Chapter 008:03 - Sexual Offences

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/463-chapter-803-sexual-offences/file

L.R.O. 1/2012

LAWS OF GUYANA
SEXUAL OFFENCES ACT
CHAPTER 8:03
Act
7 of 2010
Amended by

2 of 2013
1 – 102 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
LAWS OF GUYANA
2 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
Note
on
Repeal
This Act repealed ss. 7, 65 to 71 (inclusive), 72, 73 (a), 74, 75, 76, 77, 77A and 83 to
89 (inclusive) of the Criminal Law (Offences) Act Cap. 8:01; s. 31 of the Criminal
Law (Procedure) Act, Cap. 10:01; s. 24 of the Summary Jurisdiction (Offences) Act
Cap. 8:02; s. 82 of the Evidence Act, Cap. 5:03.
Note
on
Revision Date
This Act has been revised up to March 1, 2013.

LAWS OF GUYANA
Sexual Offences Cap. 8:03 3
L.R.O. 1/2012
CHAPTER 8:03
SEXUAL OFFENCES
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
PART II
OFFENCES
3. Rape.
4. Sexual Assault.
5. Consent not inferred.
6. Belief in consent.
7. Evidential presumptions about consent.
8. Conclusive presumptions about consent.
Non Consent Offences: Children and vulnerable adults
9. Non-consent offences.
Child Sex Offences
10. Rape of a child under 16 years.
11. Sexual activity with a child under 16 years.
12. Causing a child under 16 years to watch a sexual act.
13. Meeting a child under 16 years following sexual grooming.
14. Close in age defence: complainant aged 12 to 14.
15. Close in age defence: complainant aged 14 to 16.
16. Sexual activity with a child family member.
17. Family relationships.
18. Sexual activity with a child by abusing a position of trust.

LAWS OF GUYANA
4 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
SECTION
19. Position of trust.
20. Obstructing prosecution.
21. Arranging or facilitating commission of child sex offence.
Vulnerable adults
Sex with adult family member
22. Sex with adult family member.
23. Obtaining sexual activity with a person with a mental disorder by
inducement, threat or deception.
24. Causing a person with a mental disorder to watch a sexual act by
inducement, threat or deception.
25. Care worker engaging in, causing or inciting sexual activity with a
person with a mental disorder.
26. Care worker causing a person with a mental disorder to watch a
sexual act.
27. Interpretation of care worker.
Other Offences
28. Exposure of genitals.
29. Voyeurism.
30. Interpretation of voyeurism.
31. Intercourse with an animal.
Preparatory offences
32. Administering a substance with intent.
33. Committing an offence with intent to commit a sexual offence.
34. Trespass with intent to commit a sexual offence.
35. Offences outside Guyana.
Conspiracy, attempt, incitement, aiding, etc.
36. Punishment of attempt to commit etc. offence against this Act.

LAWS OF GUYANA
Sexual Offences Cap. 8:03 5
L.R.O. 1/2012
SECTION
Supplementary and general
37. Marital and other relationships.
38. Abolition of presumption that male under 14 years incapable of
sexual intercourse.
39. Charge laid under law in force when offence committed.
40. Divestment of authority over child.
PART III
INVESTIGATION
41. Mandatory record and investigation.
42. Confrontation.
PART IV
PROCEDURE AT COURT
Procedure in Paper Committals
43. Paper committals.
44. Sex offences court.
Exclusion of public from hearing
45. Exclusion of public in certain cases.
46. Factors to be taken into account.
47. Persons not excluded.
48. Reasons to be stated.
49. Representations before determination.
50. Public and jury excluded.
51. Passing of sentence in public.
Behaviour and reactions of complaint
52. Behaviour and reactions of complainant.

LAWS OF GUYANA
6 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
SECTION
Special measures
53. Special measures directions.
54. Further provisions about directions.
55. Screening witness from accused.
56. Evidence by audio visual link.
57. Removal of gowns.
58. Examination of witness through intermediary.
59. Use of anatomically correct dolls.
60. Status of evidence given under special measures direction.
Presentation of complainant's views and concerns
61. Opportunity for presentation of complainant's views and concerns.
Anonymity for the complainant
62. Anonymity for complainant in press reporting.
63. Anonymity for the complainant in Court.
PART V
EVIDENCE
Competence of witness and capacity to be sworn
64. Competence of witness to give evidence.
65. Determining competence of witness.
66. Determining whether witness to be sworn.
67. Reception of unsworn evidence.
68. Penalty for giving false unsworn evidence.
69. Corroboration.
70. Compellability.

LAWS OF GUYANA
Sexual Offences Cap. 8:03 7
L.R.O. 1/2012
SECTION
71. Warning to jury.
72. Recent complaint.
73. Statement of child admissible where no oral testimony.
74. Admissibility of child's statement.
75. Statements in documents that appear to have been prepared for the
purposes of criminal proceedings or investigations.
76. No conviction on statement alone.
77. Evidence of sexual activity where complainant under 16 years.
78. Evidence of sexual activity, reputation, inferences.
79. Evidence of sexual activity in general.
80. Previous allegations of sexual offences.
PART VI
BAIL
81. Factors to be taken into account.
82. Bail for sexual offences.
83. Conditions of bail.
84. Complainant to be notified if accused released on bail.
PART VII
SENTENCING
85. Orders following conviction.
PART VIII
MEDICAL CARE AND SUPPORT FOR VICTIM
86. Health worker to report child's sexual abuse.
PART IX
PREVENTION
87. National Task Force for Prevention of Sexual Offences.
88. Sexual Violence Unit.
89. Data.
90. Public awareness.
91. Education and training.
Previous consistent statements
LAWS OF GUYANA
8 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
SECTION
PART X
MISCELLANEOUS
92. Rules of court and regulations.
93. Laws to be applied.
94. Law inconsistent or in conflict with this Act.
95. Repeal and savings.
FIRST SCHEDULE: Paper Committals for Sexual Offences
SECOND SCHEDULE: Part One - Procedure for applying to admit evidence
of sexual activity where complainant over
16 years of age.
Part Two - Procedure for applying to admit evidence
of sexual activity where complainant
under 16 years of age.
__________________________
CHAPTER 8:03
SEXUAL OFFENCES
7 of 2010 An Act to reform and consolidate the laws relating to sexual
offences and to provide for related matters.
[25TH MAY 2010]
Short title.

Interpretation.
PART I
PRELIMINARY
1. This Act may be cited as the Sexual Offences Act.
2. In this Act –
“accused” includes a defendant;
LAWS OF GUYANA
Sexual Offences Cap. 8:03 9
L.R.O. 1/2012
“child” means a person under eighteen years of age;
“consent” means words or overt actions by a person who is
competent to give informed consent indicating a
freely given agreement to have sexual intercourse or
other sexual contact;
“HIV” means the Human Immuno-deficiency Virus;
“image” means a moving or still image and includes an image
produced by any means and, where the context
permits, a three-dimensional image and references to
an image of a person include references to an image of
an imaginary person and references to observation
(however expressed) are to observation whether
direct or by looking at an image;
“learning disability” means a state of arrested or incomplete
development of the mind which includes significant
impairment of intelligence and social functioning;
dependence on alcohol or drugs is not considered to
be a disorder or disability of the mind;
“mental disorder” means any disorder or disability of the
mind, including learning disability;
“penetration” means any intrusion, however slight and for
however short a time, of any part of a person's body
or of any object into the vagina or anus of another
person, and any contact, however slight, and for
however short a time, between the mouth of one
person and the genitals or anus of another, including
but not limited to sexual intercourse, cunnilingus,
fellatio, anal intercourse and female to female genital
contact; and –
(i) where the penetration is by the penis,
the emission of seminal fluid is not
LAWS OF GUYANA
10 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
necessary to prove the penetration;
(ii) penetration is a continuing act from
entry to withdrawal;
“proceedings” includes –
(i) any proceeding relating to bail;
(ii) a paper committal;
(iii) where a person has previously been
remanded in custody, any subsequent
proceeding with respect to the
remand of the person in custody for
the same offence;
(iv) any interlocutory proceeding held in
connection with any criminal
proceeding;
(v) any civil action or proceeding in
the High Court;
(vi) a trial or hearing of the charge;
(vii) a trial or a hearing of an appeal;
“sexual” includes penetration, touching or any other activity
if a reasonable person would consider that –
(i) whatever its circumstances or any
person's purpose in relation to it, it is
because of its nature sexual; or
(ii) because of its nature it may be sexual
and because of its circumstances or
the purpose of any person in relation
to it (or both) it is sexual;
LAWS OF GUYANA
Sexual Offences Cap. 8:03 11
L.R.O. 1/2012

Rape.
“sexual activity” includes touching;
“touching” includes touching –
(i) with any part of the body, which
includes a part surgically constructed
(in particular, through gender
reassignment surgery);
(ii) with anything else;
(iii) through anything;
“vagina” includes vulva, meaning the region of the external
genital organs of the female and in relation to an
animal, references to the vagina or anus include
references to any similar part.
PART II
OFFENCES
3. (1) A person ("the accused") commits the offence
of rape if –
(a) the accused –
(i) engages in sexual penetration
with another person ( “the
complainant”); or
(ii) causes the complainant to
engage in sexual penetration
with a third person;
(b) the complainant does not consent to
the penetration; and
(c) the accused does not reasonably
LAWS OF GUYANA
12 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
Sexual assault.
[2 of 2013]
believe that the complainant consents.
(2) Sections 7 and 8 (relating to presumptions
about consent) apply to an offence under this section.
(3) A person who commits the offence of rape is
liable, on conviction on indictment, to imprisonment for life.
4. (1) A person ("the accused") commits the offence
of sexual assault if –
(a) the accused –
(i) touches another person (“the
complainant” ) in a sexual way;
(ii) causes the complainant to
touch the accused in a sexual
way;
(iii) causes the complainant to
touch a third party in a sexual
way; or
(iv) otherwise indecently assaults
the complainant within the
meaning of any other law;
(b) the complainant does not consent to
the touching or the act which would
constitute sexual assault; and
(c) the accused does not reasonably
believe that the complainant consents.
(2) Sections 7 and 8 (relating to presumptions as to
consent) apply to an offence under this section.
(3) A person who commits an offence under
subsection (1) is liable, on summary conviction, to
LAWS OF GUYANA
Sexual Offences Cap. 8:03 13
L.R.O. 1/2012

Consent not
inferred.

Belief in
consent.

Evidential
presumptions
imprisonment for five years and on conviction on indictment,
to imprisonment for ten years.
5. Consent and belief in consent cannot be inferred
by –
(a) reason of silence or lack of physical
resistance on the part of the
complainant; or
(b) reason of sexual arousal including
orgasm and ejaculation.
6. (1) Where a defence of belief in consent is raised
to the offence of rape or sexual assault, the belief must be
objectively reasonable.
(2) Whether a belief is reasonable is to be
determined having regard to all the circumstances, including
any steps the accused has taken to ascertain whether the
complainant or the third person consents.
(3) It is not a defence to a charge of rape that the
accused reasonably believed that the complainant consented
to the sexual activity that forms the subject matter of the
charge, where –
(a) the belief of the accused arose from
the self-induced intoxication or
reckless or wilful blindness of the
accused; or
(b) the accused did not take reasonable
steps, in the circumstances known to
the accused at the time, to ascertain
that the complainant was consenting.
7. (1) If in any proceedings for an offence under
section 3 or 4 it is proved that –
LAWS OF GUYANA
14 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
about consent.
(a) the accused did the sexual activity;
(b) any of the circumstances specified in
subsection (2) existed; and
(c) the accused knew that those
circumstances existed,
the complainant is to be taken not to have consented to the
sexual activity unless prima facie evidence is adduced to raise
an issue as to whether the complainant consented, and the
accused is to be taken not to have reasonably believed that the
complainant consented unless prima facie evidence is adduced
to raise an issue as to whether the accused reasonably
believed it.
(2) The circumstances referred to in subsection (1)
are that –
(a) any person was, at the time of the
sexual activity or immediately before
it began, using violence against the
complainant or causing the
complainant to fear that immediate
violence would be used against the
complainant;
(b) any person was, at the time of the
sexual activity or immediately before
it began, causing the complainant to
fear that violence was being used, or
that immediate violence would be
used, against another person;
(c) the complainant was, and the accused
was not, unlawfully detained at the
time of the sexual activity;

LAWS OF GUYANA
Sexual Offences Cap. 8:03 15
L.R.O. 1/2012
(d) any person had administered to or
caused to be taken by the
complainant, without the
complainant's consent, a substance
which, having regard to when it was
administered or taken, was capable of
causing or enabling the complainant
to be stupefied or overpowered at the
time of the sexual activity;
(e) the presence of more than one person
at the time of the sexual activity was
used to intimidate the complainant;
(f) the complainant was asleep or
otherwise unconscious at the time of
the sexual activity;
(g) because of the complainant's physical
disability, the complainant would not
have been able at the time of the
sexual activity to communicate to the
accused whether the complainant
consented;
(h) (i) the complainant was, at the
time of the sexual activity,
unable to refuse because of or
for a reason related to a mental
disorder, and the accused
knew or could reasonably have
been expected to know this;
(ii) for the purposes of this
subsection, the complainant
was unable to refuse if the
complainant lacks the capacity
to choose whether to agree to
the sexual activity (whether
LAWS OF GUYANA
16 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
because the complainant lacks
sufficient understanding of the
nature or reasonably
foreseeable consequences of
what is being done, or for any
other reason), or the
complainant is unable to
communicate such a choice to
the accused;
(i) the complainant was otherwise
incapable of consenting to the sexual
activity at the time of the sexual
activity;
(j) agreement was expressed by the
words or conduct of a person other
than the complainant;
(k) abuse of a position of power or
authority to the extent that the
complainant could not resist at the
time of the sexual activity;
(l) the complainant expressed at the time
of the sexual activity a lack of
agreement to engage in the sexual
activity;
(m) the complainant, having consented to
engage in the sexual activity,
expressed, by words or conduct at the
time of the sexual activity, a lack of
agreement to continue to engage in
the sexual activity.
(3) In subsection (2)(a) and (b), the reference to the
time immediately before the sexual activity began is, in the
case of an act which is one of a continuous series of sexual
LAWS OF GUYANA
Sexual Offences Cap. 8:03 17
L.R.O. 1/2012
Conclusive
presumption
about consent.

