WHAT IS THE LEGAL STANDARD SET FOR STATE ACTORS AND LAWMAKERS IN GUYANA IN RELATION TO GENDER-BASED VIOLENCE?

• Duty to comply with ratified international human rights conventions
• Duty to comply with the Constitution as the supreme law

WHAT LAWS ADDRESS GENDER-BASED VIOLENCE?

• DOMESTIC VIOLENCE ACT 1996
• SEXUAL OFFENCES ACT 2010
• THE PREVENTION OF DISCRIMINATION ACT 1997

HELP FOR SURVIVORS

• GETTING HELP UNDER THE DOMESTIC VIOLENCE ACT 1996
• CRIMINAL TRIALS FOR SEXUAL OFFENCES

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A. WHAT IS THE LEGAL STANDARD SET FOR STATE ACTORS AND LAWMAKERS IN GUYANA IN RELATION TO GENDER-BASED VIOLENCE?

Duty to comply with ratified international human rights conventions

State actors and lawmakers in Guyana have a legal duty to comply with the terms of the international human rights conventions that Guyana has ratified or acceded to. Guyana is a State Party to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 1979 and the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women 1994.

Guyana has a legal obligation to protect women and girls from domestic violence and sexual violence including sexual harassment. The State is required to put the necessary legal and administrative mechanisms in place to adequately protect women and girls from these forms of violence and to provide them with access to just and effective remedies. There must be sustained efforts by the State (such as continuous training of law enforcement personnel and judicial officers, sensitizing the media, educating the public) to challenge the stereotypical attitudes dominant in Guyana which help to perpetuate violence against women and girls.

Duty to comply with the Constitution as the supreme law

The Constitution of Constitution of Guyana 1990 is the supreme law. It guards the human rights of all persons within the country and holds the State accountable for violation of human rights. Gender-based violence threatens women’s right to life and to security of the person. The obligation mandated by the Constitution to protect the human rights of persons within the country extends to a positive obligation on the State to protect women and girls from domestic violence and sexual violence.

B. WHAT LAWS ADDRESS GENDER-BASED VIOLENCE?

The laws which address gender-based violence in Guyana are:

• Domestic Violence Act 1996

• Sexual Offences Act 2010

• Prevention of Discrimination Act 1997

• Criminal Law (Offences) Act Cap 8.01

• Criminal Law (Procedure) Act Cap 10:01

• the common law.

The legal framework which protects women and girls from gender-based violence includes the Constitution, Acts of Parliament and rules from the common law. Some acts of violence which cause physical injury amount to a criminal offence (for example assault, wounding) and may be prosecuted under Criminal Law (Offences) Act and under the common law. The domestic violence legislation provides protection from physical and sexual violence, but it is not meant to exclude the criminal laws or replace criminal proceedings. Rather, it is to expand the range of options which are available to victims of domestic violence.

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I. DOMESTIC VIOLENCE ACT 1996

The law governing domestic violence in Guyana is the Domestic Violence Act 1996. This Act creates a wide range of speedy and effective remedies which are aimed at reducing the incidences of domestic violence. A magistrate can grant:

• a protection order that prohibits abuse and molestation, excludes the abusive person from the home or workplace etc.

• an occupation order which gives a right to remain in the household residence

• a tenancy order which vests the tenancy in the person who applied for the order

• Other orders relating to counselling, use of furniture and household effects, payment of rent, mortgage, utilities etc.,

II. SEXUAL OFFENCES ACT 2010

The law governing sexual offences has been reformed and it is the Sexual Offences Act of 2010 which now governs sexual offences. It is comprehensive in scope. It has sought to bring all the relevant provisions in relation to sexual violence together in one Act. The Act has provisions dealing with sexual offences, response and investigation of offences, procedure at court; evidence; bail; and sentencing. The Act further addresses the problem of poor data collection by providing guidelines in this regard.

