Ryan Guyandat was on Tuesday acquitted on a charge of causing a man to rape another man; but faces a retrial in relation to another count of the offence, which accuses him of raping the complainant.
Following hours of deliberations, the 12-member jury was unanimous in its acquittal on the allegation leveled against Guyandat for causing a third party to penetrate the virtual complainant (VC).
In accordance with Section 3 (3) of the Sexual Offences Act, Chapter 8:03; one of the ways in which a person commits the offence of rape is by causing a complainant “to engage in sexual penetration with a third person…the complainant does not consent to the penetration; and the accused does not reasonably believe that the complainant consents.”
In relation to Guyandat directly raping the man, however, the panel was unable to arrive at a decision and was hung in a proportion of 8-4.
Presiding Judge, Sandil Kissoon, informed the accused that he had been found not guilty on the second count of rape; but that he would be notified by the Office of the Director of Public Prosecu-tions as to when he will be retried for the other charge.
The State’s case against Guyandat had been that on October 4th, 2020 at approximately 22:00 hours, the VC was on his way home when he was confronted by the accused and two others on a bicycle.
The court had been told that the accused dragged the complainant to an abandoned building where he and another male (under the direction of Guyandat) proceeded to rape the complainant.
Meanwhile, the first count of the offence states that Guyandat on the said night, sexually penetrated the man without his consent.
Guyandat was represented by Attorney-at-Law Tracy Marks; while the State was represented by prosecutors Cicelia Cor-bin, Caressa Henry and Marisa Edwards.
The trial proceedings were held in-camera at the Sexual Offences Court of the High Court in Demerara.