Breaking Down Sexual Offences
Last week we concluded our examination of laws which seek to protect people with mental disorders from sexual predation. This week, we turn our focus to Section 28 of the Sexual Offences Act, Cap 8:03, Laws of Guyana (the “SOA”), a legal provision that explicitly criminalises the exposure of the male or female genitals under circumstances that are intended to cause alarm or distress.
One could be excused if they were tempted to laugh at the realisation that this law may capture the practice of publicly exposing genitals during a ‘buse out’; conduct which I have, unfortunately, personally observed traversing various places in Guyana
Indeed, in the Caribbean, it is not unheard of for parties to public verbal disagreements to drop their clothing, including underwear, to display their genitals or other parts to underscore their disdain for the target of this conduct. Additionally, the public exposure may be done to create a visual aid of what the person displaying the conduct would like their target to do.
The act, however, also has a more nefarious purpose which is no laughing matter. It is well documented that some persons, particularly men, have taken to publicly displaying their genitals to their victims to cause them alarm or distress. Often, if not always, it is this display, and the accompanying distress which provides sexual gratification to the person engaging in the conduct.
The core offence explained
Section 28 of the SOA is articulated in a clear, two-part format which defines: i) the act constituting the offence, and ii) the intention or mindset that must accompany the act.
Specifically, under Section 28(1), an offence is committed if: i) the accused intentionally exposes his or her genitals, and ii) this exposure of the genitals is done with the intent that someone will see the genitals and be alarmed or distressed.
Section 28(1)(a) of the SOA therefore makes it clear that accidental exposure, or situations where someone might inadvertently find themselves exposed due to circumstances beyond their control, are not likely to constitute criminal offences.
Further, since section 28(1)(b) requires that the exposure be intended to be seen by someone else, specifically to invoke alarm or distress, the Act seeks to prevent the misuse of the provision against individuals who may be exposed in contexts where no harm is meant or foreseen.
This provision therefore aims to penalise public indecency that is not only inappropriate but is also intended to upset or disturb others.
The accused and the intent
Critically, the key element in this offence is the intention of the accused. The law makes it clear that the exposure of genitals must be deliberate, and with the specific intention of the accused that his genitals would be seen by others. Furthermore, the accused must have intended that such exposure would cause alarm or distress. This dual intent distinguishes mere nudity in a non-sexual context from criminal exposure meant to provoke or upset others.
For instance, if John intentionally exposes himself in a public park where families are present and does so with the aim of alarming others, he will directly fall within the ambit of Section 28’s prohibitions. However, if John decides to urinate on a lantern or utility pole, and while taking out his genitals, they are seen by passersby, John will not possess the intention or mindset needed for this conduct to be an offence under this provision.
Penalties for violations
The consequences of violating Section 28 are severe, underlining the seriousness with which the law views such conduct: section 28(2)(a) provides that upon summary conviction, the accused can face a fine of $500,000 and up to two years’ imprisonment. Meanwhile, section 28(2)(b) states that a conviction on indictment can lead to imprisonment for five years.
These penalties reflect the law’s intention to deter such behaviour and protect the public from exposure to potentially disturbing acts.
Section 28 of the SOA therefore serves as a critical legal mechanism to ensure public decency and protect individuals from unwanted exposure to disturbing actions. By clearly defining the offence and its requisite intentions, the provision not only penalises, but also deters acts of exposure meant to distress others. It stands as a testament to Parliament’s commitment to maintaining a safe and respectful public environment.
Mr Chevy Devonish is a Senior Legal Advisor with the Attorney General’s Chambers and Ministry of Legal Affairs, and a Part-time Lecturer at the University of Guyana. You can contact Mr Devonish
at chevydevonish@gmail.com.
