Breaking Down Sexual Offences Act
Readers this week may be puzzled by today’s headline. Rape is rape, regardless of who commits the act. Right? The truth is that there are many countries that disagree, and Guyana used to be one of them.
Yes. Currently section 37 (1) of the Sexual Offences Act, Cap 8:03, Laws of Guyana (“the SOA”) states that a marriage or other relationship (such as a common-law relationship), previous or existing, is not a defence to a charge of any offence under the SOA. This provision means that that no man or woman is not immune from charge or prosecution if they commit rape or any sexual offence against their spouse or any person they are or were in a relationship with.
It may shock you to find that there are many Guyanese who disagree with this law, and that there are even countries in the Commonwealth Caribbean in which marriage immunizes, for example, a husband from being charged and tried for rape if he has sex with his wife against her will.