Non-consent
offences.

activities, a reference to the time immediately before the first
sexual activity began.
8. (1) If in any proceedings for an offence under
section 3 or 4 it is proved that the accused did the sexual
activity and that any of the circumstances specified in
subsection (2) existed, it is to be conclusively presumed that –
(a) the complainant did not consent to
the sexual activity; and
(b) the accused did not believe that the
complainant consented to the sexual
activity.
(2) The circumstances referred to in subsection (1)
are that –
(a) the accused deceived the
complainant as to the nature or
purpose of the sexual activity;
(b) the accused induced the complainant
to consent to the sexual activity by
impersonating a person known
personally to the complainant.
Non-consent offences: children and vulnerable adults
9. For offences under sections 10 to 26, unless
expressly stated in any of the offences, it is not necessary for
the prosecution to prove that the complainant did not
consent, and belief in consent (whether reasonable or not) is
not a defence.

LAWS OF GUYANA
18 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
Rape of a child
under 16 years.

Sexual activity
with a child
under 16 years.
Child Sex Offences
10. (1) A person ("the accused") commits the offence
of rape of a child under sixteen years of age (“the
complainant”) if the accused –
(a) engages in sexual penetration with
the complainant; or
(b) causes the complainant to engage in
sexual penetration with a third party.
(2) It is irrelevant whether at the time of the
penetration the accused believed the complainant to be
sixteen years of age or over.
(3) A person who commits an offence under
subsection (1) is liable on conviction on indictment to
imprisonment for life.
11. (1) A person (“the accused”) commits the offence
of sexual activity with a child under sixteen years of age if the
accused –
(a) engages in a sexual activity (not
including sexual penetration) with a
child who is under sixteen years of
age ("the complainant");
(b) causes or incites the complainant to
engage in a sexual activity with a
third party; or
(c) causes the complainant to perform a
sexual act including causing the
complainant to masturbate.
(2) It is irrelevant whether at the time of the
activity the accused believed the complainant to be sixteen
LAWS OF GUYANA
Sexual Offences Cap. 8:03 19
L.R.O. 1/2012

Causing a child
under 16 years
to watch a
sexual act.

years of age or over.
(3) A person who commits an offence under
subsection (1) is liable on summary conviction to
imprisonment for five years and on conviction on indictment
to imprisonment for ten years.
12. (1) A person (“the accused”) commits the offence
of causing a child to watch a sexual act if the accused causes a
person, who is under sixteen years of age (“the
complainant”), to watch the accused sexual or a third person
engaging in a sexual activity or to look at an image of a
person engaging in a sexual activity.
(2) A person who commits an offence under
subsection (1) is liable on summary conviction, to a fine of one
million dollars and to imprisonment for five years and on
conviction on indictment, to imprisonment for ten years.
(3) A person (“the accused”) is not guilty of an
offence under this section, if the accused acts for the purpose
of –
(a) protecting the complainant from a
sexually transmitted infection;
(b) protecting the physical safety of the
complainant;
(c) preventing the complainant from
becoming pregnant; or
(d) promoting the complainant's
emotional well-being by the giving of
advice
and not for the purpose of obtaining sexual gratification or for
the purpose of causing or encouraging the activity
constituting the offence or the complainant's participation in
it.
LAWS OF GUYANA
20 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
Meeting a child
under 16 years
following
sexual
grooming.
13. (1) A person eighteen years of age or over (“the
accused”) commits the offence of meeting a child following
sexual grooming if –
(a) having met or communicated with
another person (“the complainant”)
on at least two earlier occasions, the
accused –
(i) meets the complainant; or
(ii) travels with the intention of
meeting the complainant in any
part of the world;
(b) at the time, the accused intends to do
anything to or in respect of the
complainant, during or after the
meeting and in any part of the world,
which if done will involve the
commission by the accused of an
offence under this Act; and
(c) the complainant is under sixteen
years of age and the accused does not
reasonably believe that the
complainant is sixteen years of age or
over.
(2) In subsection (l)(a) the reference to the accused
having met or communicated with the complainant is a
reference to the accused having met the complainant in any
part of the world or having communicated with the
complainant by any means from, to or in any part of the
world.
(3) A person who commits an offence under this
section is liable –
LAWS OF GUYANA
Sexual Offences Cap. 8:03 21
L.R.O. 1/2012

Close in age
defence:
complaint
age 12 to 14.

Close in age
defence:
complainant
age 14 to 16.
(a) on summary conviction, to a fine of
one million dollars and to
imprisonment for five years;
(b) on conviction on indictment, to
imprisonment for ten years.
14. Where an accused is charged with an offence
under sections 10, 11, 12 or 13 in respect of a complainant
who is twelve years of age or over but under fourteen years of
age, it is a defence that the complainant consented to the
activity that forms the subject-matter of the charge if the
accused –
(a) is less than two years older than the
complainant; and
(b) is not in a position of trust or
authority towards the complainant
within the meaning of section 19, is
not a person with whom the
complainant is in a relationship of
dependency and is not in a
relationship with the complainant that
is exploitative of the complainant.
15. Where an accused is charged with an offence
under sections 10, 11, 12 or 13 in respect of a complainant
who is fourteen years of age or over but under sixteen years
of age, it is a defence that the complainant consented to the
activity that forms the subject-matter of the charge if the
accused –
(a) is less than four years older than the
complainant; and
(b) is not in a position of trust or
authority towards the complainant
LAWS OF GUYANA
22 Cap. 8:03 Sexual Offences
L.R.O. 1/2012


Sexual activity
with a child
family
member.
within the meaning of section 19, is
not a person with whom the
complainant is in a relationship of
dependency and is not in a
relationship with the complainant that
is exploitative of the complainant.
16. (1) A person (“the accused”) commits the offence
of sexual activity with a child family member (“the
complainant”) if –
(a) the accused –
(i) engages in sexual activity with
the complainant;
(ii) causes the complainant to
engage in sexual activity with a
third party; or
(iii) causes the complainant to
perform sexual acts including
causing the complainant to
masturbate;
(b) the relation of the accused to the
complainant is a family relation
within section 17 and the accused
knew or could reasonably have been
expected to know that the relation of
the accused to the complainant was a
family relation within that section;
and
(c) the complainant is under eighteen
years of age.
(2) Where in proceedings for an offence under this
section it is proved that the relation of the accused to the
complainant was a family relation within section 17, it is to be
taken that the accused knew or could reasonably have been
LAWS OF GUYANA
Sexual Offences Cap. 8:03 23
L.R.O. 1/2012
expected to know that the relation of the accused to the
complainant was a family relation unless prima facie evidence
is adduced to raise an issue as to whether the accused knew
or could reasonably have been expected to know that it was.
(3) A person who commits an offence under this
section is liable –
(a) where the sexual activity included
sexual penetration, on conviction on
indictment to imprisonment for life;
(b) in any other case –
(i) on summary conviction, to a fine of
one million dollars and to
imprisonment for five years;
(ii) on conviction on indictment, to
imprisonment for fourteen years.
(4) A person (“the accused”) does not commit an
offence under this section if –
(a) at the time the complainant is
eighteen years of age or over and the
accused and the complainant are
lawfully married; or
(b) the relationship of the accused to the
complainant is not a family
relationship within section 17 and
immediately before the relationship
first became a relationship within
section 17, a sexual relationship
existed between them.
(5) Subsection (4) (b) does not apply if at the time
referred to in that subsection a sexual relationship between
LAWS OF GUYANA
24 Cap. 8:03 Sexual Offences
L.R.O. 1/2012

Family
relationships.
the accused and the complainant would have been unlawful.
(6) In proceedings for an offence under this
section it is for the accused to prove the matters mentioned in
subsection (4) (a) and (b).
17. (1) For the purposes of section 16, the relation of
one person (“the accused”) to another (“the complainant”) is
a family relation where –
(a) one of them is the other's parent,
grandparent, brother, sister, half-
brother, half-sister, aunt or uncle, or
the accused is or has been the
complainant’s foster parent.
(b) the accused and the complainant live
or have lived in the same household,
or the accused is or has been regularly
involved in caring for, training,
supervising or being in sole charge of
the complainant, and –
(i) one of them is or has been the
other's step-parent (whether
through legal marriage or
cohabitation);
(ii) the accused and the
complainant are cousins;
(iii) one of them is or has been the
other's stepbrother or
stepsister, or
(iv) the parent or present or former
foster parent of one of them is
or has been the other's foster
parent;
LAWS OF GUYANA
Sexual Offences Cap. 8:03 25
L.R.O. 1/2012


Sexual activity
with a child by
abusing
position of
trust.
(c) the accused and the complainant live
in the same household, and the
accused is regularly involved in
caring for, training, supervising or
being in sole charge of the
complainant.
(2) For the purposes of this section –
(a) “aunt” means the sister or half-sister
of a person's parent, and "uncle" has a
corresponding meaning;
(b) “cousin” means the child of an aunt
or uncle;
(c) a person is a child's foster parent if so
deemed under any law, deed,
agreement, arrangement or court
order.
(d) “stepbrother” and “stepsister”
include the child of any step-parent.
Abuse of position of trust: sexual activity with a child
18. (1) A person ("the accused") commits the offence
of sexual activity with a child under eighteen years of age by
abusing a position of trust in relation to that child ("the
complainant") if –
(a) the accused –
(i) engages in sexual activity with
the complainant;
(ii) causes the complainant to
engage in sexual activity with a
LAWS OF GUYANA
26 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
third party; or
(iii) causes the complainant to
perform sexual acts including
causing the complainant to
masturbate;
(b) the accused is in a position of trust in
relation to the complainant by virtue
of circumstances within section 19 (1)
(a), (b) or (c), and is not in a position
of trust by virtue of other
circumstances; and
(c) the accused knows or could
reasonably be expected to know of the
circumstances by virtue of which the
accused is in a position of trust in
relation to the complainant.
(2) Where in proceedings for an offence under this
section it is proved that the accused was in a position of trust
in relation to the complainant by virtue of circumstances
within section 19 (1) (a), (b) or (c), and it is not proved that
the accused was in a position of trust by virtue of other
circumstances, it is to be taken that the accused knew or could
reasonably have been expected to know of the circumstances
by virtue of which the accused was in such a position of trust
unless prima facie evidence is adduced to raise an issue as to
whether the accused knew or could reasonably have been
expected to know of those circumstances.
(3) A person who commits an offence under this
section is liable –
(a) where the sexual activity included
sexual penetration, on conviction on
indictment to imprisonment for life;

LAWS OF GUYANA
Sexual Offences Cap. 8:03 27
L.R.O. 1/2012

Position of
trust.
(b) in any other case –
(i) on summary conviction, to a fine of
one million dollars and to
imprisonment for five years;
(ii) on conviction on indictment, to
imprisonment for ten years.
(4) A person (“the accused”) does not commit an
offence under this section if –
(a) at the time the complainant is sixteen
years of age or over and the accused
and the complainant are lawfully
married; or
(b) immediately before the accused
entered into a position of trust with
the complainant, a sexual relationship
existed between them.
(5) Subsection (4) (b) does not apply if at the time
referred to in that subsection sexual intercourse between the
accused and the complainant would have been unlawful.
(6) In proceedings for an offence under this
section it is for the accused to prove the matters mentioned in
subsections (4) (a) and (b).
19. (1) For the purposes of sections 14, 15 and 18, the
positions of trust in relation to the accused and the
complainant include, where –
(a) the accused looks after persons,
including the complainant, detained
in an institution by virtue of a Court
order or under any law;
LAWS OF GUYANA
28 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
(b) the accused looks after persons,
including the complainant, who are
accommodated and cared for in one
of the following institutions –
(i) a hospital;
(ii) an independent clinic;
(iii) a care home, residential care
home or private hospital; or
(iv) a community home, voluntary
home, children's home or
orphanage;
(c) the accused looks after persons who
are receiving education at an
educational institution (whether in
the role of teacher or in another role)
and the complainant is receiving, and
the accused is not receiving,
education at that institution;
(d) the accused is the guardian of the
complainant;
(e) the accused is not appointed to be
guardian of the complainant but is the
legal or reputed husband or wife of
one of the complainant's parents or
guardians;
(f) the complainant is in vocational
training and the accused looks after
the complainant on an individual
basis; or

