Breaking Down Sexual Offences Act
Today we will break down section 38 of the Sexual Offences Act, Cap 8:03, Laws of Guyana (“SOA”), a provision which abolished the irrebuttable presumption developed decades ago that a boy under 14 years is incapable of sexual competence, and therefore of rape.
Section 38 of the SOA states that “the presumption in criminal law that a male under fourteen years of age is incapable of sexual intercourse is abolished.”
It is important to recall that there are different sources of laws in Guyana. These include: i) legislation passed by the National Assembly, and the ii) common law (decisions of judges which have the status of law). This presumption was created by the English courts, and was followed by the various British colonies, including Guyana by virtue of colonisation.