This week we will break down Section 21 of the Sexual Offences Act (SOA), Cap 8:03, Laws of Guyana, an important part of Guyana’s legislative framework aimed at addressing and mitigating child sex offences within Guyana. Importantly, this provision balances the objective of preventing child sex offences with considerations for actions taken in a child’s best interests. The analysis is structured to distil the legal framework, implications, and nuances embedded in this section.
Overview of Section 21
Many of the persons who are ultimately charged or convicted of child sexual offences are those persons who engaged in the offensive conduct. For example, the person(s) accused of sexual activity of a child, sexual assault of a child, or sexual activity with a child by abusing a position of trust. There are, however, a different category of offenders: persons who may have arranged or facilitated the offence against the child. Section 21 of the SOA addresses such offences. The section sets out the conduct which is required for a person to be guilty of committing this offence; the exceptions; and the penalties a person will face upon conviction. This section is comprehensive; designed to cast a wide net to prevent not only direct perpetration and participation in child sex offences but also the orchestration, facilitation, or encouragement of such child sexual offences.