LAWS OF GUYANA
Sexual Offences Cap. 8:03 29
L.R.O. 1/2012

Obstructing
prosecution.
(g) the accused is a social worker,
probation officer, coach, instructor,
minister of religion, babysitter, child-
minder or has a welfare position in
relation to the complainant, and has
regular unsupervised contact with the
complainant.
(2) For the purposes of subsection (1) –
(a) the accused looks after persons under
eighteen years of age if the accused is
regularly involved in caring for,
training, supervising or being in sole
charge of such persons;
(b) the accused looks after the
complainant on an individual basis if

(i) the accused is regularly involved in
caring for, training or supervising
the complainant; and
(ii) in the course of the involvement,
the accused regularly has
unsupervised contact with the
complainant (whether face to face
or by any other means).
20. (1) In proceedings relating to an offence under
this Act, a person commits the offence of obstructing the
prosecution if that person prevents a child from –
(a) giving a statement to the police;
(b) giving evidence in any other way
which would be admissible for the
paper committal; or

LAWS OF GUYANA
30 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
Arranging or
facilitating the
commission of
child sex
offence.
(c) testifying.
(2) A person who commits an offence under
subsection (1) is liable on summary conviction to a fine of one
million dollars and to imprisonment for five years.
21. (1) A person (“the accused”) commits the offence
of arranging or facilitating the commission of a child sex
offence if the accused intentionally arranges or facilitates
something that the accused intends to do, intends another
person to do, or believes that another person will do, in any
part of the world, and doing it will involve the commission of
an offence under section 10, 11, 12, 13, 16 or 18.
(2) A person (“the accused”) does not commit an
offence under this section if –
(a) the accused arranges or facilitates
something that the accused believes
another person will do, but that the
accused does not intend to do or
intend another person to do; and
(b) any offence within subsection (1)
would be an offence against a child
for whose protection the accused acts.
(3) For the purposes of subsection (2), a person
acts for the protection of a child if the person acts for the
purpose of –
(a) protecting the child from sexually
transmitted infection;
(b) protecting the physical safety of the
child;
(c) preventing the child from becoming
pregnant; or
LAWS OF GUYANA
Sexual Offences Cap. 8:03 31
L.R.O. 1/2012


Sex with
adult family
member.
(d) promoting the child's emotional well-
being by the giving of advice, or any
educational activity,
and not for the purpose of obtaining sexual gratification or for
the purpose of causing or encouraging the activity
constituting the offence within subsection (1) or the child's
participation in it.
(4) A person who commits an offence under this
section is liable –
(a) on summary conviction, to a fine of
one million dollars and to
imprisonment for five years;
(b) on conviction on indictment to
imprisonment for ten years.
Vulnerable Adults: Sex with adult family member
22. (1) A person (“the accused”) sixteen years of age
or over commits the offence of sex with an adult family
member if the accused –
(a) engages in sexual penetration with
another person ("the complainant")
who is eighteen years of age or over;
(b) is related to the complainant as
parent, grandparent, child,
grandchild, brother, sister, half
brother, half sister, uncle, aunt,
nephew or niece; and

(c) knew or could reasonably be expected
to have known that the accused was
related to the complainant in a
LAWS OF GUYANA
32 Cap. 8:03 Sexual Offences
L.R.O. 1/2012

Obtaining
sexual activity
with a person
with a mental
disorder by
inducement,
threat or
deception.
manner specified in paragraph (b).
(2) Where in proceedings for an offence under this
section it is proved that the accused was related to the
complainant in any manner specified in subsection (1) (b), it is
to be taken that the accused knew or could reasonably have
been expected to know of the relationship between them
unless prima facie evidence is adduced to raise an issue as to
whether the accused knew or could reasonably have been
expected to know of the relationship.
(3) A person who commits an offence under this
section is liable –
(a) on summary conviction, to a fine of
five hundred thousand dollars and to
imprisonment for two years;
(b) on conviction on indictment, to
imprisonment for five years.
Obtaining sexual activity by inducement, threat, deception
23. (1) A person (“the accused”) commits the offence
of obtaining sexual activity with a person with a mental
disorder by inducement, threat or deception if –
(a) with the agreement of another person
("the complainant"), the accused –
(i) engages in sexual activity with
the complainant;
(ii) causes or incites the
complainant to engage in
sexual activity with a third
party; or

LAWS OF GUYANA
Sexual Offences Cap. 8:03 33
L.R.O. 1/2012

Causing a
person with a
mental
disorder to
watch a sexual
act by
inducement,
threat or
deception.
(iii) causes the complainant to
perform sexual acts including
but not limited to causing the
complainant to masturbate;
(b) the accused obtains the complainant's
agreement by means of an
inducement offered or given, a threat
made or a deception practised by the
accused for that purpose; and
(c) the complainant has a mental disorder
and the accused knows or could
reasonably be expected to know that
the complainant has a mental
disorder.
(2) A person who commits an offence under this
section, if sexual activity involved sexual penetration is liable,
on conviction on indictment, to imprisonment for life.
(3) Unless subsection (2) applies, a person guilty
of an offence under this section is liable on summary
conviction to a fine of one million dollars and to
imprisonment for five years, and on conviction on indictment
to imprisonment for fourteen years.
24. (1) A person (“the accused”) commits the offence
of causing a person with a mental disorder to watch a sexual
act or to look at an image of a person engaging in a sexual
activity if –
(a) with the agreement of another person
(“the complainant”), the accused
causes the complainant to watch a
third person engage in a sexual
activity, or to look at an image of any
person engaging in a sexual activity;
(b) the complainant agrees to watch or
LAWS OF GUYANA
34 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
look because of an inducement
offered or given, a threat made or a
deception practised by the accused for
the purpose of obtaining that
agreement; and
(c) the complainant has a mental disorder
and the accused knows or could
reasonably be expected to know that
the complainant has a mental
disorder.
(2) A person who commits an offence under this
section is liable on summary conviction to a fine of one
million dollars and to imprisonment for five years and on
conviction on indictment to imprisonment for ten years.
(3) A person (“the accused”) is not guilty of an
offence under this section, if the accused acts for the purpose
of –
(a) protecting the complainant from a
sexually transmitted infection;
(b) protecting the physical safety of the
complainant;
(c) preventing the complainant from
becoming pregnant; or
(d) promoting the complainant's
emotional well-being by the giving of
advice,
and not for the purpose of obtaining sexual gratification or for
the purpose of causing or encouraging the activity
constituting the offence or the complainant's participation in
it.

LAWS OF GUYANA
Sexual Offences Cap. 8:03 35
L.R.O. 1/2012

are worker
engaging in,
causing or
inciting sexual
activity with a
person with a
mental
disorder.
Care workers for persons with a mental disorder
25. (1) A person ("the accused") who is a care worker,
commits the offence of a care worker engaging in, causing or
inciting sexual activity with a person ("the complainant") if –
(a) the accused –
(i) engages in sexual activity with
the complainant;
(ii) causes or incites the
complainant to engage in
sexual activity with a third
party; or
(iii) causes or incites the
complainant to perform sexual
acts including but not limited
to causing the complainant to
masturbate;
(b) the complainant has a mental disorder
and the accused knows or could
reasonably be expected to know that
the complainant has a mental
disorder; and
(c) the accused is involved in the
complainant's care in a way that falls
within section 27.
(2) Where in proceedings for an offence under this
section it is proved that the complainant had a mental
disorder, it is to be taken that the accused knew or could
reasonably have been expected to know that the complainant
had a mental disorder unless prima facie evidence is adduced
to raise an issue as to whether the accused knew or could
reasonably have been expected to know it.
LAWS OF GUYANA
36 Cap. 8:03 Sexual Offences
L.R.O. 1/2012

(3) A person who commits an offence under this
section, if the sexual activity involved sexual penetration, is
liable, on conviction on indictment, to imprisonment for life.
(4) Unless subsection (3) applies, a person guilty
of an offence under this section is liable –
(a) on summary conviction, to a fine of
one million dollars and to
imprisonment for five years;
(b) on conviction on indictment, to
imprisonment for ten years.
(5) A person (“the accused”) does not commit an
offence under this section if –
(a) at the time the complainant is
eighteen years of age or over, and the
accused and the complainant are
lawfully married; or
(b) immediately before the accused
became involved in the complainant's
care in a way that falls within section
27, a sexual relationship existed
between the accused and the
complainant.
(6) Subsection (5) (b) does not apply if at that time
sexual intercourse between the accused and the complainant
would have been unlawful.
(7) In proceedings for an offence under this
section it is for the accused to prove the matters mentioned in
subsection (5) (a) and (b).

LAWS OF GUYANA
Sexual Offences Cap. 8:03 37
L.R.O. 1/2012
Care worker
causing a
person with a
mental
disorder to
watch a sexual
act.
26. (1) A person ("the accused") commits the offence
of a care worker causing a person with a mental disorder to
watch a sexual act or to look at an image of any person
engaging in a sexual activity if –
(a) for the purpose of obtaining sexual
gratification, the accused causes
another person ("the complainant"),
to watch a third person engaging in a
sexual activity or to look at an image
of any person engaging in a sexual
activity;
(b) the complainant has a mental disorder
and the accused knows or could
reasonably be expected to know that
the complainant has a mental
disorder; and
(c) the accused is involved in the
complainant's care in a way that falls
within section 27.
(2) Where in proceedings for an offence under this
section it is proved that the complainant had a mental
disorder, it is to be taken that the accused knew or could
reasonably have been expected to know that the complainant
had a mental disorder unless prima facie evidence is adduced
to raise an issue as to whether the accused knew or could
reasonably have been expected to know it.
(3) A person who commits an offence under this
section is liable –
(a) on summary conviction, to a fine of
one million dollars and to
imprisonment for five years;
(b) on conviction on indictment, to
LAWS OF GUYANA
38 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
imprisonment for ten years.
(4) A person (“the accused”) does not commit an
offence under this section if –
(a) at the time the complainant is
eighteen years of age or over, and the
accused and the complainant are
lawfully married;
(b) immediately before the accused
became involved in the complainant's
care in a way that falls within section
27, a sexual relationship existed
between the accused and the
complainant; or
(c) the accused acts for the purpose of –
(i) protecting the complainant
from a sexually transmitted
infection;
(ii) protecting the physical safety of
the complainant;
(iii) preventing the complainant
from becoming pregnant; or
(iv) promoting the complainant's
emotional wellbeing by the
giving of advice,
and not for the purpose of obtaining
sexual gratification or for the purpose
of causing or encouraging the activity
constituting the offence or the
complainant's participation in it.

LAWS OF GUYANA
Sexual Offences Cap. 8:03 39
L.R.O. 1/2012

Interpretation
of care worker.
(5) Subsection (4) (b) does not apply if at that time
sexual intercourse between the accused and the complainant
would have been unlawful.
(6) In proceedings for an offence under this
section it is for the accused to prove the matters mentioned in
subsection (4) (a) and (b).
27. For the purposes of sections 25 and 26, a person
(“the accused”) is involved in the care of another person (“the
complainant”) in a way that falls within this section if any of
the following paragraphs apply –
(a) (i) the complainant is
accommodated and cared for
in a care home, community
home, voluntary home or
children's home; and
(i) the accused has functions to
perform in the home in the
course of employment which
have brought the accused or are
likely to bring the accused into
regular face to face contact with
the complainant.
(b) if the complainant is a patient for
whom services are provided –
(i) by a public health body or an
independent medical agency;
or
(ii) in an independent clinic or an
independent hospital,
and the accused has functions to
LAWS OF GUYANA
40 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
Exposure of the
genitals.

