) by the entity’s Director commenced in March 2021 in the Georgetown Magistrates’ Courts.
During 2020, James Bovell, the Director, was charged for allegedly sexually assaulting the employee who has since parted ways with the company.
The woman was reportedly sexually assaulted sometime after she had asked Bovell to borrow money to pay her rent. However, the matter had not made its way into the media until March this year.
Bovell had denied the charge, which alleged that during February 2020, at TBS, located at Lot 43 Brickdam, Georgetown, he sexually assaulted one of his employees.
According to the facts of the charge, on the first occasion, Bovell reportedly grabbed and kissed the woman on her cheeks and on the second and last occasion, he grabbed her buttocks. After that incident, the woman cleared out her desk and reported the matter to the police.
Bovell was later arrested, subsequently charged and placed before the court.
In another matter of sexual assault, former People’s Progressive Party/Civic (PPP/C), Member of Parliament (MP), Alister Charlie, was hauled before a City Magistrate in January 2020, after he was charged for allegedly being involved in sexual misconduct with an underage child.
Charlie had denied the charges which stated that between August 1, 2019 and August 31, 2019, he sexually assaulted a 16-year-old boy.
According to reports, he was also charged for allegedly trying to bribe the teen’s grandmother with $500,000.
According to reports, Charlie met the teenager at a birthday party that was held for one of the MP’s young relatives. It was alleged that the MP first made advances towards the teen at the party and later accompanied the teen to a nearby bar where they were imbibing.
It was during this time that he allegedly made a second proposal to the teen. Charlie and the teen were reportedly videoed with their pants and underwear down, and Charlie allegedly touching the teen’s genitals.

 

 

 

 

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