Breaking Down Sexual Offences Act
Last week we examined section 38 of the Sexual Offences Act, Chapter 8:03, Laws of Guyana (SOA) which abolished the presumption that boys under 14 years could not be found guilty of rape.
Before that law, boys under 14 years were considered incapable of sexual competence and therefore sexual intercourse. This meant they could not be charged with or tried for rape, even if there was evidence that this happened.
Section 38 cancelled that legal position, meaning that boys under 14 who are accused of non-consensual sexual activity are now treated the same way as any boy who commits any other offence in accordance with the Juvenile Justice Act.