Today, we will dissect two of the most crucial provisions under the Sexual Offences Act, Cap 8:03, Laws of Guyana (the Act), which criminalise specific sexual conduct involving children.
Section 16 of the Act establishes the offence of “rape of a child under 16 years,” while Section 17 creates the offence of “sexual activity with a child under 16 years.”
“Rape of a child under 16” is self-explanatory. It pertains to cases where an accused person engages in penetration (see explanation of penetration here). “Sexual activity with a child under 16” is similarly self-explanatory. In considering these offences, we will mention, but not apply the close in age defences. As such, we will assume that the discussion pertains to any accused person who is 19 or older. We will examine and apply the close in age defences in a separate article.