Voyeurism.
perform for the body or agency or in
the clinic or hospital in the course of
employment which have brought the
accused or are likely to bring the
accused into regular face to face
contact with the complainant;
(c) if the accused is, whether or not in the
course of employment, a provider of
care, assistance or services to the
complainant in connection with the
complainant's mental disorder, and as
such, has had or is likely to have
regular face to face contact with the
complainant.
Other offences
28. (1) A person (“the accused”) commits the offence
of exposure of the genitals if the accused –
(a) intentionally exposes the genitals of
the accused; and
(b) intends that someone will see the
genitals of the accused and be caused
alarm or distress.
(2) A person who commits an offence under this
section is liable –
(a) on summary conviction, to a fine of
five hundred thousand dollars and to
imprisonment for two years;
(b) on conviction on indictment, to
imprisonment for five years.
29. (1) A person (“the accused”) commits the offence
LAWS OF GUYANA
Sexual Offences Cap. 8:03 41
L.R.O. 1/2012
of voyeurism if –
(a) for the purpose of obtaining sexual
gratification, the accused observes
another person (“the complainant”)
doing a private act without the
express consent of the complainant to
being observed for sexual
gratification;
(b) the accused installs equipment, or
constructs or adapts a structure or
part of a structure, with the intention
of enabling himself or another person
to commit an offence under
paragraph (a);
(c) the accused operates equipment with
the intention of enabling another
person to observe, for the purpose of
obtaining sexual gratification, a third
person (“the complainant”) doing a
private act without the express
consent of the complainant to
operating equipment with that
intention; or
(d) the accused records another person
(“the complainant”) doing a private
act with the intention that the accused
or a third person will, for the purpose
of obtaining sexual gratification, look
at an image of the complainant doing
the act without the express consent of
the complainant to record the act with
that intention.
(2) A person who commits an offence under this
section is liable –
LAWS OF GUYANA
42 Cap. 8:03 Sexual Offences
L.R.O. 1/2012

Interpretation
of voyeurism.

Intercourse
with an
animal.
(a) on summary conviction, to a fine of
five hundred thousand dollars and to
imprisonment for two years;
(b) on conviction on indictment, to
imprisonment for five years.
30. (1) For the purposes of section 29, a person is
doing a private act if the person is in a place which, in the
circumstances, would reasonably be expected to provide
privacy, and –
(a) the person's genitals, buttocks
or breasts are exposed or
covered only with underwear;
(b) the person is using a lavatory;
or
(c) the person is doing a sexual act
that is not of a kind ordinarily
done in public.
(2) In section 29, "structure" includes a tent,
vehicle or vessel or other temporary or movable structure.
31. (1) A person commits the offence of intercourse
with an animal if he, with his penis penetrates the vagina or
anus of a living animal, and he knows that, or is reckless as to
whether, it is the vagina or anus of a living animal that is
penetrated.
(2) A person commits an offence of intercourse
with an animal if she causes, or allows, her vagina or anus to
be penetrated by the penis of a living animal, and she knows
that, or is reckless as to whether, it is the penis of an animal
she is being penetrated by.

LAWS OF GUYANA
Sexual Offences Cap. 8:03 43
L.R.O. 1/2012

Administering
a substance
with intent.

Committing
an offence
with intent to
commit a
(3) A person who commits an offence under this
section is liable –
(a) on summary conviction, to a fine of
one million dollars and to
imprisonment for two years;
(b) on conviction on indictment, to
imprisonment for five years.
Preparatory offences
32. (1) A person (“the accused”) commits the offence
of administering a substance with intent if the accused
administers a substance to, or causes a substance to be taken
by, another person (“the complainant”) –
(a) knowing that the complainant does
not consent; and
(b) with the intention of stupefying or
overpowering the complainant, so as
to enable any person to engage in a
sexual activity that involves the
complainant.
(2) A person who commits an offence under this
section is liable –
(a) on summary conviction, to a fine of
one million dollars and to
imprisonment for five years;
(b) on conviction on indictment, to
imprisonment for ten years.
33. (1) A person commits the offence of committing
an offence with intent to commit a sexual offence if the person
commits any offence with the intention of committing a
LAWS OF GUYANA
44 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
sexual
offence.

Trespass with
intent to
commit a
sexual offence.
sexual offence under this Act.
(2) A person who commits an offence under this
section is liable on conviction on indictment, where the
offence is committed by kidnapping or false imprisonment, to
imprisonment for life.
(3) Unless subsection (2) applies, a person guilty
of an offence under this section is liable –
(a) on summary conviction, to a fine of
one million dollars and to
imprisonment for five years;
(b) on conviction on indictment, to
imprisonment for ten years.
34. (1) A person commits an offence of trespass with
intent to commit a sexual offence if the person –
(a) is a trespasser on any premises;
(b) intends to commit a sexual offence
under this Act on the premises; and
(c) knows that, or is reckless as to
whether, the person is a trespasser.
(2) In this section –
(a) “premises” includes a structure or
part of a structure;
(b) “structure” includes a tent, vehicle or
vessel or other temporary or movable
structure.
(3) A person who commits an offence under this
section is liable –
LAWS OF GUYANA
Sexual Offences Cap. 8:03 45
L.R.O. 1/2012
Offences
outside
Guyana.
(a) on summary conviction, to a fine of
one million dollars and to
imprisonment for five years;
(b) on conviction on indictment, to
imprisonment for ten years.
35. (1) Any conduct or act done by a resident or
citizen of Guyana in a country or territory outside Guyana
shall be deemed to be a sexual offence under the law of
Guyana if the conduct or act –
(a) constituted an offence under the law
in force in that country or territory;
and
(b) would constitute a sexual offence
under this Act had it been committed
in Guyana.
(2) For the purposes of this section, conduct or an
act punishable under the law in force in any country or
territory outside Guyana constitutes an offence under that
law, however it is described in that law.
(3) The conduct or act referred to in subsection (1)
shall be deemed to be an offence under this Act unless the
person charged serves on the prosecution a notice, no later
than rules of Court shall provide, that the conduct or act
alleged does not constitute an offence and his reasons for so
stating.
(4) The Court if it thinks fit, may require the
prosecution to prove that the conduct or act constitutes an
offence under this Act, whether or not the person charged
serves such a notice.
(5) In the Court the question whether the conduct
LAWS OF GUYANA
46 Cap. 8:03 Sexual Offences
L.R.O. 1/2012

Punishment of
attempt to
commit, etc.
offence against
this Act.

Marital and
other
relationships.

Abolition of
presumption
that male
or act constitutes an offence under this Act shall be decided
by the judge alone.
Conspiracy, attempt, incitement, aiding, etc.
36. Notwithstanding anything contained in any other
written law, every person who –
(a) attempts to commit;
(b) conspires with any other person to
commit;
(c) solicits, incites, aids, abets or counsels
or attempts to solicit, incite, aid, abet
or counsel any other person to
commit; or
(d) causes or procures, or attempts to
cause or procure the commission of,
any offence, whether summary or indictable, against this Act
may be charged with, tried, convicted and punished in all
respects as if that person were a principal offender.
Supplementary and general
37. (1) Unless where specifically stated in this Act, a
marital or other relationship, previous or existing, is not a
defence to a charge of any offence under this Act.
(2) A proposal of marriage, made by the accused
or any other party, to the complainant is not a defence to, nor
does it have any bearing on, a charge of any offence under
this Act.
38. The presumption of criminal law that a male
under fourteen years of age is incapable of sexual intercourse
is abolished.
LAWS OF GUYANA
Sexual Offences Cap. 8:03 47
L.R.O. 1/2012
under 14 years
incapable of
sexual
intercourse.
Charge laid
under law in
force when
offence
committed.
Divestment of
authority over
child.

Mandatory
record and
investigation.

39. A person who committed an offence before the
commencement of this Act and which is an offence under this
Act shall be charged, tried and punished under the law in
force immediately before the coming into operation of this
Act.
40. Where at the trial of any offence under this Act, it
is proved to the satisfaction of the Court that an offence under
this Act committed against a child has been caused,
encouraged or favoured by the child's father, mother,
guardian or any other person who has lawful care or charge
of the child, the Court may divest that person of all authority
over the child and appoint any other suitable person willing
to take charge of the child to be the guardian until the child
becomes an adult, and the Court shall have power to vary
from time to time or rescind or discharge such order.
PART III
INVESTIGATION
41. (1) Where an offence under this Act is reported to
the police, the police shall, in every case record the report and
conduct an investigation.
(2) Within three months of a complaint being
made under subsection (1) –
(a) a charge shall be laid in respect of the
report; or
(b) the file relating to the report and
investigation shall be sent to the
Director of Public Prosecutions for
advice.
LAWS OF GUYANA
48 Cap. 8:03 Sexual Offences
L.R.O. 1/2012

c. 17:01

Confrontation.
Paper
committals.

(3) Failure to comply with subsection (2)
constitutes neglect of duty by the Investigating Rank and the
Investigating Rank shall be liable to answer disciplinary
charges in accordance with the Police (Discipline) Act.
(4) A person who makes a false complaint to the
police may, on the advice of the Director of Public
Prosecutions, be charged for the offence of making a false
complaint and is liable on summary conviction to a fine of
fifty thousand dollars and to imprisonment for three years.
42. (1) Where a report is made of an offence under
this Act, at no point during the investigation shall the
complainant be required to recount the complaint or any part
of it, in the presence of the accused unless the complainant
wants to do so.
(2) The complainant shall not be required to view
or be in the presence of any person referred to in the
complaint as having perpetrated any offence under this Act
save for the purposes of an identification parade and then
only –
(a) by way of audio visual link;
(b) by way of a two way mirror; or
(c) in any other manner sensitive to the
complainant's well-being.
PART IV
PROCEDURE AT COURT
Procedure in Paper Committals
43. Where a person is charged with an offence under
this Act, there shall be no oral preliminary inquiry and
instead a paper committal shall be held in accordance with
LAWS OF GUYANA
Sexual Offences Cap. 8:03 49
L.R.O. 1/2012
First
Schedule
Sex offences
court.

Exclusion of
public in
certain cases.

Factors to be
taken into
account.
the procedure set out in the First Schedule.
44. The National Task Force for Prevention of Sexual
Violence, established under section 87, shall report to the
Minister within one year of the date of commencement of this
Act on proposals for a special court environment to try cases
in relation to offences under this Act.
Exclusion of public from hearing
45. In proceedings where the accused is charged with
an offence under this Act, the presiding judge or magistrate
shall order the exclusion of members of the public (including
the media) from the Court room for the duration of the
proceedings, unless the judge or magistrate is of the opinion
that such an order is not necessary in the interests of the
proper administration of justice to –
(a) ensure all relevant evidence is heard;

(b) ensure that the interests of witnesses
under eighteen years of age are
safeguarded in all proceedings; or
(c) ensure the justice system participants
who are involved in the proceedings
are protected.
46. In making a determination under section 45, the
Court shall take into account –
(a) the nature of sexual offences and the
consequences of public disclosure of
the details of such offences on the life
of the complainant in the particular
case and on society's interest in
encouraging the reporting of sexual
offences in general;

LAWS OF GUYANA
50 Cap. 8:03 Sexual Offences
L.R.O. 1/2012

Persons not
excluded.

Reasons to be
stated.

Representations
before
determination.

Public and jury
excluded.

(b) the balance between the interests of
justice in generally holding criminal
proceedings in public, and the
potential prejudice to the
complainant's personal dignity and
right of privacy of doing so in cases of
sexual violence;
(c) the right of the complainant and of
every individual to personal security
and to the full protection and benefit
of the law; and
(d) any other factor that the judge or
magistrate considers relevant.
47. The accused, complainant, any support person
and attorneys-at-law representing either party and any
necessary interpreter shall not be excluded under section 45.
48. If an accused is charged with an offence under
this Act and the Court orders that the public shall not be
excluded from the proceedings, the Court shall state, by
reference to the circumstances of the case, the reason for
making such an order.
49. The Court shall, at the first Court appearance, and
may at any other stage, bring section 45 to the attention of the
prosecution and ask the complainant directly if the
complainant wishes to give oral or written evidence on the
question of whether the public should be excluded from the
hearing before the judge or magistrate makes a
determination.
50. The Court shall consider any representations on
whether to make a determination under section 45 with the
public and jury excluded.

LAWS OF GUYANA
Sexual Offences Cap. 8:03 51
L.R.O. 1/2012
Passing of
sentence in
public.

Behaviour and
reaction of
complainant.

Special
measures
directions.


51. Where an order has been made under section 45
to exclude the public from the hearing the passing of sentence
shall take place in public.
Behaviour and reaction of complaint
52. Where on the trial of an accused person for an
offence under this Act evidence is given or a question is asked
of a witness about the behaviour or reaction of the
complainant during or after the alleged offence the judge
shall inform the jury that complainants of sexual offences
display a wide range of responses, and that the absence of
behaviour that they might expect a complainant of a sexual
offence to display should not be taken as evidence that the
offence charged did not take place.
Special Measures
53. (1) At any proceedings in relation to an offence
under this Act, unless the complainant requests that no such
protection be put in place, the Court shall direct that the
complainant be protected when giving evidence by one or
more of the special measures set out in sections 55 to 59.
(2) A special measures direction shall specify
particulars of the provision made by the direction in respect
of each special measure which is to apply to the witness's
evidence.
(3) In this Part "special measures direction" means
a direction under this section.
(4) Nothing in this Part is to be regarded as
affecting any power of a Court to make an order or give leave
of any description (in the exercise of its inherent jurisdiction
or otherwise) in relation to witnesses in proceedings for an
offence under this Act.

