Breaking Down the Sexual Offences Act
This will be my last article breaking down the Sexual Offences Act, Cap 8:03, Laws of Guyana (“the SOA”).
For more than a year, I have written an article almost every weekend seeking to educate the Guyanese public about the provisions of this Act. I hope that these articles have fulfilled that purpose. More important than that, however, I hope these articles can be used as tools to help anyone in need.
Today, I will break down sections 85, 86, 87 and 88 of the SOA.
These sections regulate: i) court orders which can accompany a conviction for a sexual offence (section 85), ii) the duty to report suspected sexual abuse of children (section 86), and iii) the establishment of the National Task Force for the Prevention of Sexual Violence (NTFPSV) and the Sexual Violence Unit within the Ministry of Human Services and Social Security.
Section 85 – Orders which can accompany sentences in sexual offences matters
Where a person is found guilty and sentenced for committing any offence under the SOA, including rape or sexual assault, the court is empowered to make additional orders.
For instance, the court may order that the person convicted of the offence pay the victim civil compensation. This means that the person found guilty would have to pay the victim a monetary sum.
Around the world, these orders are intended to compensate the victim for any damage, injury, or loss, including financial loss and emotional and mental damage. Compensation is, therefore, seen as a form of reparation, paying for the damage caused.
Section 86 – Duty to report suspected sexual abuse of children
Section 86 of the Act places a duty on health workers to report any suspected sexual abuse of children in their case if they find evidence of such abuse while examining children.
Section 86 expressly states that where a health worker treats a child and finds evidence that the child has been sexually abused, the health worker must report this evidence of abuse to the police and keep a record of having made the report,
The Act also states that medical confidentiality does not apply in these circumstances, meaning that this law is an exception to the confidentiality rules, which usually apply between a healthcare worker and a patient.
Notably, a healthcare worker who ignores this duty can face several criminal charges related to child endangerment. The child’s parents or guardians may also sue them for breach of statutory duty.
Sections 87 and 88 – Creation of the National Task Force for the Prevention of Sexual Violence (NTFPSV) and the Sexual Violence Unit
As mentioned earlier, section 87 of the SOA requires the Government of Guyana to create the NTFPSV. This body comprises the Ministers of Legal Affairs, Home Affairs, Human Services and Social Security, Amer-indian Affairs, Education, Health, Local Government, Youth, Sport, and Culture and senior public officers responsible for law enforcement, health, human services, etc. These persons are to be appointed by the President.
The Task Force has various functions, including developing national plans for the prevention of sexual offences, coordinating the implementation of this plan, and coordinating the collection, publication, and sharing of data related to sexual violence.
Section 88 mandates the creation of the Sexual Violence Unit, which is intended to support the Task Force in executing its functions.
In a sense, these sections are ideal for closing off this series, and they are concerned with reparations for victims and an emphasis on the creation and implementation of policies to combat sexual violence.
Indeed, it is questionable whether sexual violence can ever be eradicated. Nonetheless, these, and the other sections of the SOA covered in this series, will continue to help Guyana fight against this severe social phenomenon.