The Sexual Offences Bill 2009 was last evening unanimously supported in the National Assembly, and it changes the law as it relates to sexual offences in a significant way. The new legislation seeks to reform and consolidate the laws relating to sexual offences, and to provide for related matters, and was introduced to the National Assembly and read for the first time in July 2009, when it was committed for consideration by a Special Select Committee.
The report of the Special Select Committee of the National Assembly was presented by Chairperson of the Committee on the Sexual Offences Bill 2009 (Bill No.3 of 2009), Minister of Human Services and Social Security, Ms. Priya Manikchand, with a host of interest groups being present at the sitting.
Minister Manikchand, in moving the second reading of the bill, said the National Assembly will give birth to a bill that will be changing the law as it relates to sexual offences in a significant way.
She noted that this process began many years ago and can be credited to the work of many persons, mostly women, and many organisations that joined the struggle for the rape laws of the country, which were last amended significantly in 1884, to be changed.
Manikchand said in 2006, the People’s Progressive Party/Civic (PPP/C) went to the electorate and said in its manifesto that it was going to reform the sex offences legislation.
She reminded of the stamp it out document, which contained “proposals to strengthen protection against sexual violence and reform the law on sexual offences”, and which was circulated widely across Guyana, with widespread consultations across the country to hear from people.
She said they heard from over 5,000 people at some 60-odd consultations, and compiled their recommendations and suggestions into the stamp it out report, and from these the bill was drafted.
“In more way than one, we can say the bill here this afternoon is representative of what the people of Guyana have cried for and asked for, and said they want, over a number of years, and we should all in this House this afternoon, when we do pass this piece of legislation, be proud of the fact that we have heeded the call of the people we have sworn to serve,” she insisted.
She said the legislation sought to modernise the law, but “to make it real as it relates to what is happening in our country” noting that recently there has been many reports in the press about sexual violence, particularly against young children.
She said there are some new offences under the piece of legislation, and changes, and new child sex offences which cater for many of the abuses seen now.
The minister reported that a sex offences court will be established and hearings will closed to the public, while there will be special measures to assist victims to give evidence in court, and specialisation and training for judges and prosecutors, including training on regulating and cross- examinations of victims.
“We are abolishing by this piece of legislation the provision which allows for a male only jury,” she pointed out.
Manikchand noted that critical to the success of the implementation of the new legislation will be training, which will be done with service providers, to ensure that the legislation can be implemented in the ways expected, so that victims and complainants of sexual violence could receive justice.
“And hopefully, once that is done, then it may deter persons who are inclined to perpetrate sexual violence,” she underscored.
PPP/C Member of Parliament (MP) and Attorney-at-law, Mr. Anil Nandlall in lending his support and congratulating Minister Manikchand, declared, “This bill can be described as a landmark piece of legislation.”
“Because for the first time in the history of this country we have a consolidation and an amalgamation of all of the sexual offences under the laws of Guyana in one singular of legislation, and also it creates a number of new offences,” he emphasised.
He said the legislation has “very deep and far-reaching social ramifications dealing with a very important aspect of the society.”
He agreed that there is an unusually high level of sexual offences being committed in this country, and invariably the victims are women noting, “Sex in our society is almost used as a weapon of exploitation by those who have economic power, largely against those who are less fortunate.”
To this end, he referred to a particular incident in the media over the last few days “which epitomizes the significant problem that we face in this country and which this legislation seeks to address.”
He alluded to the realities and the situations and circumstances which inspired and precipitated this type of legislation which is unique in many respects.
He said this process is something that is going on universally, because “sexual offences and sexual violence is assuming greater and greater importance, not only in our country, but throughout the world.”

Minister of Public Service, Ms. Jennifer Westford, in lending her support for the comprehensive piece of legislation, said sexual violence and abuse are among the most damaging crimes and they impact in a traumatic manner on the physical, mental and sexual health of the victims for many years.
People’s National Congress/Reform – One Guyana (PNC/R-1G) Member of Parliament (MP), Mr. Basil Williams in supporting the passage of the bill, said, “The PNCR, Mr. Speaker, supports the provisions of this bill certainly, to a large extent”.
He said the opposition party might have some reservations with some of the provisions but “fundamentally, we believe that it is a piece of legislation for which the time has come.”
He said the passage of the bill is timely, and also congratulated Minister Manikchand on her efforts, adding, “We cannot have legislation that is intended to transform dramatically the lives of the Guyanese people without consultations.”
He said a strong public education programme will be needed to educate the public about the provisions, and the PNCR agrees with a national task force for the prevention of sexual violence, and the sexual violence unit.
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Alliance for Change (AFC) MP, Ms. Latchmin Budhan-Punalall, similarly supporting the bill, said it is “important and relevant for our people at this time.”
She said, “We need to do our best in Guyana to eradicate sex crimes, especially those of a violent nature,” she underscored.
She said, “Our children of today will be the human resources of tomorrow; therefore, when our children are damaged by becoming victims of sex offenders today, it is not only a problem that affects our society just for today, it has a telling effect on the future of our country as well.”

Guyana Action Party MP, Mr. Everall Franklin, in supporting the bill wholeheartedly, said, “It gives people who are fathers and mothers the comfort that something more will be done to protect their children’s and other children’s interest.”
He said this scourge has in last few years reached horrendous proportions, exhorting, “We cannot allow this to continue.”