LAWS OF GUYANA
52 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
Further
provisions
about
directions.
54. (1) Subject to subsection (2) a special measures
direction has binding effect from the time it is made until the
proceedings for the purposes of which it is made are either –
(a) determined (by acquittal, conviction
or otherwise); or
(b) withdrawn or not proceeded with,
in relation to the accused or (if there is more than one) in
relation to each of the accused.
(2) The Court may discharge or vary (or further
vary) a special measures direction if it appears to the Court to
be in the interests of justice to do so, and may do so either –
(a) on an application made by a party to
the proceedings, if there has been a
material change of circumstances
since the relevant time; or
(b) of its own motion.
(3) In subsection (2) “the relevant time” means –
(a) the time when the direction was
given; or
(b) if a previous application has been
made under that subsection, the time
when the application (or last
application) was made.
(4) The Court shall state in open Court its reasons
for –
(a) giving or varying;
(b) refusing an application for, or for the
LAWS OF GUYANA
Sexual Offences Cap. 8:03 53
L.R.O. 1/2012
Screening
witness from
accused.
variation or discharge of; or
(c) discharging,
a special measures direction and, if it is a magistrates' court,
shall cause them to be entered in the record.
(5) Rules of Court may make provision –
(a) for uncontested applications to be
determined by the Court without a
hearing;
(b) for preventing the renewal of an
unsuccessful application for a special
measures direction except where
there has been a material change of
circumstances;
(c) for expert evidence to be given in
connection with an application for, or
for the variation or discharge of such
a direction;
(d) for the manner in which confidential
or sensitive information is to be
treated in connection with such an
application and in particular as to its
being disclosed to, or withheld from,
a party to the proceedings.
55. (1) A special measures direction may provide for
the witness, while giving testimony or being sworn in Court,
to be prevented by means of a screen or other arrangement
from seeing the accused.
(2) The screen or other arrangement referred to in
subsection (1) shall not prevent the witness from being able to
see, and to be seen by –
LAWS OF GUYANA
54 Cap. 8:03 Sexual Offences
L.R.O. 1/2012

Evidence by
audio visual
link.

c. 5:03
(a) the judge and jury or magistrate;
(b) attorneys-at-law acting in the
proceedings; and
(c) any interpreter or other person
appointed (in pursuance of the
direction or otherwise) to assist the
witness.
(3) Where two or more attorneys-at-law are acting
for a party to the proceedings, subsection (2) (b) is to be
regarded as satisfied in relation to those representatives if the
witness is able at all material times to see and be seen by at
least one of them.
56. (1) A special measures direction may provide for
the witness to give evidence by means of audio visual link
facilities.
(2) Where a special measures direction is given
under subsection (1), sections 73A and 73B of the Evidence
Act shall apply, except that –
(a) section 73A (3) (b) shall not apply;
and
(b) section 73A (5) (a) and (b) shall not
apply, and shall be substituted for the
purposes of application to
proceedings for an offence under this
Act, by the following –
“the person giving evidence to see
and hear, and to be seen and heard
by, the magistrate or judge, at least
one attorney-at-law representing the
prosecution and one the defence, and
LAWS OF GUYANA
Sexual Offences Cap. 8:03 55
L.R.O. 1/2012

Removal of
gowns.

Examination
of witness
through
intermediary.

where the jury is present, the jury ”.
57. A special measures direction may provide for the
wearing of gowns to be dispensed with during the giving of
the witness's evidence.
58. (1) A special measures direction may provide for
any examination of a child witness (however and wherever
conducted) to be conducted through an interpreter or other
person approved by the Court for the purposes of this section
(“an intermediary”).
(2) The function of an intermediary is to
communicate –
(a) to the witness, questions put to the
witness; and
(b) to any person asking such questions,
the answers given by the witness in
reply to them,
and to explain such questions or answers so far as necessary
to enable them to be understood by the witness or person in
question.
(3) Any examination of the witness in pursuance
of subsection (1) shall take place in the presence of such
persons as Rules of Court or the direction may provide, but in
circumstances in which –
(a) the judge or magistrate and legal
representatives acting in the
proceedings are able to see and hear
the examination of the witness and to
communicate with the intermediary;
and
(b) the jury are able to see and hear the
LAWS OF GUYANA
56 Cap. 8:03 Sexual Offences
L.R.O. 1/2012

c. 8:01

Use of
anatomically
correct dolls.

Status of
evidence given
under special
measures
direction.

Opportunity
for presentation
of
complainant’s
views and
concerns.
examination of the witness.
(4) Where two or more legal representatives are
acting for a party to the proceedings, subsection (3) (a) is to be
regarded as satisfied in relation to those representatives if at
all material times it is satisfied in relation to at least one of
them.
(5) A person may not act as an intermediary in a
particular case except after being sworn or affirmed that the
person will faithfully perform the function as intermediary.
(6) Sections 324 to 331 of the Criminal Law
(Offences) Act shall apply to intermediaries under this
section.
59. A special measures direction may provide for the
use of anatomically correct dolls in the taking of evidence
from a child witness.
60. Where a statement is made by a witness in
criminal proceedings in accordance with a special measures
direction, and is not made by the witness in direct oral
testimony in Court but forms part of the witness's evidence in
those proceedings, the statement shall be treated as if made
by the witness in direct oral testimony in Court.
Presentation of complaint’s view and concerns
61. (1) The Court shall provide an opportunity to a
complainant of an offence under this Act, if the complainant
desires it, to present the complainant's views and concerns at
appropriate stages of criminal proceedings against the
accused, in a manner not prejudicial to the rights of the
accused.
(2) For the purposes of subsection (1), appropriate
stages of criminal proceedings include the bail hearing and
before passing of sentence.
LAWS OF GUYANA
Sexual Offences Cap. 8:03 57
L.R.O. 1/2012
Anonymity for
complainant in
press reporting.
Anonymity for the complainant
62. (1) The publication in any document, or the
broadcasting, or transmission in any way, of any information
that could identify the complainant or witness to an offence
under this Act is prohibited.
(2) This section does not apply in respect of the
disclosure of information –
(a) in the course of the administration of
justice; or
(b) in the provision of medical services or
psychological treatment to the
complainant, when it is not the
purpose of the disclosure to make the
information known in the community.
(3) Every person who publishes in any document,
or broadcasts, or transmits in any way, any information that
could identify the complainant or a witness contrary to
subsection (1) commits an offence and is liable on summary
conviction to a fine of two million dollars.
(4) Where a person is charged with an offence
under subsection (3) in respect of the publication in any
document, or the broadcasting, or transmission in any way, of
any information that could identify the complainant or a
witness, it shall be a defence, subject to subsection (5), to
prove that the publication, broadcast, or transmission in
which the matter appeared was one in respect of which the
complainant had given written consent.
(5) Written consent is not a defence if it is proved
that any person interfered unreasonably with the
complainant’s peace or comfort with intent to obtain the
consent.
LAWS OF GUYANA
58 Cap. 8:03 Sexual Offences
L.R.O. 1/2012

Anonymity for
the
complainant in
Court.


Competence of
witness to give
evidence.

63. When called to give evidence in Court the
complainant’s name and address shall not be stated, and the
Court shall advise the complainant before the complainant
gives evidence that the complainant may not do so.
PART V
EVIDENCE
Competence of witness and capacity to be sworn
64. (1) Subject to subsections (2) and (3), at every
stage in criminal proceedings under this Act all persons are
competent to give evidence.
(2) A person is not competent to give evidence in
criminal proceedings under this Act if it appears to the Court
that the person is not a person who is able to –
(a) understand questions put to the
person as a witness; and
(b) give answers to them which can be
understood.
(3) A person charged with an offence under this
Act is not competent to give evidence for the prosecution in
the proceedings for the offence (whether the person is the
only person, or is one of two or more persons, charged with
the offence).
(4) In subsection (3) the reference to a person
charged with an offence under this Act does not include a
person who is not, or is no longer, liable to be convicted of
any offence in the proceedings (whether as a result of
pleading guilty or for any other reason).

LAWS OF GUYANA
Sexual Offences Cap. 8:03 59
L.R.O. 1/2012
Determining
competence of
witness.
65. (1) Any question whether a witness in criminal
proceedings under this Act is competent to give evidence in
the proceedings shall be determined by the Court in
accordance with this section, whether raised –
(a) by a party to the proceedings; or
(b) by the Court of its own motion.
(2) It is for the party calling the witness to satisfy
the Court that, on a balance of probabilities, the witness is
competent to give evidence in the proceedings.
(3) In determining the question mentioned in
subsection (1) the Court shall treat the witness as having the
benefit of any directions under section 53 which the Court has
given, or proposes to give, in relation to the witness.
(4) Any proceedings held for the determination of
the question shall take place in the absence of the jury.
(5) Where the Court is in doubt as to whether the
witness is competent, the Court may receive evidence from
anyone it deems fit, including a social worker or duly
qualified medical practitioner.
(6) Any questioning of the witness (where the
Court considers that necessary) shall –
(a) be conducted by the Court in the
presence of the parties and any social
worker or support person
accompanying the witness; and
(b) be conducted with the benefit of any
special measures the Court deems
necessary under sections 53 and 54.

LAWS OF GUYANA
60 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
Determining
whether
witness to be
sworn.
66. (1) Any question whether a witness in criminal
proceedings under this Act may be sworn for the purpose of
giving evidence on oath, shall be determined by the Court in
accordance with this section, whether raised –
(a) by a party to the proceeding; or
(b) by the Court of its own motion.
(2) The witness may not be sworn for that purpose
unless the witness has a sufficient appreciation of the
solemnity of the occasion and of the particular responsibility
to tell the truth which is involved in taking an oath.
(3) The witness shall, if the witness is able to give
intelligible testimony, be presumed to have a sufficient
appreciation of those matters if no evidence tending to show
the contrary is adduced.
(4) If any such evidence is adduced, it is for the
party seeking to have the witness sworn to satisfy the Court
that on a balance of probabilities, the witness has a sufficient
appreciation of the matters mentioned in subsection (2).
(5) Any proceedings held for the determination of
the question mentioned in subsection (1) shall take place in
the absence of the jury.
(6) Where the Court is in doubt as to whether the
witness can be sworn, the Court may receive evidence from
anyone it deems fit, including a social worker or duly
qualified medical practitioner.
(7) Any questioning of the witness (where the
Court considers that necessary) shall –
(a) be conducted by the Court in the
presence of the parties and any social
worker or support person
LAWS OF GUYANA
Sexual Offences Cap. 8:03 61
L.R.O. 1/2012

Reception of
unsworn
evidence.
accompanying the witness; and
(b) be conducted with the benefit of any
special measures the Court deems
necessary under section 53.
(8) For the purposes of this section a person is able
to give intelligible testimony if the person is able to –
(a) understand questions put to the
person as a witness; and
(b) give answers to them which can be
understood.
67. (1) Subsections (2) and (3) apply to a person who
is competent to give evidence in criminal proceedings under
this Act, but (by virtue of section 66) is not permitted to be
sworn for the purpose of giving evidence on oath in such
proceedings.
(2) The evidence in criminal proceedings under
this Act of a person to whom this subsection applies shall be
given unsworn.
(3) A deposition of unsworn evidence given by a
person to whom this subsection applies may be taken for the
purposes of criminal proceedings under this Act as if that
evidence had been given on oath.
(4) A Court in criminal proceedings under this
Act shall accordingly receive in evidence any evidence given
unsworn in pursuance of subsection (2) or (3).
(5) Where a person (“the witness”) who is
competent to give evidence in criminal proceedings under
this Act gives evidence in such proceedings unsworn, no
conviction, verdict or finding in those proceedings shall be
taken to be unsafe for the purposes of any statute or other law
LAWS OF GUYANA
62 Cap. 8:03 Sexual Offences
L.R.O. 1/2012

Penalty for
giving false
unsworn
evidence.

Corroboration.
c. 5:03

Compellability.
by reason only that it appears to the Court of Appeal or any
other Court that the witness was a person falling within
section 66 (and should accordingly have given evidence on
oath).
68. (1) This section applies where a person gives
unsworn evidence in criminal proceedings under section 67.
(2) If a person, as referred to in subsection (1),
wilfully gives false evidence in circumstances that, had the
evidence been given on oath, the person would have
committed perjury, the person commits an offence and is
liable –
(a) where the criminal proceedings
related to an indictable offence
punishable with imprisonment for
life, on indictment to seven years
imprisonment;
(b) where the criminal proceedings
related to any case not mentioned in
the preceding subsection, on
indictment to five years
imprisonment.
69. (1) No corroboration of the evidence of the
complainant or the sworn or unsworn evidence of a child
shall be required for a conviction of an offence under this Act,
and the judge shall not direct the jury that it is unsafe to find
the accused guilty in the absence of corroboration.
(2) Sections 61 (3) and 71 (3) of the Evidence Act
shall not apply to this Act.
70. The spouse of a person charged with an offence
under this Act may be called as a witness for either the
prosecution or defence and without the consent of the person
charged, and if so called, notwithstanding any other law, is a
LAWS OF GUYANA
Sexual Offences Cap. 8:03 63
L.R.O. 1/2012



Warning to
jury.