The Act sets out the measures to be adopted to prevent and deal with sexual violence. It mandates the establishment of a National Task Force for the Prevention of Sexual Violence which will be primarily responsible for developing and implementing a national plan for the prevention of sexual violence. A Sexual Violence Unit in the Ministry of Human Services and Social Security is also to be established. The Act includes detailed provisions on public awareness initiatives and further provides that there must be training and education for relevant persons in the justice and health care system who deal with sexual violence such as police, prosecutors, health care workers, judges etc.

Of great significance is the introduction of a new term “sexual penetration” which has been given a

very broad definition. It is clear from the definition of penetration in the interpretation section of

the Act that the term “sexual penetration” includes not only vaginal sexual intercourse, anal sexual intercourse or oral sex but extends to a wide range of other activities. The key element is that there is an intrusion of any part of a person’s body. This include placing an object into someone’s vagina or anus; female to female genital contact; and contact between a person’s mouth and the genitals or anus of another person.

The Sexual Offences Act repeals specified sections of the:

• Criminal Law (Offences) Act Cap. 8:01

• Criminal Law (Procedure) Act Cap. 10:01

• Summary Jurisdiction (Offences) Cap. 8:02 and

• Evidence Act Cap. 5:03.

Offences recognized under the Sexual Offences Act 2010 include:

• Rape

• Sexual assault

• Sex trafficking/procuration

• Sexual offences in relation to children

• Sexual offences in relation to persons with mental impairment

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OFFENCES

Rape

A person commits the offence of rape if that person engages in sexual penetration with another person without that other person’s consent or without reasonably believing that the person consents. The definition of rape is gender-neutral so that both men and women are protected against this offence.

The new definition of rape extends to third parties. If a person causes another person to engage in

sexual penetration with a third party and the person does not consent to such acts with third party,

then this is recognized as rape. It is also rape where the person causes someone to engage in sexual

penetration with a third party where the third party does not reasonably believe the person consents

to the sexual intercourse.

Because of the broad definition of sexual penetration, rape can be found to have been committed

by: one woman against another woman; a person putting an object in someone’s vagina or anus; or

by there being contact between a person’s mouth and a person’s vagina or penis.

The penalty for rape is imprisonment for life.

Marital Rape

There is no immunity for husbands who force their wives to have sexual intercourse. Section 37 of the Sexual Offences Act makes it clear that being married is no immunity against the charge of rape or other sexual offences. Rape does not merely include forced sexual intercourse but would also include any forced sexual contact in which there is an intrusion of the wife’s body by the husband’s genitals or by the husband manipulating an object.

The penalty for rape committed by a husband or wife against the other is imprisonment for life.

Sexual assault

A person commits the offence of sexual assault if that person does any of the following:

• touches another person ("the complainant") in a sexual way

• causes the complainant to touch the accused 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.

Sexual assault is also where the complainant does not consent to the touching or the act which

would constitute indecent assault; and the accused does not reasonably believe that the complainant

consents.

The maximum penalty for sexual assault is imprisonment for ten years.

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Sexual offences in relation to children

Children under sixteen years of age cannot in law give consent to sexual intercourse and a wide range of other sexual activities. It is a criminal offence for anyone to have sexual intercourse with a child who is under sixteen years of age. This is commonly known as statutory rape.

If a parent or guardian of a child causes or encourages that child to be sexually abused, that parent or guardian may be divested of all authority over the child and the court may appoint a new guardian for the child. It is also a criminal offence for a person to prevent a child from participating in the legal proceedings, the penalty for which is imprisonment for five years and a fine of $1,000,000.00.

Facilitating commission of a sexual offence against a child

If a person arranges for a sexual offence to be committed against a child or facilitates a sexual offence against a child that person commits a criminal offence. He may be imprisoned for five years and fined $1,000,000.00 on summary conviction. If convicted on indictment, the penalty is imprisonment for ten years.

Rape of a child

If a person engages in any sort of sexual penetration with a child who is under sixteen years of age, it is called rape. If a person causes a child to engage in sexual penetration with another person, it is rape. For the offence of raping a child, it is irrelevant whether the person who raped the child believed that the child was sixteen years of age or older. The penalty for raping a child is imprisonment for life.

