Today I continue the series with a breakdown of sections 12 and 13 of the Sexual Offences Act, Cap 8:03, Laws of Guyana (the Act).
Section 12 of the Act creates the offence of ‘causing a child under 16 years to watch a sexual act’. This is a ‘triable either way’ offence, which is an offence regarding which the Director of Public Prosecutions (DPP) can choose whether to have the accused tried in the magistrates’ court (a summary trial), or in the high court. The determining factor will likely be the seriousness of the offence, and while all such offences are serious, some can be more heinous than others. A person found guilty of causing a child under 16 to watch a sexual act, if found guilty, will be fined $1 million and imprisoned for five years if tried in the Magistrates’ Court, or, if tried in the High Court, imprisoned for ten years.