Recent
complaint.
compellable witness.
Previous consistent statements
71. Where on the trial of an accused person for an
offence under this Act evidence is given or a question is asked
of a witness which tends to suggest an absence of complaint
in respect of the commission of the alleged offence by the
person upon whom the offence is alleged to have been
committed or to suggest delay by that person in making any
such complaint, the judge shall –
(a) give a warning to the jury to the effect
that an absence of complaint or a
delay in complaining does not
necessarily indicate that the allegation
that the offence was committed is
false; and
(b) inform the jury that there may be
good reasons why a victim of a sexual
offence may hesitate in making or
may refrain from making a complaint
about the assault.
72. (1) In considering whether a recent complaint was
made as soon as could reasonably be expected, the Court shall
consider the following factors –
(a) the nature of sexual abuse and the
stigma or humiliation often thought
to go with them, and that they are
commonly found difficult to report
(particularly child sexual abuse);
(b) the relationship of the victim and
accused;
(c) the particular characteristics of the
LAWS OF GUYANA
64 Cap. 8:03 Sexual Offences
L.R.O. 1/2012

Statement of
child
admissible
where no oral
testimony.

Admissibility
of child’s
statement.
[2 of 2013]
person in relation to whom the abuse
is alleged to have been committed;
and
(d) all other relevant circumstances.
(2) Whether the complaint was made as soon as
could reasonably be expected will depend on the facts of the
particular case, and there is no outer time limit.
73. (1) A statement made by a child complainant in
relation to an offence under this Act is admissible as evidence
where the child does not give direct oral testimony at the trial.
(2) Sections 74 and 75 shall apply to the
admissibility of evidence under subsection (1) of this section.
(3) Where a statement is tendered in evidence
under subsection (1), the accused shall not be convicted on the
basis of that evidence alone.
74. (1) Without limiting any other law, where the
Court is satisfied that a child is being prevented from giving
evidence and where a statement is made in any written form
or manner by a child or by another person on behalf of the
child, that statement may be admissible in a trial as evidence
of any fact of which direct oral evidence of the child would be
admissible.
(2) The Court may admit into evidence the
following statement made by a child –
(a) a statement made to and written by
the police;
(b) a statement made in the form of a
statutory declaration;
(c) a statement written by the child;
LAWS OF GUYANA
Sexual Offences Cap. 8:03 65
L.R.O. 1/2012
(d) a statement written by another person
on behalf of a child where the child
cannot write.
(3) The following provisions shall have effect in
relation to any written statement of a child admissible in
evidence under this section –
(a) the statement shall state the child’s
age and that an adult of the child’s
choice was present with the child
when it was made;
(b) if the statement is written on behalf of
a child, it shall be signed or marked
if possible by both the child and the
person who wrote it and it shall be
dated;
(c) if the statement is written on behalf of
a child who cannot write, the person
who wrote the statement shall read it
to the child before the child puts the
child’s mark or thumb print on it and
it shall be accompanied by a
declaration of the person who wrote it
that it was read to the child and that
the child appears to understand it and
the child agreed to it;
(d) if the statement is written on behalf of
a child who cannot read, the person
who wrote the statement shall read it
to the child before the child signs it or
marks it if possible and it shall be
accompanied by a declaration of the
person who wrote it that it was read
to the child and the child appeared to
understand it and the child agreed to
LAWS OF GUYANA
66 Cap. 8:03 Sexual Offences
L.R.O. 1/2012

Statement in
documents that
appear to have
been prepared
for purposes of
criminal
proceedings or
investigations.
it;
(e) if the statement refers to any other
document, the copy of the
statement given to any other party to
the proceedings shall be accompanied
by a copy of that document or by such
information as may be necessary in
order to enable the party to whom it is
given to inspect the document or a
copy of it.
(4) The prosecution shall give a copy of the
statement to the accused not less than seven days in advance
of the prosecution tendering it into evidence.
(5) Any document or object referred to and
identified in a written statement tendered in evidence under
this section shall be treated as if it had been produced as an
exhibit and identified in Court by the witness.
(6) A child whose written statement is tendered in
evidence in a trial under this section shall be treated as a
person who had been examined by the Court.
75. (1) Without limiting any other written law, where
a statement, referred to in section 74, appears to the Court to
have been prepared for the purposes of –
(a) pending or contemplated criminal
proceedings; or
(b) a criminal investigation,
the statement shall not be tendered in evidence in a trial
without leave of the Court, and the Court shall not give leave
unless it is of the opinion that the statement ought to be
admitted in the interest of justice.

LAWS OF GUYANA
Sexual Offences Cap. 8:03 67
L.R.O. 1/2012
(2) In considering whether the admission of a
statement under subsection (1) would be in the interest of
justice, the Court shall have regard –
(a) to the contents of the statement;
(b) to any risk of unfairness to the
accused, or if there is more
than one accused to any one of
them, if it is likely that the
statement can be controverted
and the person making the
statement does not attend to
give oral evidence in the
proceedings;
(c) to any other circumstances that
appear to the Court to be
relevant.
(3) A written statement mentioned in this section
shall be tendered in evidence by the prosecution any time
before the prosecution closes its case against the accused –
(a) if the statement is written by
the child, by the prosecution
submitting the statement to the
Court; or
(b) if the statement is written on
behalf of a child, by calling the
person who wrote the
statement to put the statement
into evidence.
(4) Where a statement is tendered into evidence
under subsection (1), it shall be read to the Court, and the
accused is entitled to challenge its admissibility before it is
admitted into evidence or tendered at paper committal.
LAWS OF GUYANA
68 Cap. 8:03 Sexual Offences
L.R.O. 1/2012

No conviction
on statement
alone.
Evidence of
sexual activity
where com-
plainant under
16 years.

Second
Schedule.
(5) Where the accused exercises the right under
subsection (4), the Court shall conduct a hearing in the
absence of the jury and public and decide whether the whole
or any part of the statement is admissible into evidence.
76. Where a statement is tendered in evidence under
sections 74 or 75, the accused shall not be convicted on the
basis of that evidence alone.
Evidence of sexual activity
77. (1) Where the complainant in proceedings for an
offence under this Act is under 16 years of age, no evidence
shall be adduced that the complainant has engaged in any
sexual activity (with the accused or with any other person)
other than the sexual activity that forms the subject matter of
the charge unless the Court determines in accordance with
the procedure set out in the Second Schedule, that the
evidence –
(a) is of criminal sexual activity involving
the complainant, and there is
evidence of a conviction of a third
party for this criminal sexual activity;
(b) is to be used to show that
inappropriate sexual knowledge was
not learnt from the accused, or that
the complainant had a motive to lie;
and
(c) is of facts sufficiently similar to the
facts in issue to have significant
relevance
(2) Any evidence referred to in subsection (1) shall
only be admitted to the extent that the Court finds that the
proposed evidence is material to a fact in issue in the case and
LAWS OF GUYANA
Sexual Offences Cap. 8:03 69
L.R.O. 1/2012
Evidence of
sexual activity,
reputation
inferences.

Evidence of
sexual activity,
in general.
Second
Schedule.
that its probative value is not outweighed by its inflammatory
nature or potential prejudice to the proper administration of
justice or the complainant’s personal dignity and right of
privacy.
78. (1) In proceedings in respect of a sexual offence,
evidence as to the sexual activity or reputation of the
complainant is not admissible, and the defence shall not be
allowed to cross-examine on the matter.
(2) In proceedings in respect of a sexual offence,
evidence that the complainant has engaged in sexual activity,
whether with the accused or with any other person, is not
admissible to support an inference that, by reason of the
sexual nature of that activity, the complainant –
(a) is more likely to have consented to the
sexual activity that forms the subject-
matter of the charge; or
(b) is less worthy of belief.
79. (1) Where the complainant in proceedings for an
offence under this Act is sixteen years of age or over, no
evidence shall be adduced that the complainant has engaged
in sexual activity (with the accused or with any other person)
other than the sexual activity that forms the subject-matter of
the charge, unless the Court determines, in accordance with
the procedure set out in the Second Schedule, that the
evidence –
(a) is of specific instances of sexual
activity; and
(b) (i) tends to rebut evidence that
was previously adduced by
another party to the
proceedings;
LAWS OF GUYANA
70 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
Previous
allegations of
sexual offences.
(ii) where the accused denies
sexual penetration, tends to
explain the presence of semen
or the source of pregnancy or
disease or any injury to the
complainant, where it is
relevant to a fact in issue; or
(iii) is of consensual sexual activity
of the complainant with the
accused where this is
reasonably contemporaneous
with the date of the alleged
offence.
(2) Any evidence referred to in subsection (1) shall
only be admitted to the extent that the Court finds that the
proposed evidence is material to a fact in issue in the case and
that its probative value is not outweighed by its inflammatory
nature or potential prejudice to the proper administration of
justice or the complainant’s personal dignity and right of
privacy.
80. (1) The defence shall not introduce evidence
directly or ask questions in cross-examination suggesting that
previous allegations of sexual offences by the complainant
may have been false without the prior permission of the
Court.
(2) The Court shall not give such permission
unless –
(a) the defence can adduce concrete
evidence that the previous allegation
was in fact false; and
(b) the relevance of the evidence to the
case of the accused is demonstrated to
LAWS OF GUYANA
Sexual Offences Cap. 8:03 71
L.R.O. 1/2012

Factors to be
taken into
account.
the satisfaction of the Court.
PART VI
BAIL
81. Where the Court is required to determine
whether to grant bail in respect of an offence under this Act
the Court shall take into account –
(a) the need to secure the health, safety
and well-being of the complainant or
any witness;
(b) the need to secure the health, safety
and well-being of any child affected
by the offence or by the decision on
bail;
(c) any hardship that may be caused to
the accused or the family members of
the accused if bail is not granted;
(d) the record of the accused with regard
to the commission of violent acts and
whether there is evidence in or on the
record of physical or psychological
abuse to children;
(e) whether there are substantial grounds
for believing that the accused, if
released on bail would –
(i) fail to surrender to custody;
(ii) commit an offence while on
bail; or
(iii) interfere with witnesses or
LAWS OF GUYANA
72 Cap. 8:03 Sexual Offences
L.R.O. 1/2012

Bail for sexual
offences.
otherwise obstruct the course of
justice, whether in relation to
the accused or any other
person;
(f) any other matters which may be
relevant to the case in question.
82. (1) Where an accused –
(a) is charged with an offence under this
Act which includes penetration, and
has a prior sexual offence conviction,
or
(b) is charged with committing a sexual
offence with a child under section 10,
11, 12, 13, 16, 18 or 21,
the Court shall order that the accused be detained in custody
until dealt with according to law, unless the accused, having
been given a reasonable opportunity to do so, shows just
cause why the detention of the accused in custody is not
justified.
(2) For the purposes of subsection (1), just cause
will be shown where the accused demonstrates that –
(a) detention is not necessary to ensure
the attendance of the accused in Court
in order to be dealt with according to
law;
(b) detention is not necessary for the
protection or safety of the public,
including for the protection of any
complainant of or witness to the
offence;

LAWS OF GUYANA
Sexual Offences Cap. 8:03 73
L.R.O. 1/2012

Conditions of
bail.
(c) there is not a substantial likelihood
that the accused will, if released from
custody, commit a criminal offence or
interfere with the administration of
justice; and
(d) detention is not necessary to maintain
confidence in the administration of
justice, having regard to all the
circumstances, including –
(i) the apparent strength of the
prosecution’s case;
(ii) the gravity of the offence;
(iii) the circumstances surrounding
the commission of the offence,
including whether a weapon was
used; and
(iv) the fact that the accused is liable,
on conviction, for a potentially
lengthy term of imprisonment.
83. (1) Where the accused is charged with an offence
under this Act, the Court, in granting bail, may also order that
the recognisance be subject to any of the following further
conditions as the Court considers appropriate –
(a) that the accused abstain from
communicating, directly or indirectly,
with any complainant, witness or
other person identified in the order
except in accordance with the
conditions specified in the order as
the judge considers necessary;
(b) that the accused not harass or molest,
LAWS OF GUYANA
74 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
or cause another person to harass or
molest, a specified person, including
the complainant or any relevant child;
(c) that the accused not be in a locality in
which are situated the premises in
which a specified person, including
the complainant or any relevant child,
resides, works or is frequently present
at;
(d) that the accused not be on premises
which are or in a locality in which is
situated the place of education of a
specified person named in the order,
including the complainant or any
relevant child;
(e) where the accused continues to reside,
work or attend a place of education
with a specified person, including the
complainant or any relevant child,
that the accused do not enter or
remain in the place of residence,
employment, or education;
(f) that the accused report at such times
as are specified at a specified police
station;
(g) that the accused remain within a
territorial jurisdiction specified in the
order;
(h) that the accused notify the police
officer or other person designated in
the order of any change in the
address, employment or occupation
of the accused;
LAWS OF GUYANA
Sexual Offences Cap. 8:03 75
L.R.O. 1/2012
Complainant
to be notified if
accused
released on
bail.

