The formal justice system seems to have lost jurisdiction in dealing with sexual offences

Dear Editor,

This week, the University of Guyana in response to a report of rape has responded by saying that according to its investigations no rape occurred. They were however able to claim that the alleged victim was intoxicated. The Guyana Defence Force also through a Board of Inquiry has concluded that soldiers “physically assaulted” but did not rape a woman. It is not clear whether the BoI checked the Sexual Offences Act to see if any other sexual offences were committed.

It seems, in the Golden Jubilee year, that the formal justice system has lost jurisdiction in dealing with sexual offences. Two major national institutions have assumed responsibility for the gathering of evidence, for processing charges and for passing judgment at the relative speed of lightning compared to the formal justice system. There have not been any reports of the University of Guyana or the Guyana Defence Force acquiring the forensic ability to deal with sexual offences since the 2010 legislation came into force. It is reasonable, however, to expect that the University of Guyana and the Guyana Defence Force ensure that reports are made to the proper authorities and that survivors of sexual violence are not further abused as they pursue justice.

Section 87 of the Sexual Offences Act of 2010 requires President Granger (and not the Minister) to convene a National Task Force for the Prevention of Sexual Violence. The PPP presidents never bothered to do this. The Act lists the responsibilities of the Task Force. Among other things, the National Task Force is expected to monitor the implementation of the Sexual Offences Act and to educate the public about the Act. The recent pronouncements and apparent judgments by the University of Guyana and the Guyana Defence Force show that the President must urgently convene the National Task Force.

Yours faithfully,

Vidyaratha Kissoon