Latest update November 25th, 2024 1:00 AM
Dec 11, 2022 News
By Renay Sambach
Mario Haywood, Mark Fontanelle, Ray Williams, Andrew Blackman and Gavin Assanah are the five men who were convicted this year for raping a child under the age of 16.
The law criminalises any sexual act with a child who is under the age of 16. The act of any person engaging in any sort of sexual penetration with a child under the age of 16 is called rape. Further, if a person causes a child to engage in sexual penetration with another person, it is also considered rape. For this offence, it is irrelevant whether or not the person who raped the child believed that the child was 16 years or older. The penalty for raping a child in Guyana is imprisonment for life.
Moreover, the law criminalises any form of sexual activity with a child under the age of 16 – sexual activity with a minor excludes penetration. It is also a criminal act if a person causes or incites a child to engage in sexual activity with a child and if the person causes the child to perform a sexual act, for example, masturbation.
Again, it is irrelevant whether at the time of the activity, the accused believed the child was 16 years or over. If convicted on indictment, the penalty is imprisonment for ten years.
On November 23, 39-year-old Mario Heywood called “Ratty” was sentenced to 17 years behind bars for three counts of rape committed on a 9-year-old girl.
It was reported that Heywood, of East Ruimveldt, Georgetown had committed the crime back in 2018.
In October, a 12-member jury found Heywood guilty of the three counts of rape committed between October 1, 2018, and November 20, 2018.
As such, Justice Sandil Kissoon at the Demerara High Court sentenced Haywood to 17 years imprisonment.
The court heard that the child was left in Heywood’s care when he took advantage of her and committed the rapes. It was also reported that Heywood had threatened the child that he would kill her mother if she told anyone what he did to her.
On November 16, twenty-one-year-old Mark Fontanelle of First Phase, Kwakwani, Upper Berbice River, who admitted that he raped a 12-year-old girl was sentenced to 11 years imprisonment.
Fontanelle was sentenced by Justice Sandil Kissoon at the Demerara Sexual Offences Court at the High Court. He was charged with Rape of a Child under 16 Years Contrary to Section 10(3) of the Sexual Offences Act Chapter 8:03.
Meanwhile, 33-year-old Ray Williams was sentenced to 15 years and three months for repeatedly raping a 12-year-old girl. Williams was also sentenced by Justice Sandil Kissoon at the Sexual Offences Court.
Williams had pleaded guilty to three counts of rape of a child under 16 years, which occurred between February and October 2021.
The judge, during his sentencing remarks, highlighted the physical and psychological trauma Williams’s action caused the victim.
The judge also considered the prevalence of such offences and the fact that Williams took advantage of the closeness he shared with the victim and her family.
Justice Kissoon sentenced Williams to 12 years on the first count of rape of a minor, 13 years on the second count, and 15 years, three months on the third count. However, his sentences will run concurrently and this means he will only serve 15 years and three months for repeatedly raping a minor.
Thirty-two-year-old Andrew Blackman was sentenced to nine years in prison for raping a 14-year-old girl.
Blackman, a Mackenzie, Linden, Region 10 (Upper Demerara-Berbice) resident had pleaded guilty to the charge of rape of a child under 16 years.
The man had expressed remorse for his actions of raping the teen between September 10, and 11, 2021.
During the sentencing hearing, the judge highlighted that Blackman breached the trust by preying on the child during a vulnerable moment.
The final matter I will highlight is that of Gavin Assanah who was sentenced to 17 years imprisonment for raping a 12-year-old girl twice.
Assanah was sentenced by Justice Simone Morris-Ramlall at the Sexual Offenders Court.
In October a 12-member jury found Assanah guilty of raping the victim during the month August 2014, and on January 26, 2015.
Justice Morris-Ramlall considered the psychological trauma the incident has caused the victim before handing down a sentence. The Judge had also considered that Assanah breached the victim’s trust.
Justice Barlow sentenced Assanah to serve 16 years on the first count and 17 years on the second count. However, the sentences will run concurrently and he will only serve 17 years in prison.
Moreover, the rape survivor in her impact statement disclosed that she suffered from nightmares due to Assanah’s assaults which led her to attempting suicide at age 14.
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