Orders
following
conviction.
(i) that where the accused is the holder
of a passport, the accused deposit it as
specified in the order; and
(j) that the accused comply with any
other condition specified in the order
that the Court considers necessary to
ensure the safety and security of any
complainant of or witness to the
offence or in the interest of the public.
(2) Where a police officer believes on reasonable
grounds that a person who has been granted bail subject to
one or more of the conditions set out in subsection (1) has
failed to comply with a condition of the recognizance, the
police officer may apprehend the person without a warrant.
(3) Where bail has been granted to a person on a
condition imposed under subsection (1) and the person
contravenes or fails to comply with the condition, the bail
shall be forfeited and the accused is liable to be re-arrested.
84. If an accused charged with an offence under this
Act is released on bail, the prosecutor shall immediately
inform the complainant of that fact, and any conditions of
bail.
PART VII
SENTENCING
85. Where an accused is convicted of an offence
under this Act, in addition to passing sentence the Court may

(a) order that the accused pay civil
compensation to the complainant; and
(b) make one or more of the following
LAWS OF GUYANA
76 Cap. 8:03 Sexual Offences
L.R.O. 1/2012

Health worker
to report
child’s sexual
abuse.
National Task
Force for
Prevention of
Sexual
Offences.
orders –
(i) drug treatment and drug
testing order;
(ii) rehabilitation order;
(iii) protection and safety order;
and
(iv) where the offence for which the
accused has been convicted
suggests risk of HIV
transmission to the
complainant, a HIV testing
order and disclosure of the
results to the Court and
complainant; and
(v) mental and psychological
treatment.
PART VIII
MEDICAL CARE AND SUPPORT FOR COMPLAINT
86. Where a health worker treats a child and finds
evidence that the child has been sexually abused,
notwithstanding any law relating to medical confidentiality,
the health worker shall report the suspected abuse to the
police and keep a record of having done so.
PART IX
PREVENTION
87. (1) There shall be established an inter-agency task
force to be known as the National Task Force for the
Prevention of Sexual Violence which shall have the duty to
develop and implement a national plan for the prevention of
sexual violence.
LAWS OF GUYANA
Sexual Offences Cap. 8:03 77
L.R.O. 1/2012
(2) The President shall appoint the members of the
Task Force, which shall include the Ministers of Legal Affairs,
Home Affairs, Human Services and Social Security,
Amerindian Affairs, Education, Health, Local Government,
Youth, Sport and Culture, senior public officers with
responsibility for law enforcement, health and human and
social services and persons from non-governmental
organisations.
(3) The Task Force shall carry out the following
activities either directly or by one or more of the constituent
ministries as appropriate –
(a) develop and publish within a
reasonable time of the coming into
force of this Act, a National Plan for
the Prevention of Sexual Offences,
which shall include the necessary
steps to eradicate sexual violence in
Guyana;
(b) develop initiatives for prevention of
sexual violence;
(c) co-ordinate the implementation of the
National Plan;
(d) commission and co-ordinate the
collection, publication and sharing of
data among government agencies;
(e) establish policies to enable the
Government to work with non-
governmental organisations, faith-
based organisations, community-
based organisations and other
elements of civil society to prevent
sexual violence and provide
LAWS OF GUYANA
78 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
assistance to victims of sexual
violence;
(f) provide guidance to the Sexual
Violence Unit;
(g) develop national policy guidelines
and protocols for victims of sexual
violence and address matters relating
to police services, prosecution,
medical services, social service,
probation service and prison service;
(h) monitor the implementation of this
Act, the National Plan and the
National Policy Guidelines and
protocols;
(i) co-ordinate national education and
awareness programmes;
(j) focus special attention on the issues of
sexual violence in remote areas,
including access to police support and
medical attention, court services;
(k) determine the effectiveness of public
awareness exercises and measures to
be taken to ensure effectiveness;
(l) provide guidance on the development
of training programmes specified
under section 91;
(m) within a reasonable time of this Act
coming into force, publish a paper on
integration of reports to be made,
seeking medical care and evidence
gathering and recommend either the
LAWS OF GUYANA
Sexual Offences Cap. 8:03 79
L.R.O. 1/2012

Sexual
Violence Unit.

Data.
establishment of a special centre, or a
unit at hospitals or at police stations,
and setting out the necessary steps to
establish any integrated services;
(n) in general, ensure acceptable and
uniform treatment of all sexual
offence matters;
(o) produce an annual report updating
data and statistics, reporting on the
implementation of the Act, National
Plan and National Policy Guidelines,
and other prevention activities.
(4) The Task Force shall meet at least once every
three months.
88. (1) The Minister shall establish a Sexual Violence
Unit in the Ministry of Human Services and Social Security.
(2) The Sexual Violence Unit, or until it is
established, the Director of Social Services shall support the
Task Force in carrying out the provisions of section 87 (3).
89. (1) All data collected shall respect the privacy of
victims or complainants of sexual offences.
(2) Data shall include, but shall not be limited to,
number of reports to the police, number of arrests,
prosecutions and successful convictions, gender and age of
victims or complainants, geographical locations where
offences are alleged to have happened, number of persons
seeking medical care, types of injuries received by victims or
complainants, relationship of victim or complainant to
accused, number of matters withdrawn from Court and
number of matters where complainants chose not to proceed
further.

LAWS OF GUYANA
80 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
Public
awareness.
90. (1) The Minister, in co-operation with other
governmental agencies and non-governmental organisations
shall prepare and disseminate public awareness programmes
designed to educate victims and potential victims of sexual
offences and their families of the risk of victimization.
(2) Awareness programmes referred to in
subsection (1) shall include but shall not be limited to –
(a) information regarding care
arrangements for children,
appropriate and inappropriate
behaviour including touching and
words, safe and preventative
practices;
(b) sex education;
(c) information regarding exposure to
and treatment of HIV and Acquired
Immune Deficiency Syndrome and
other sexually transmitted diseases;
(d) information relating to the
psychological harm to a victim of
sexual offences;
(e) the measures and services in place to
ensure the safety of victims or
complainants;
(f) information on how to contact
relevant law enforcement authorities;
(g) information about the rights of
victims and potential victims of
sexual violence; and
(h) information about how to recognise
LAWS OF GUYANA
Sexual Offences Cap. 8:03 81
L.R.O. 1/2012
Education and
training.
sexual abuse and where to seek help.
(3) The Minister in co-operation with other
governmental agencies and non-governmental organisations
shall prepare and disseminate public awareness programmes
designed to discourage behaviour that fosters the abuse of
persons that leads to sexual violence.
(4) Awareness programmes referred to in
subsection (3) shall include, but shall not be limited to –
(a) materials that include the impact of
sexual violence on individual victims;
and
(b) aggregate information on sexual
violence worldwide and domestically
as well as warnings of the potential
for criminal consequences for
engaging in sexual violence or any
offence under this Act.
(5) Materials used in the public awareness
programmes shall include as appropriate pamphlets,
brochures, posters, advertisements in mass media, and any
other methods appropriate for reaching victims or potential
victims of sexual violence.
(6) Any material used under this section shall
preserve the privacy of the victim or complainant and the
family of each.
91. (1) The Ministers of Legal Affairs, Home Affairs,
Health, Human Services and Social Security shall ensure that
training programmes on sexual violence are developed and
delivered to police, prosecutors, magistrates and judges,
health workers, probation officers, social workers and the
prison service, whether directly or by collaboration with other
appropriate governmental agencies and non-governmental
LAWS OF GUYANA
82 Cap. 8:03 Sexual Offences
L.R.O. 1/2012

Rules of Court
and
regulations.

Law
inconsistent
with this Act.
Laws to be
applied.
c. 5:03
c. 10:01

Repeal and
savings.

organizations.
(2) The Judicial Service Commission shall ensure
that training is provided to magistrates and judges not only
on implementation of this Act, but also on existing laws,
procedures and obligations relating to sexual offences, for
example regulating requests for adjournments, cross-
examination of the complainant, and on sexual offences in
general, including rape myths.
PART X
MISCELLANEOUS
92. (1) Rules of Court may be made for the purpose of
regulating the practice and procedure of the Court in
proceedings under this Act.
(2) The Minister may make regulations for
carrying out the provisions of this Act and for prescribing
anything that needs to be prescribed.
93. Where any provision of any law is in conflict or
inconsistent with any provision of this Act, the provision of
this Act shall prevail.
94. Except as otherwise provided by this Act, the
Evidence Act and the Criminal Law (Procedure) Act shall
apply to this Act where necessary with such modifications,
adaptations and qualifications that may be needed for the due
administration of this Act.
95. Notwithstanding the repeal of any law by this
Act, if there are any pending proceedings instituted, the
proceedings shall be disposed of or continued under the law
as it stood immediately before the commencement of this
section.

LAWS OF GUYANA
Sexual Offences Cap. 8:03 83
L.R.O. 1/2012
s. 43
Interpretation.
[2 of 2013]
Paper
committal to be
held by
magistrate.
Proceedings in
the presence of
accused.
[2 of 2013]

FIRST SCHEDULE
PAPER COMMITTALS FOR SEXUAL OFFENCES
1. In this schedule –
“document” includes anything in which information of any
description is recorded; and
“paper committal” means a committal proceeding held in
accordance with this Schedule.
2. Paper committals are to be held by a magistrate,
and sections 45 to 51 relating to the exclusion of the public
shall apply.
3. (1) Subject to subparagraph (2), the accused shall
be present at a paper committal.
(2) A magistrate may proceed with a paper
committal in the absence of the accused if –
(a) the magistrate considers that by
reason of the disorderly conduct of
the accused before the magistrate it is
not practicable for the evidence to be
tendered in the presence of the
accused;
(b) the accused cannot be present for
reasons of ill-health but is represented
by an attorney-at-law and has
consented to the evidence being
tendered in the absence of the
accused; or
(c) there is evidence that the accused is
deliberately absenting himself from
the court.
LAWS OF GUYANA
84 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
Adjournment.
[2 of 2013]

Evidence
which is
admissible.
[2 of 2013]
4. (1) A magistrate may, before beginning a paper
committal or at any time during the proceedings, adjourn the
proceedings, and if the magistrate does so may remand the
accused.
(2) The Court shall when adjourning fix the time
and place at which the proceedings are to be resumed and the
time fixed shall be that at which the accused is required to
appear or be brought before the Court in pursuance of the
remand.
5. (1) For the purposes of a paper committal credible
evidence of the prosecution and the defence shall be allowed.
(2) The prosecutor or a person on behalf of the
prosecutor shall file in the registry of the court all evidence
for the prosecution for the purposes of a paper committal not
later than forty-five days after the date on which the accused
first appears in court in relation to the complaint.
(2A) The accused or counsel on behalf of the
accused shall file in the registry of the court all evidence for
the defence for the purposes of a paper committal not later
than forty-five days after the date on which the prosecutor or
a person on behalf of the prosecutor filed the statements for
the prosecution:
Provided that in respect of all charges which were
instituted prior to the commencement of this amendment the
accused or counsel on behalf of the accused shall file in the
Registry of the court all evidence for the defence for the
purposes of the paper committal not later than forty-five days
after the date on which the magistrate reopened the paper
committal.
(2B) A copy of the evidence filed—

(a) under subparagraph (2) by or on
behalf of the prosecutor shall be
LAWS OF GUYANA
Sexual Offences Cap. 8:03 85
L.R.O. 1/2012

Written
statements.
[2 of 2013]
served on the accused;
(b) under paragraph (2A) by or on behalf
of the defence shall be served on the
prosecutor.
(3) The following evidence of the prosecution and
the defence shall be admissible for the purposes of a paper
committal—
(a) written statements which satisfy the
requirements of paragraph 6;
(b) the documents or other exhibits (if
any) referred to in the written
statements;
(c) depositions taken pursuant to
paragraph 2 and which satisfy the
requirements of paragraph 7;
(d) the documents or other exhibits (if
any) referred to in the depositions;
(e) statements which satisfy the
requirements of paragraph 8;
(f) documents which satisfy the
requirements of paragraph 9.
6. (1) A written statement by any person is
admissible as evidence for the purposes of a paper committal
if it satisfies the following requirements –
(a) the statement is signed or marked by
the person who made it;
(b) the statement contains a declaration
by the person who made it to the
LAWS OF GUYANA
86 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
effect that it is true to the best of the
person’s knowledge and belief and
that the person made the statement
knowing that, if it were tendered in
evidence, the person would be liable
to prosecution for wilfully stating in it
anything which the person knew to be
false or did not believe to be true;
(c) (i) before the statement of the
prosecution is tendered in evidence, a
copy of the statement is given, by or
on behalf of the prosecutor, to the
accused;
(ii) before the statement of the
defence is tendered in evidence,
a copy of the statement is
given, by or on behalf of the
defence, to the prosecutor;
(iii) a statement of either party is to
be given to the other party
seven days before the
commencement of the
committal proceedings;
(d) if the statement is made by a person
under 18 years of age, it specifies the
age of that person;
(e) if the statement is made by a person
who cannot read it, the statement was
read to that person before the person
signed it and is accompanied by a
declaration by the reader to the effect
that the statement was read to the
person and that the person to whom it
was read appeared to understand its
LAWS OF GUYANA
Sexual Offences Cap. 8:03 87
L.R.O. 1/2012
Depositions.
[2 of 2013]
contents;
(f) if the statement refers to any other
document as an exhibit, a copy of the
statement given to the prosecutor or
accused is accompanied by a copy of
that document or, if not practicable,
with any information as may be
necessary to enable the party to
whom it was given to inspect that
document or a copy of it.
(2) So much of any statement as is admitted in
evidence by virtue of this paragraph shall, unless the court
commits the accused for trial by virtue of paragraph 12 or the
court otherwise directs, be read aloud at the paper committal;
and where the court so directs a summary or description shall
be given of so much of any statement as is not read aloud.
(3) Any document or other object referred to as an
exhibit and identified in a statement admitted in evidence by
virtue of this paragraph shall be treated as if it had been
produced as an exhibit and identified in court by the maker of
the statement.
7. (1) A deposition, taken pursuant to paragraph 11,
is admissible as evidence for the purposes of a paper
committal if it satisfies the following requirements –
(a) a copy of a deposition is sent to the
prosecutor by the clerk of the court
not later than seven working days
after the deposition is taken;
(b) a copy of a deposition is served on the
accused or his counsel;
(c) if the deposition refers to any
document as an exhibit, the copy of
LAWS OF GUYANA
88 Cap. 8:03 Sexual Offences
L.R.O. 1/2012


