Breaking Down the Sexual Offences Act
Today, I will discuss Section 79 of the Sexual Offences Act, Cap 8:03, Laws of Guyana (“the SOA”), which governs the admissibility of evidence regarding a complainant’s prior sexual activity in criminal matters under the SOA.
What section 79 says about sexual history evidence
Section 79(1) makes it clear that, in cases where the complainant is 16 years of age or older, no evidence of the complainant’s prior sexual activity (whether with the accused or any other person) can be introduced unless the court determines that the evidence meets specific criteria. Only evidence of the sexual activity which is the subject of the criminal proceedings may generally be admitted.
The section therefore applies a general prohibition against the admissibility of such evidence, while providing the exceptional circumstances under which the evidence may be admitted.