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Sexual activity with a child

The law criminalizes any form of sexual activity with a child who is under sixteen years of age. For this offence, sexual activity does not include penetration. Where the sexual activity includes penetration, it is recognized as rape.

A person can be found to have committed the offence of sexual activity with a child under sixteen years of age if he engages in sexual activity with the child or if he causes another person to engage in sexual activity with the child. He would have also committed the offence where he causes the child to perform a sexual act, for e.g. masturbation.

It is irrelevant whether at the time of the activity the person believed that the child was sixteen years of age or older. The penalty for this offence on summary conviction is imprisonment for five years. If convicted on indictment, the penalty is imprisonment for ten years.

Causing a child to watch a sexual act

It is an offence for anyone to cause a child under sixteen years of age to watch a sexual act or to look at an image of a person engaging in sexual activity. It is also an offence for a person to cause a child under sixteen years of age to watch him or another person engaging in a sexual activity. Persons who show young children pornographic material etc, video-clips of adults or children having vaginal sexual intercourse, oral sex, touching private parts etc would be found to have committed this offence.

Penalty

The penalty for this offence on summary conviction is imprisonment for five years and a fine of $1,000,000.00. If convicted on indictment, the penalty is imprisonment for ten years.

Defence/Exceptions

If the purpose for which a person causes the child to watch or look at a sexual act is not for personal gratification or to encourage such sexual activity from the child but rather, to protect the child, then there will be no offence. The Act sets out those purposes which are deemed to be for the child’s protection. These are:

a) protecting the child from a sexually transmitted infection;

b) protecting the physical safety of the child;

c) preventing the child from becoming pregnant; or

d) promoting the child’s emotional well-being by the giving of advice.

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Meeting a child under sixteen years following sexual grooming

An adult can be charged with the offence of meeting a child under sixteen years following sexual

grooming. This offence is where an adult meets or communicates with the child on at least two

occasions before, then meets or travels to meet the child, with the intention of committing an

offence against the child. A person will be found to have committed this offence only where the

child is under sixteen years of age and the adult does not reasonably believe that the child is sixteen

years of age or older.

It does not matter if the meeting or the communication took place in any part of the world. This provision would cover for example, the situation where a person communicates with the child via electronic means e.g., e-mail, and

The penalty for this criminal offence is imprisonment for five years and a fine of $1,000,000.00 on summary conviction. If convicted on indictment, the person may be imprisoned for ten years.

“CLOSE IN AGE” DEFENCE

With respect to offences against children who are under sixteen years of age, the legislation recognize “close in age” defence for the offences of: rape; sexual activity with a child; causing a child to watch a sexual act; and meeting a child following sexual grooming.

Where the child is twelve years or more but under fourteen years a person may rely on the close in age defence if:

1) the person accused of the offence is less than two years older than the child; and

2) is not in a position of authority or a relationship of dependency with the child or in a relationship of dependency etc.; and

3) the child consented to the activity.

v Where the child is fourteen years or more but under sixteen yearsa person may rely on the close in age defence if:

1) the person accused of the offence is less than four years older than the child; and

2) is not in a position of authority or a relationship of dependency with the child or in a relationship of dependency etc.; and

3) the child consented to the activity.

Sexual activity with a child family member

The Act provides a very wide definition for family relations. It includes not just immediate blood relations but extends to persons who are regularly involved in the child’s care. It is a criminal offence for a person who is related to a child (person under eighteen years of age) to engage in sexual activity with that child. It is also a criminal offence for a family member to cause the child to engage in sexual activity with another person. Such sexual activity is not limited to sexual intercourse or those sexual activities which include sexual penetration. It extends to the situation where a family member causes a child to perform sexual acts for e.g. masturbation.

Penalty

If the person causes the child to engage in sexual activity which includes sexual penetration, then

that person may be imprisoned for life. If the sexual activity does not include sexual penetration, the

penalty is imprisonment for five years on summary conviction and a fine of $1,000,000.00. If

convicted on indictment, the penalty is imprisonment for fourteen years.

