Dear Editor,
There have been reports in the media of crimes committed in Berbice on the weekend of 14 and 15 January, 2017. One media outlet has provided details of an alleged sexual assault and of the victim and another media outlet offered speculation as to whether sexual assault had occurred.
There seems to be no collective effort on the part of the media to respect the rights of survivors of sexual assault.
Section 62 of the Sexual Offences Act 2010 is explicit about anonymity of complainants. It states that:
(1) The publication in any document, or the broadcasting, or transmission in any way, of any information that could identify the complainant or witness to an offence under this Act is prohibited.
(2) This section does not apply in respect of the disclosure of information –
(a) in the course of the administration of justice; or
(b) in the provision of medical services or psychological treatment to the complainant, when it is not the purpose of the disclosure to make the information known in the community.
(3) Every person who publishes in any document, or broadcasts, or transmits in any way, any information that could identify the complainant or a witness contrary to subsection (1) commits an offence and is liable on summary conviction to a fine of two million dollars.
(4) Where a person is charged with an offence under subsection (3) in respect of the publication in any document, or the broadcasting, or transmission in any way, of any information that could identify the complainant or a witness, it shall be a defence, subject to subsection (5), to prove that the publication, broadcast, or transmission in which the matter appeared was one in respect of which the complainant had given written consent.
(5) Written consent is not a defence if it is proved that any person interfered unreasonably with the complainant¹s peace or comfort with intent to obtain the consent.
The media has a role to play in ending rape culture and to report on the injustices which are perpetrated against survivors of sexual assault, and has a duty of care to ensure that they do not become complicit in adding to the injustice.
Yours faithfully,
Vidyaratha Kissoon
Danuta Radzik
Josephine Whitehead
Vanda Radzik
Andaiye
Patricia Sheerattan-Bisnauth
Gaitrie Shivsankar
Editor’s note
The Stabroek News report was free of any suggestion of an alleged sexual assault having occurred.