Draft Sexual Offences (Amendment) Bill published

May 28, 2024 News

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…Govt. invites proposals, recommendations

Kaieteur News – The Government of Guyana (GoG) through the Ministry of Legal Affairs, on Monday published a draft of the Sexual Offences (Amendment) Bill 2024 seeking recommendations and proposals from civil society.

The draft bill contains three amendments, five new sections, an insertion of a new part as well as the insertion of a third, fourth, fifth and six schedules to the Sexual Offences Act 2010.

A consultant was retained to review and conduct a legal gap analysis of the sexual offences regime in Guyana, as part of the Inter-American Development Bank (IDB)-funded Support for the Criminal Justice System (SCJS) Project being executed by the Attorney General’s Chambers and Ministry of Legal Affairs.

In the execution of this task, the consultant was required to engage key stakeholders and individuals in consultations and interviews. These include: Judges of the Supreme Court, the Director of Public Prosecutions, Magistrates, members of the Guyana Police Force, the legal profession, child-care officers, individuals with pending court matters, both as victims and offenders.

The Consultant was also required to review similar legislation across the Caribbean and the Commonwealth and to borrow provisions which may either be absent or deficient in Guyana’s statutory framework.

Now that the consultant has completed the task and submitted the draft amendments to the 2010 legislation, the government is seeking recommendations/ proposals.

A copy of the Sexual Offences (Amendment) Bill 2024 can be accessed at the Ministry of Legal Affairs’ website at: https://mola.gov.gy//bills/THE%20SEXUAL%20OFFENCES%20(AMENDMENT)%20BILL%202024.1716843811.pdf

Persons with recommendations on the draft bill can make submissions via email to: [email protected] within 21 days.

The five insertions of new sections to the Principal Act

Insertion of Section 41A – Power of Director of Public Prosecutions to remit cause to be dealt with summarily:  If, after the receipt of any documents mentioned in this Part, the Director of Public Prosecutions is of the opinion that the accused person should not have been committed for trial but that the matter should have been dealt with summarily, the Director of Public Prosecutions may, if he thinks fit, at any time after that receipt, remit the cause to the magistrate with directions to deal with it accordingly, and with any other directions he thinks proper.

Insertion of Section 43A – Witness statements and trial of the accused: (1) At the trial of an accused person, subject to committal proceedings under this Act and the First Schedule, a written statement by any person is admissible as evidence to the same extent as oral evidence or a deposition made by the person for the purposes of a trial or otherwise.

(2) Subject to subsection (3), the written statement or deposition in subsection (1) signed, or purported to be signed, by the examining magistrate who presided over the committal proceedings, and any documentary exhibit relevant thereto, as the case may be, shall unless the court determines otherwise, be admissible at the trial as evidence of any fact without further proof that it was in fact signed by the examining magistrate purporting to have signed it.

(3) Subsection (2) applies where at the trial of the accused; the court is satisfied that any person whose written statement in subsection (1) has been admitted in evidence or whose deposition has been taken in committal proceedings –

(a) is dead;

(b) is unfit, by reason of his bodily or mental condition, to attend trial;

(c) is outside of Guyana and it is not reasonably practicable to secure his attendance;

(d) cannot be found after all reasonable steps have been taken to find him;

(e) is kept away from the trial by the threat of bodily harm or death.

Insertion of Section 62A – Anonymity of accused: (1) The publication in any document, or the broadcasting or transmission in any way of any information that could identify a person accused of committing an offence under this Act is prohibited. (2) Subsection (1) does not apply where the accused person is charged with the offence.

Insertion of Section 72A – Factors to consider for admissibility of recent complaints: In determining the admissibility under Section 72 of this Act, the Court shall consider the following factors – (a) the complaint must consist of a statement made by the complainant that, if believed, would tend to negate any adverse inference regarding the victim’s credibility; (b) the complaint must have been made spontaneously, without being prompted by leading or intimidating questions; and (c) the complaint must have been made within a reasonable time frame after the alleged incident.

Insertion of Section 86A – Duty to report offences against children and vulnerable adults: (1) Where a person who is an officer of a state or nonstate institution working with children has an apprehension of an offence under this Act being committed against a child, that officer shall report the offense to the police.

(2) Where a person who is an officer of a state or nonstate institution working with mentally or physically disabled persons has an apprehension of an offence under this Act being committed against a mentally or physically disabled person, that officer shall report the offense to the police.

(3) Every person who fails to comply with subsection (1) or (2) commits an offence and is liable on summary conviction to a fine of two hundred and fifty thousand dollars.

(4) The duty to report in subsections (1) may be waived, on a case by case basis, where – (a) the child concerned is in a sexual relationship with a person who is near in age to them; and (b) that relationship lacks features of exploitation or coercion.

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• Anil Nandlall, Inter-American Development Bank (IDB), Minister of Legal Affairs, proposals, recommendations, SC

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