Defence

A person will not be convicted for this offence where the complainant is eighteen years of age or older and is lawfully married to the person who is accused of committing the offence.

A person will also not be found to have committed an offence where the parties had a lawful sexual relationship immediately before they had a family relationship.

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Abuse of position of trust: sexual activity with a child

If a person who knows (or could reasonably be expected to know) that he is in a position of trust towards a child causes that child to engage in sexual activity or to perform sexual acts then that person commits a criminal offence. Persons deemed to be in a position of trust towards a child are:

• persons who care for those individuals who are detained in an institution by virtue of a court order or by virtue of a law

• persons who look after those individuals in a care institution such as hospitals, independent clinics, community homes, children’s home, orphanages etc.

• persons (not themselves being students) who look after students of educational institutions such as teachers etc

Penalty

A person who commits this offence may be imprisoned for life if the sexual activity included sexual penetration. Where the sexual activity does not include sexual penetration, on summary conviction the person would be imprisoned for five years and fined $1,000,000.00 If the person is convicted on indictment, the penalty is imprisonment for ten years.

Defence

A person will not be convicted for this offence where the child is sixteen years of age or older and is lawfully married to the person accused of committing the offence. A person will also not be found to have committed an offence where the parties had a lawful sexual relationship immediately before the adult entered into a position of trust with the child.

Sexual offences in relation to persons with mental impairment

Persons who suffer from mental disorders are in special need of protection. The Act protects against a wide range of offences for which persons suffering mental disorders are vulnerable.

Sexual activity by means of inducement, threat or deception

It is a criminal offence for anyone to engage in sexual activity with a person who suffers from a mental disorder by means of inducement, threat or deception. A person also commits a criminal offence if he causes the person suffering from a mental disorder to engage in sexual activity with another person or to engage in certain sexual acts (e.g. masturbation).

Penalty

If sexual penetration is involved in the sexual activity the person may be imprisoned for life. Where the sexual activity does not include sexual penetration the penalty is imprisonment for five years and a fine of $1,000,000.00 on summary conviction. If the person is convicted on indictment, the penalty is imprisonment fourteen years.

Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception

If a person by inducement, threat or deception causes a person with a mental disorder to watch a sexual act or to look at an image of a person engaging in sexual activity, he commits a criminal offence. On summary conviction, the person may be imprisoned for five years and fined $1,000.000.00. If convicted on indictment, the penalty is imprisonment for ten years.

If the reason for doing these acts was to protect the person suffering from a mental disorder and not for sexual gratification or encouragement of such activity then the person would not have committed an offence.

Care worker engaging in, causing or inciting sexual activity with a person with a mental disorder

Care workers for persons with mental disorders should not engage in or cause sexual activity with them. Care workers should also not cause persons with mental disorders to engage in sexual activity with other persons or cause them to perform sexual acts (including masturbation).

Penalty

If the sexual activity involved sexual penetration, the care worker may be imprisoned for life. In all

other cases, the care worker may be imprisoned for five years and fined $1,000,000.00 on

summary conviction. If convicted on indictment, the care worker may be imprisoned for ten years.

Defence

If the person suffering from the mental disorder is an adult and is lawfully married to the care worker, the care worker cannot be found to have committed an offence. The care worker will also not be found to have committed an offence if immediately before the person’s care, there was a lawful sexual relationship between them.

Care worker causing a person with a mental disorder to watch a sexual act

A care worker for a person suffering from a mental disorder should not for the purpose of obtaining sexual gratification cause that person to watch a sexual act or to look at an image of any person engaging in a sexual activity. The penalty for this offence is imprisonment for five years and a fine of $1,000,000.00 on summary conviction. If convicted on indictment, the penalty is imprisonment for ten years.

Defence

A caregiver will not be found to have committed an offence if the person suffering from the mental disorder is an adult and is lawfully married to the caregiver. A care giver will also not be found to have committed an offence if immediately before he became involved in person’s care, there was a sexual relationship between them. Importantly, if the purpose for which the care giver caused the person suffering from the mental disorder to watch a sexual act or to look at an image of a person engaging in sexual activity is for the person’s protection, then no offence is committed.

