The Sexual Offences Bill, which was passed last month and is expected to be signed into law shortly, makes provisions for several new offences including voyeurism with a proposed maximum penalty of five years if convicted.
The Bill outlines the grounds under which a person (the accused) commits the offence of voyeurism saying among other things that the offence constitutes sexual interest in a person engaged in a private act.
This matter has seen renewed interest in recent days with the police questioning of businessman Peter Ramsaroop in a hidden cameras case.
Section 29 (A) of the bill states that a person commits voyeurism if for the purpose of obtaining sexual gratification, the accused observes another person (the complainant) doing a private act without the express consent of the complainant to being observed for sexual gratification.
The offence is also committed if the accused installs equipment, or constructs or adapts a structure or part of a structure, with the intent of enabling himself or another person to commit the offence as outlined under Section 29 (A) of the Bill.
The legislation also states that voyeurism is committed if the accused operates the equipment with the intention of enabling another person to observe, for the purpose of obtaining sexual gratification, a third person (the complainant), doing a private act without the express content of the complainant to operating with that intention. Further, the offence is committed if the accused records the complainant doing a private act without the intention that the accused or a third person will, for the purpose of obtaining sexual gratification, look at the image of the complainant doing the act “without the express consent of the complainant to record the act with that intention”.
On a summary conviction for voyeurism, an accused is liable to a fine of $500, 000 and imprisonment for two years, but on a conviction on indictment; the imprisonment period is five years.
Sexual reform legislation was unanimously passed in the National Assembly in April, almost three years after countrywide consultations on the laws, which were previously criticised for being archaic and failing to protect victims.
The legislation offers a comprehensive overhaul of the laws and includes a string of new offences that were tabled to expand protection, particularly for children.
The reform is wide-ranging and includes new offences, and at the same time definitively spells out the rights of victims of sexual abuse—raising much needed awareness. It mentions too the establishment of a National Task Force for Prevention of Sexual Violence to address implementation.
