In Parliament…
THE Child Care and Development Services and Sexual Offences Bills, the last two in a series of five related to children, were tabled in the National Assembly on Thursday.

Human Services and Social Security Minister, Ms. Priya Manickchand moved the first readings of both, which at her request were sent to a Special Select Committee of the House.

The other pieces of legislation in the series, the Status of Children, Adoption of Children and Protection of Children Bills were unanimously approved in a previous sitting of the Assembly.

The Child Care and Development Services Bill seeks to make regulations and provides for the granting of licences for the following purposes:

* It said the Minister responsible for children’s welfare and social security will specify the services from time to time and stipulate that caregivers and sponsors be registered.

* The explanatory memorandum said: “The Child Care and Protection Agency may, on a request made by a licensed caregiver or sponsor, after giving prior notice to the parent or guardian, if it is satisfied otherwise, cancel the licence in respect of the premises, subject to any requirement as it may deem fit.”

* The agency may also issue a new licence, in the name of another person, in respect of the same premises, subject to the provision of this act.

* A person of unsound mind, one who has been convicted of an offence, which in the opinion of the agency involves moral turpitude or one who at any time has been adjudicated as an insolvent cannot be a caregiver or sponsor the bill stipulated.

STIPULATIONS
Other stipulations include that caregivers and sponsors will be required to display evidence of having received training in early childhood care and development before being granted a licence to operate.

Another is that registration and any requirement for the same are not necessary for hospitals, any children’s home run by a voluntary residential care facility or any provided, equipped and maintained by the State or its agencies.

Among the provisions is that notwithstanding anything contained in the law, a caregiver or sponsor must ensure no child is subject to corporal punishment or abuse of any nature.

The agency can initiate disciplinary proceedings against a caregiver or sponsor who is convicted of an offence outside Guyana, which if committed here, would be punishable.

Disciplinary action can also be taken if a caregiver or sponsor is guilty of misconduct or malpractice in or outside of Guyana.

The legislation provides, as well, for the agency to take appropriate action against a caregiver or sponsor who is guilty of malpractice, in the form of a fine, censure, suspension of licence for a specified period of time or removal of name from the register along with licence cancellation.

The person under scrutiny the bill stated, will be afforded an opportunity to be heard before any action is taken against him or her.

“Whoever employs a person who is disqualified under this act, in relation to child care service, commits an offence and is liable on summary conviction, to a fine of $50,000,” the bill said.

The Sexual Offences Bill addresses issues such as rape, sexual assaults and activities with a child under 16 years of age and meeting a child following sexual ‘grooming’.

CONCEPTS

It also deals with the concepts of position of trust and obstructing the prosecution along with other offences like exposure of genitals, voyeurism and intercourse with an animal.

The definition for rape is widened, too, to cater for those offensive activities inclusive of any intrusion however slight of any part of a person’s body or putting any object into the vagina or anus of another person.

According to the bill, as regards consent this cannot be inferred by reason of silence or sexual arousal and belief in consent is not a defence.

It said all reforms will benefit child victims and adults.

An offence of sex with an adult relative will cover sexual activity between certain adult blood relatives – parents, child, sibling, grandparent and grandchild.

Similarly, under Clauses 25 to 27, the abuse of a position of trust, in relation to children creates a new offence of breach in relationship of care with a view to prohibit sexual activity between those in position of authority in care relationships or in custodian contexts, such as hospitals, care homes, Police stations and prisons.

Clause 37 specifically states that a marital or other relationship, previous or existing, is not a defence to a charge of any offence under the act.

“A Court in Guyana has not ruled on this point. So it is still the law in Guyana that a husband could not be guilty of raping his wife. This clause changes that law,” the legislation noted.

PRESUMPTION
Clause 38 abolishes the presumption that a male under 14 years is incapable of sexual intercourse.

Part three of the nine-part legislation makes it mandatory for the Police to promptly investigate a report of sexual violence and either charge the accused or forward the file to the Director of Public prosecution (DPP) within three months.

Part five deals with procedures in paper committals and states that where an offence is charged under the act there shall be no oral preliminary inquiry (PI) and instead a paper committal shall be held.

“In Guyana, the oral preliminary stage frequently lasts for a considerable period and is usually conducted like a full trial then the whole trial is played out again in the High Court. Moving paper committals would speed up criminal trials and also free the Magistrates’ Courts to deal with other matters and reduce the back log of cases,” the bill outlined.

Clauses 45 to 51 create a presumption to hear matters in ‘camera’.

But that presumption is rebuttable, if it is in the interest of justice to hear matters in public and the presence of support persons will be allowed at the request of victims