The Sexual Offences Act was signed by President Bharrat Jagdeo on May 24, 2010. This act replaces the Criminal Law (Offences) Act, certain sections of which have been repealed.

The penalties for offences are quite severe. Consumers should become acquainted with the law as it now stands.

Offences

Rape:

3. (1) A person (the accused) commits the offence of rape if-

(a) the accused –

(i) Engages in sexual penetration with another person (“the complainant”), or

(ii) Causes the complainant to engage in sexual penetration with a third person;

(b) The complainant does not consent to the penetration; and

(c) The accused does not reasonably believe that the complainant consents.

(2) Sections 7 and 8 (relating to presumptions about consent) apply to an offence under this section.

(3) A person who commits the offence of rape is liable, on conviction on indictment, to imprisonment for life.

Sexual Assault

4. (1) A person (the accused) commits the offences of sexual assault if –

(a) The accused –

(i) Touches another person (the complainant) in a sexual way;

(ii) Causes the complainant to touch the accused in a sexual way;

(iii) Causes the complainant to touch a third party in a sexual way; or

(iv) Otherwise indecently assaults the complainant within the meaning of any other law;

(b) The complainant does not consent to the touching or the act which would constitute indecent assault; and

(c) The accused does not reasonably believe that the complainant consents.

(d) A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for five years and on conviction on indictment, to imprisonment for ten years.

Laws repealed                                         Extent of Repeal Section

Criminal law (Offences) Act Cap 01

7, 65 to 71 (inclusive), 72, 73 (a)

7, 77A and 83 to 89 (inclusive)

Criminal Law (Procedure) Act Cap                        10:01                   31

Summary Jurisdiction (Offences) Act Cap           8:02                    24              

Evidence Act Cap                                                            5:03                   82

Part X

Miscellaneous

95. (2) States

Third Schedule

Notwithstanding the repeal under subsection (1), if before the date on which this section comes into force there are any pending proceedings instituted, the proceeding shall be disposed of or continued under the law as it stood immediately before the commencement of this section.