III. THE PREVENTION OF DISCRIMINATION ACT 1997

The Prevention of Discrimination Act expressly recognizes sexual harassment as an act of discrimination. It defines sexual harassment as:

“unwanted conduct of a sexual nature in the workplace or in connection with the performance of work which is threatened or imposed as a condition of employment on the employee or which creates a hostile working environment for the employee.”

One of the grounds on which the legislation makes it unlawful to discriminate, is on the grounds of sex. Section 8 of the Prevention of Discrimination Act provides that any act of sexual harassment against an employee committed by an employer, managerial employee or co-worker shall constitute unlawful discrimination based on sex.

Penalty

Prohibition of sexual harassment extends to employment agencies, educational authorities or qualifying bodies. A person who commits sexual harassment may be fined up to $20,000.00. Pressuring a person to discriminate carries a penalty of a fine of $15,000.00.

C. HELP FOR SURVIVORS

I. GETTING HELP UNDER THE DOMESTIC VIOLENCE ACT 1996

Where do I apply for an order?

You should make an application for a protection order, occupation order or a tenancy order at the Magistrate’s Court. You do not need an attorney to make the application for you.

Will the person who is abusing me be informed that I have made the application?

Yes. The abusive person against whom you are seeking the order must be formally made aware that you are seeking an order from the court. The abusive person must be served with a copy of the application for the order and also notice of the date at which, and the time and place at which the application is to be heard. This is called notice. In certain circumstances the court may grant a temporary or an interim order for your protection even though the abusive person has not been given notice.

How does the law define domestic violence?

The definition of ‘domestic violence offence’ includes use or threats of violence, emotional injury, physical injury and certain sexual offences.

What types of orders and protection can I get?

The orders available are: protection order; occupation order and tenancy order.

Protection order

The protection order is an order from the court. It prohibits the person who is abusing you from doing so. It further prohibits that person from engaging in certain activities such as: molesting you, using abusive language towards you, following you, making contact with you, entering or remaining in your home or your place of work.

Occupation order

An occupation order gives you the right to live in the home and prevents the abusive person from living there.

Tenancy order

A tenancy order vests you with the tenancy of the dwelling house which you and the abusive persons reside or hold together as tenants.

Additional Orders

• Order for use of furniture etc

If you are granted an occupation order or a tenancy order, the court may also grant you permission by means of a further order for the use of the furniture, household appliances and household effects.

• Counselling order

The court may recommend that the abusive person receives counselling.

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What must I prove to get the order?

Firstly, you must first establish that you qualify to seek relief under the Domestic Violence Act 1996. In order to qualify you must fall into at least one of the following categories:

• you are or were married to the abusive person

• you live or lived with the abusive person as husband and wife although not married to each other

• you are or have been engaged in a relationship of a sexual nature with the abusive person

• you and the abusive person have agreed to marry each other (whether or not the agreement has been terminated)

• You live or have lived together in the same household with the abusive person

Secondly, you must prove that the abusive person is engaging in, has engaged or threatens to engage in conduct which amounts to domestic violence towards you, or the person has without your consent induced or forced you to be drugged or intoxicated.

What factors will the court take into account in deciding whether to grant the order?

In determining whether to impose a prohibition or direction, the court must have regard to:

• the need to secure the health, safety and well-being of the person in need of protection

• the need to secure the health, safety and well-being of a child;

• the accommodation needs of the person in need of protection

• any hardship that may be caused to the abusive person or to any other person as a result of the making of the order;

• the income, assets and financial obligations of the abusive person and of the person in need of protection

• any other matter that in the circumstances of the case the court considers relevant.

If you are applying for an occupation order or a tenancy order, the magistrate will consider whether the order is necessary for your protection or whether the order is in the best interest of the child.

How long will the orders last?

The protection order may lasts for such period as specified by the court.

Do these orders affect anyone’s ownership of property?

No. These orders do not affect a person’s right to ownership of property.

Can I get any monetary order for my support of my children’s support or compensation for injuries?

