The law on childhood sexual abuse
CHILDHOOD sexual abuse seems to be on the increase once more, despite the fact that just under two years ago, in May 2010, the Sexual Offences Act was assented to by former President Bharrat Jagdeo and signed into law in May 2010. The question asked here therefore is, “Could it be that these perpetrators of whom we read every so often , do not know, or is it that they don’t care anymore?”
Following the passage of the Bill, the Guyana Chronicle published in our HIV/AIDS Mailbox of May 29, a column titled ‘The Law on Childhood Sexual Abuse,’ with a view to sensitizing our readers.
For the benefit of those readers who did not read the column, today we bring you excerpts considered useful, since it is clear that a lot of people still need guidance on the law as it relates to Childhood sexual abuse and the penalties as outlined in the Act.
Please read the following and share the information with your children and other family members, church members, workmates, friends and neighbours, particularly young parents who lack experience in this area.
“Unfortunate though Childhood Sexual Abuse is, and whether or not we want to believe it, it is happening; and with much more frequency than reported. It is therefore advisable that we begin to acquaint ourselves with the signs of such abuse, and take a proactive approach to dealing with the menace.”
What is child abuse?
Child Abuse is the ill-treatment of children by adults or older children. The following are the different types of abuse:
• Physical abuse
• Emotional abuse
• Neglect
• Sexual abuse
Childhood sexual abuse
Childhood Sexual Abuse is the involvement of a child in any sexual activity with an adult or an older child. It includes fondling, sexual suggestions, touching and penetration (anal, oral or vaginal).
Usually, sexual abuse involves the abuse of power and abuse or betrayal of the trust that a child has placed in the older person by virtue of his position. It can be forceful rape or the exercise of manipulation by the adult over a gullible or unsuspecting victim, in which case, the older person coerces the child into believing that the intended act is right, or that if they don’t do it, something bad is going to happen. Invariably, the child, after coaching and insistence by the perpetrator who uses all kinds of manipulative means to ensure compliance, becomes confused and gives in.
Such persons in positions of trust can include: A social worker, probation officer, coach, a teacher, instructor, babysitter, child-minder, or one who has welfare position in relation to the child.
Rewards Vs threats and blame
Once the sexual abuse would have taken place, the child is either offered a reward (sometimes money, some material thing), or lured into believing that the perpetrator is in a position to “make things happen” for the abused person in order to guarantee secrecy.
Then comes the threat, that if the sexually violated child dares whisper a word to anyone, the predator threatens to kill or have the child’s mother killed. And what’s more, some of the abusers actually attempt to make the victim believe that the act was his/her (the victim’s) fault, and that the abuser is not to blame.
It is important for parents to understand that it is never the fault of the child when they have been abused or violated. The blame and guilt always lie with the abuser. Particularly if the victim is an adolescent, there are parents who sometimes tend to believe that the act was the child’s fault, and they respond to the situation by either severely beating the child, or punishing him/her in ways that only serve to perpetuate and aggravate the trauma already suffered.
Bypassing the hymen
Our information is that many of the predators perform anal sexual intercourse on female victims who are virgins, anticipating that in the event that there is a medical investigation, the hymen would not be found to be ruptured.
Of interest, according to the newly assented Sexual Offences Act 2010, ‘Rape’ is classified as “Penetration of the vagina or anus by any body part or object, or penetration of the mouth by the penis in coercive circumstances,” and carries a maximum penalty of life imprisonment.
Additionally, under the new law, ‘rape’ of a child under 16 years also carries a maximum penalty of life imprisonment. The same is the penalty for one found guilty of having penetrative sex with a child family member (incest).
And in the face of more cases of incest coming to light, affected families will be relieved to know that, under the law, sex offences with family members (incest) is occasioned where: “A person sixteen years of age or over commits the offence of sex with an adult family member if they engage in sexual penetration with another person who is 18 years of age or over, and who is related to them as a parent, grandparent, child, grandchild, brother, sister, half brother, half sister, uncle, aunt, nephew or niece.”
HIV and anal sex
Contrary to what some people think, when it comes to the transmission of HIV, anal sex is riskier than vaginal sex. Because the membranes of the anus are thinner and there is no natural lubrication, tearing happens more easily, hence the possibility of blood/semen contact.
Albeit, both are efficient routes for the virus. The US San Francisco AIDS Foundation warns that “for the receptive partner (at the ‘bottom’), the mucous membranes of the anus and vagina are very efficient routes into the bloodstream. HIV may also enter either through routine, minute tearing caused during intercourse (unnoticed).” The Folundation notes that, for the penetrative partner (the ‘top’), HIV may infect through the mucous membranes in the meatus (the opening of the urethra). In fact, it adds that it is believed that uncircumcised men may be at greater risk for HIV for a variety of reasons.
Below, Help and Shelter (Guyana) offers guidance on
Some signs of sexual abuse:
• Unexplained bleeding or discharge from the genital areas
• Stress-related disorders
• Infections of the mouth or throat
• Sexually Transmitted Diseases Infections (STIs)
• Loss of appetite
• Unexplained vomiting or gagging
• Nightmares
Some behaviours of a sexually abused child
• Promiscuous sexual behaviours
• Resists physical contact
• Fearful/Withdrawal
• Self destructive/suicidal
• Obsession with private parts
If your child, other loved one or neighbour is sexualluy abused, please contact the nearest police station or call Help and Shelter on Telephone number 227-3454 or the Child Protection Agency on 225-11257 as soon as possible. Be assured there’s help will be on the way. No perpetrator is exempt from the law.