The accused must not be made to carry the burden of the entire society

Dear Editor,
As much as I applaud the government for its efforts to revamp the sex laws in Guyana, the recent declaration by the Ministry of Human Services to expand the definition of rape to include, apparently, other acts of sexual misconduct or assaults, thereby making them subject to a proposed life imprisonment sentence for rape, is very troubling. It is not even clear whether statutory rape deserves a life sentence, and it seems as if the government is acting overtly to please a public outcry (rightfully so) against the rise of rapes and sexual violence in Guyana.

But the public itself must ensure that no law is expanded so much as to ensnare civilian-violators who are really liable for less severe crimes that the current definition of ‘rape.’ And this is exactly what this proposed law will do.   Also, because a life sentence is meant to take a person’s life away, we must not be so willing to use such a sentence so broadly.

There is a lot to be said about sex laws in Guyana. Time permitting, I hope to return to this issue because it risks setting a dangerous and unfair precedent.   But for now, let me say that any examination and re-writing of the rape law as proposed must include an examination of the great failures of major institutions in Guyana which were created to prevent such high rises in sexual violence in the first place.
It is clear that the rise of sexual violence (like every other type of violence) is a direct result of the extraordinary failures of the political parties, the government (including the education system), the police, and the judicial system to provide viable services to the public on a daily basis.

For example, I know for a fact that women have gone to make reports of sexual violence/assaults and have been laughed at by police officers. Our police officers have a great appetite for sexual comedy, and it is these things which continue to nurture the violent atmosphere which exists in Guyana to give rise to increased sexual violence.

For starters then, the public must be shown whether these institutions are being held accountable by the legislative and the legal processes.
The accused must not be made to carry the burden of the entire society with all its failures.
Yours faithfully,
Rakesh Rampertab