Yes. You can the court may order that the abusive person provide financial support for the maintenance of a child.

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What are interim or ex parte orders?

When you make an application to the court for an order, the abusive person is to be given notice of your application. However, in certain circumstances the magistrate may grant an order for your protection even though notice is not given to the abusive person. The magistrate may do this where she is satisfied that the delay may cause risk to your personal safety or serious injury or undue hardship.

The order which the magistrate makes in this circumstance is called an interim order. This is an order which is pending the hearing and determination of the proceedings. It is not a final order and is intended to last for a limited period. A copy of this order must be served on the abusive person and he should be notified of the date on which the court intends to have the actual hearing.

What happens if the protection order is breached?

The penalty for breaching a protection order is imprisonment for up to twelve months and maximum fine of $10,000.00

What powers do the police have under the Act to protect me from domestic violence?

Power to apply for protection order

A police officer may apply to the court for a protection order on your behalf.

Power of arrest

A police officer who has reasonable grounds to believe that a person has breached a protection order or an interim protection order, may arrest that person without a warrant.

If a police officer has reasonable grounds for believing that a person has breached any of the conditions of his bail, he may arrest the person without a warrant.

Power of entry with warrant

A police officer is authorized to without a warrant enter any premises to give assistance to persons where he has reasonable grounds to suspect that a protection order is being violated. A police officer is further authorized to enter without a warrant any premises to give assistance to persons where upon being invited onto the premises he has reasonable grounds to suspect that a person has suffered physical injury or is in imminent danger of physical injury.

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Power of entry without warrant

A magistrate may issue a warrant authorizing a police officer to enter specified premises and take such action as is necessary to prevent an offence from being committed or repeated. This may be done where the magistrate is satisfied that there are reasonable grounds to suspect that a person on premises has suffered physical injury (or is in imminent danger of physical injury )and needs assistance and the police officer has been refused permission to enter the premises to render assistance.

What duties are placed on the police under the Act?

A police officer upon responding to a complaint of domestic violence has a legal duty to take all reasonable measures within his power to protect the victim from further violence. The legislation anticipates likely scenarios that a police officer may face when intervening in a case of domestic violence and provides some guidance in respect of the police’s response to the situation. Immediately below are the guidelines for the police officers.

Guidelines for Police Officers

• Where the victim indicates that she has suffered injuries though not visible, which require medical assistance, the police officer should assist her in obtaining medical treatment as soon as possible.

• Where the victim of domestic violence expresses concern for her safety, the police officer should assist the victim in getting to a place of safety.

• Where a victim of domestic violence requests the police officer to accompany her to remove her personal belongings from the place where the abusive person lives, the police officer should do so.

• The police officer should advise the victim of domestic violence on the importance of preserving the evidence.

• The police officer should inform the victim as to her rights and of the services which may be available to assist her.

Duty to prepare report

Where a police officer intervenes in an incident of domestic violence, he should prepare a written report relating to the incident. This report should contain: (i) the allegations of the persons involved; (ii) allegations of the witnesses; (iii) the type of investigation conducted; and (iv) how the incident was resolved.

Duty of the police officer who is in charge of the police station

The police officer who is in charge of the police station must ensure that all records of domestic violence are properly compiled so as to facilitate easy reference to data. He should also ensure that confidentiality is maintained with respect to the identity of persons involved in cases of domestic violence and that interviews are carried out in an area of the police station which provides the utmost privacy.

How will my privacy be protected during the court proceedings?

Your matter is to be heard in camera (in private) unless the court directs otherwise.

Further, there are restrictions on publication of reports of these proceedings. Other than criminal proceedings, the details of your case should not be published except where the permission of the court is granted to do so. The penalty for publishing a report without the permission of the court is a fine of $10,000.00. Publication of reports for bona fide professional or technical nature or those intended for circulation among members of the legal or medical professions, officers of the Public Service, psychologists, marriage counsellors or social welfare workers are exempt from this restriction.

How does the law ensure that the rights of the abusive persons are protected?

