Breaking Down Sexual Offences
Introduction
Following our exploration of sections 24 and 25 of the Sexual Offences Act, Cap 8:03, Laws of Guyana (SOA), we now turn our focus to another critical provision within the same legislative framework: Section 26. This section specifically addresses offences committed by care workers who cause a person with a mental disorder to watch a sexual act or view sexual images. This analysis will dissect the legal nuances of Section 26, emphasising how the law seeks to protect this category of vulnerable individuals from sexual exploitation within care settings.
Section 26(1) of the SOA outlines the offence by detailing the actions that are deemed criminal. Speci-fically, the offence occurs when a care worker, referred to as “the accused,” causes a person with a mental disorder, “the complainant,” to either watch a sexual act or view images depicting sexual activities (section 26 (1) (a)). The conditions under which this is considered an offence include: i) where the accused’s purpose is obtaining sexual gratification; ii) where the accused has knowledge of or is reasonably expected to know of the complainant’s mental disorder (section 26 (1) (b)); and iii) the accused’s involvement in the complainant’s care as defined in Section 27 of the Act (section 16 (1) (c)).