The abusive person must be given notice of the application for an order and has a right to be heard by the magistrate to answer the allegations made. Where the magistrate makes an order against the abusive person, the abusive person has the right to apply for it to be discharged or its conditions varied. The abusive person as well as the person who applied for the order also has the right to appeal the magistrate’s decision concerning the making of an order or the refusal to make an order.

II. CRIMINAL TRIALS FOR SEXUAL OFFENCES

What are the duties of the police in respect of sexual offences?

Record and investigate reports of sexual offences

Police officers have a legal duty to record and investigate reports of sexual offences. Within three months of having received a report, the police must lay charges in respect of the report or send the file relating to the report and the investigation to the Director of Public Prosecutions for advice. If the police fail to fulfil this duty, it is deemed to be a neglect of duty by the Investigating Rank. The Investigating Rank may then have to answer disciplinary charges.

Reduce victim trauma

At the police station, a police officer should not require a person who says that they are the victim of a sexual offence to repeat the details of what happened in the presence of the person who is accused of committing the offence. It is only where the victim asks for this to be done, that the police should allow it. Further, identification parades are to be done by way of audio visual link; two way mirror; or any other manner sensitive to the victim’s well being.

Is there any provision to protect the privacy of a survivor of sexual violence?

The judge or magistrate may exclude members of the public from the court room for the duration of the proceedings. If the judge or magistrate decides that members of the public should not be excluded from the court room, he must have considered certain factors. He must also provide a reason for such decision. The sentencing of the convicted person must however be done in public.

Publication or broadcast of any information that could lead members of the public to identify the victim or witnesses is prohibited. This restriction may be removed where the victim gives written consent for the information to be published or broadcasted. A person who contravenes this provision commits an offence and may be fined $2,000,000.00.

Further, persons are not even allowed to state your name and your address when you are called to give evidence. You also are not allowed to state such information.

Is my past sexual history relevant?

It is only in very limited circumstances that the court may allow evidence of your sexual activities. Even where the court allows such evidence, it cannot be used to suggest that because of your sexual activity, you were more likely to have consented to the activity for which the accused person is being charged or that you are less worthy of belief.

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What is ‘recent complaint’ evidence and how will the court view it?

Where a woman says that she is the victim of a sexual offence, there is a rule at common law that allows her to give evidence that she actually told someone about what happened as soon as she was reasonably afforded the opportunity to do so. The person whom she told about the offence may also be allowed to give evidence. The judge can allow this to confirm the woman’s evidence of what happened and where consent was an issue in the case, to rebut or disprove consent.[1] These rules are known as the common law rules regarding recent complaint.

These rules are not abolished in Guyana. Rather there are certain factors that the court should consider when considering whether a complaint was made as soon as could reasonably be expected, such as: the nature of the sexual abuse and the stigma or humiliation often thought to go with them, particularly child sexual abuse; the relationship of the victim and the person accused of committing the offence etc.

Must there be independent evidence to confirm my account of the violation?

Corroboration

No.

You are concerned with what the law describes as corroboration. Corroboration is independent evidence which implicates a person accused of a crime by connecting him with it. In sexual offences cases, judges were required to warn the jury that it was dangerous to convict a person upon the uncorroborated evidence of a woman who complained that she was the victim of a sexual offence. [2] The reason for this warning was the mistaken belief or widely held perception that women often lie about being raped. Judges are no longer mandated to give a corroboration warning in sexual offences cases. In R v Gilbert (2002) 61 WIR 174, the Privy Council decided that the question whether to give a corroboration warning in sexual offence cases is a matter for the discretion of the trial judge.

In Guyana, the judge is not mandated to give a corroboration warning in sexual offences cases. The sexual offences legislationexpressly states that corroboration evidence of the victim or the sworn or unsworn evidence of a child is not required for a conviction of an offence under the Sexual Offences Act. Further, the judge should not direct the jury that it is unsafe to find the accused person guilty in the absence of corroboration.

[1] P. Murphy, Murphy on Evidence (11^th edn, Oxford University Press, 2009) 580

[2] P. Murphy, Murphy on Evidence (11^th edn, Oxford University Press, 2009) 635