Other
statements.
[2 of 2013]
c. 5:03
the deposition given to the prosecutor
or the accused is accompanied by a
copy of that document or, if not
practicable, with any information as
may be necessary to enable the party
to whom it is given to inspect the
document or the copy of it.
(2) So much of any deposition as is admitted in
evidence by virtue of this paragraph shall, unless the court
commits the accused for trial by virtue of paragraph 12 or the
court otherwise directs, be read aloud at the paper committal;
and where the court so directs a summary or description shall
be given of so much of any deposition as is not read aloud in
full.
(3) Any document or other object referred to as an
exhibit and identified in a deposition admitted in evidence by
virtue of this paragraph shall be treated as if it had been
produced as an exhibit and identified in court by the person
whose evidence is taken as the deposition.
8. (1) Any other statement may be admissible as
evidence for the purposes of a paper committal if it satisfies
the following requirements –
(a) before the committal proceedings
begin, the prosecutor notifies the
magistrate and the accused that the
prosecutor believes –
(i) that the statement might by
virtue of section 91 or section 92
of the Evidence Act be
admissible as evidence if the
case came to trial; or
(ii) that the statement would not be
admissible as evidence
LAWS OF GUYANA
Sexual Offences Cap. 8:03 89
L.R.O. 1/2012
c. 5:03
Other
documents.
otherwise than by virtue of
section 91 or section 92 of the
Evidence Act if the case came to
trial;
(b) the prosecutor’s belief is based on
information available to the
prosecutor at the time of the
notification;
(c) the prosecutor has reasonable
grounds for the belief;
(d) the prosecutor gives the reasons for
the belief at the time of the
notification; or
(e) the prosecutor gives a copy of the
statement to the court and the other
party at the time of the notification.
(2) So much of any statement as is in writing and
is admitted in evidence by virtue of this paragraph shall,
unless the court commits the accused for trial by virtue of
paragraph 12 or the court otherwise directs, be read aloud at
the paper committal; and where the court so directs, a
summary or description shall be given of so much of any
statement as is not read aloud in full.
9. (1) Any other document is admissible as evidence
for the purposes of a paper committal if the document, by
virtue of any law –
(a) is admissible as evidence in any
criminal proceedings;
(b) is admissible, or may be used, or is to
be admitted or received as evidence in
any criminal proceedings;
LAWS OF GUYANA
90 Cap. 8:03 Sexual Offences
L.R.O. 1/2012

Proof by
production of
copy.
(c) may be considered in any
proceedings;
(d) by its production, constitutes proof in
any criminal proceedings;
(e) by its production, evidence may be
given in any criminal proceedings.
(2) In subparagraph (1) references to evidence
include references to prima facie evidence.
(3) So much of any document as is admitted in
evidence by virtue of this paragraph shall, unless the court
commits the accused for trial by virtue of paragraph 12 or the
court otherwise directs, be read aloud at the paper committal;
and where the court so directs, a summary or description
shall be given orally of so much of any document as is not
read aloud in full.
10. (1) Where a statement, deposition or document is
admissible in evidence by virtue of paragraph 6, 7, 8 or 9 it
may be proved by the production of –
(a) the statement, deposition or
document; or
(b) a copy of it or the material part of it.
(2) Subparagraph (1) (b) applies whether or not
the statement, deposition or document is still in existence.
(3) It is immaterial for the purposes of this
paragraph how many removes there are between a copy and
the original.
(4) In this paragraph “copy”, in relation to a
statement, deposition or document, means anything on which
information recorded in the statement, deposition or
LAWS OF GUYANA
Sexual Offences Cap. 8:03 91
L.R.O. 1/2012

Summons or
warrant as to
depositions.
[2 of 2013]
document has been copied, by whatever means and whether
directly or indirectly.
11. (1) Where a magistrate is satisfied that –
(a) any person is likely to be able to make
on behalf of the prosecutor or the
accused a written statement
containing material evidence, or
produce on behalf of the prosecutor
or the accused a document or other
exhibit likely to be material evidence,
for the purposes of proceedings
before a magistrate holding a paper
committal; and
(b) it is in the interests of justice to issue a
summons under this paragraph to
secure the attendance of that person
to give evidence or to produce the
document or other exhibit,
the magistrate shall issue a summons directed to that person
requiring the person to attend before the magistrate at the
time and place appointed in the summons to have that
person’s evidence taken as a deposition or to produce the
document or other exhibit.
(2) If a magistrate is satisfied by evidence on oath
of the matters mentioned in subparagraph (1), and also that it
is probable that a summons would not procure the result
required by it, the magistrate may instead of issuing a
summons issue a warrant to arrest the person concerned and
bring the person before a magistrate at the time and place
specified in the warrant.
(3) A magistrate may issue a warrant to arrest a
person and bring the person before the magistrate at a time
and place specified in the warrant if –
LAWS OF GUYANA
92 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
(a) the person fails to attend before a
magistrate in answer to a summons
under this paragraph;
(b) the magistrate is satisfied by evidence
on oath that the person is likely to be
able to make a statement or produce a
document or other exhibit as
mentioned in subparagraph (1) (a);
(c) it is proved on oath, or in such other
manner as may be prescribed, that the
person has been duly served with the
summons and that a reasonable sum
has been paid or laid over to the
person for costs and expenses;
(d) it appears to the magistrate that there
is no just excuse for the failure.
(4) Where a summons is issued under
subparagraph (1) or a warrant is issued under subparagraph
(2) or (3), the time appointed in the summons or specified in
the warrant shall be such as to enable the evidence to be taken
as a deposition before a magistrate begins the paper
committal.
(5) If in pursuance of this paragraph a person’s
evidence is taken as a deposition, the clerk of the magistrate’s
court shall as soon as is reasonably practicable send copies of
the deposition to the prosecutor and the accused.
(6) If in pursuance of this paragraph a person
produces an exhibit which is a document, the clerk of the
magistrate’s court shall as soon as is reasonably practicable
send copies of the document to the prosecutor and the
accused.

LAWS OF GUYANA
Sexual Offences Cap. 8:03 93
L.R.O. 1/2012

Committal for
trial.
[2 of 2013]

Procedure for
committal
without
consideration
of the evidence.
(7) If in pursuance of this paragraph a person
produces an exhibit which is not a document, the clerk of the
magistrate’s court shall as soon as is reasonably practicable
inform the prosecutor and the accused of the fact and of the
nature of the exhibit.
12. If a magistrate holding a paper committal is
satisfied that all the evidence tendered by or on behalf of the
prosecutor and the accused is admissible under paragraph 5
(3), the magistrate shall commit the accused for trial for the
offence without consideration of the contents of any
statements, deposition or other documents, and without
consideration of any exhibits which are not documents,
unless—
(a) the accused or one of the accused
does not have an attorney-at-law
acting for him in the case; or
(b) an attorney-at-law acting for the
accused or one of the accused, as the
case may be, has requested the Court
to consider a submission that there is
insufficient evidence to put the
accused on trial for the offence.
13. (1) Where the accused has an attorney-at-law
acting for him in the case and where all the evidence tendered
is admissible under paragraph 5 (3), the magistrate shall
cause the charge to be read to the accused and shall then
ascertain whether the accused wishes to submit that there is
insufficient evidence to put the accused on trial for the offence
charged.
(2) If the magistrate is satisfied that the accused
or, as the case may be, each of the accused does not wish to
make a submission that there is insufficient evidence to put
the accused on trial for the offence charged, the magistrate
shall, without consideration of the evidence, commit the
LAWS OF GUYANA
94 Cap. 8:03 Sexual Offences
L.R.O. 1/2012

Procedure for
committal or
discharge on
consideration of
the evidence.
[2 of 2013]
accused for trial.
14. (1) Where –
(a) the accused or one of the accused
does not have an attorney-at-law
acting for the accused in the case; or
(b) the attorney-at-law of the accused or
one of the accused, as the case may be,
has requested the court to consider a
submission that there is insufficient
evidence to put the accused on trial
by jury for the offence charged,
the magistrate shall consider all the evidence tendered and
the submissions made under subparagraph (2) and shall then
determine whether, in the magistrate’s opinion, there is
sufficient evidence to commit the accused for trial or to
discharge the accused if the magistrate is of the opinion that
there is insufficient evidence.
(2) Where the condition under subparagraph (1)
(a) or (b) exists the magistrate shall follow the following
procedure –
(a) the magistrate may permit the
prosecutor to make an opening
address to the court, if the prosecutor
so wishes, before any evidence is
tendered;
(b) after the prosecutor’s opening
address, if any, the magistrate shall
cause the evidence to be tendered in
accordance with paragraphs 6 (2), 7
(2), 8 (2) and 9 (3), that is to say by
being read out aloud, except where
the court otherwise directs or to the
LAWS OF GUYANA
Sexual Offences Cap. 8:03 95
L.R.O. 1/2012

Record of
reasons.
[2 of 2013]
Power of
Director of
Public
Prosecutions to
give directions.
[2 of 2013]
extent that it directs that a summary
or description shall be given of so
much of any statement as is not read
aloud;
(c) the court may view any exhibits
produced before the court and may
take possession of them;
(d) after the evidence has been tendered
the court shall hear any submission
which the accused may wish to make
as to whether there is insufficient
evidence to put the accused on trial
by jury for any indictable offence
under this Act;
(e) the court shall permit the prosecutor
to make a submission in reply to any
submission made by the accused or
where the accused has not made any
submission but the magistrate is
nevertheless minded not to commit
the accused for trial.
15. The magistrate shall record the reasons in writing
for the committal or discharge of the accused person.
16. (1) In any case where the magistrate discharges an
accused person, the Director of Public Prosecutions may
require the magistrate to send to the Director of Public
Prosecutions the statements, documents, depositions, and
exhibits tendered in connection with the case.
(2) After the discharge of the accused person and
after the receipt of those statements, documents, depositions,
and exhibits, if the Director of Public Prosecutions is of the
opinion that a sufficient case is made out to put the accused
on trial for any offence under this Act, the Director of Public
LAWS OF GUYANA
96 Cap. 8:03 Sexual Offences
L.R.O. 1/2012

Evidence after
committal of
accused person.
[2 of 2013]
Prosecutions may within six months remit those statements,
depositions, and exhibits to the magistrate with directions to
reopen the paper committal and to commit the accused for
trial, and may give such further directions as the Director of
Public Prosecutions may think proper.
(2A) At anytime within six months after the
receipt of the documents for the paper committal the Director
of Public Prosecutions may, if he thinks fit, remit the case to
the magistrate with directions to reopen the inquiry for the
purpose of taking evidence or further evidence on a certain
point or points to be specified, with any other direction he
thinks fit.
(3) Any directions given by the Director of Public
Prosecutions under this paragraph shall be in writing signed
by the Director of Public Prosecutions, and shall be followed
by the magistrate, and the magistrate shall have all necessary
power for that purpose.
(4) The Director of Public Prosecution may at any
time add to, alter, or revoke any of the directions.
17. (1) Any person whose statement, deposition,
document, or exhibit was not tendered in evidence by the
prosecutor or the accused during a paper committal may give
evidence at the trial of the accused person.
(2) A party seeking to adduce evidence shall serve
the evidence, in the form of a statement, deposition or
document which would be admissible under paragraphs 6, 7
8 or 9, on the other party to the proceedings seven days before
the day the witness will give evidence at the trial or the
contents of the statement, deposition or other document will
be entered into evidence.

LAWS OF GUYANA
Sexual Offences Cap. 8:03 97
L.R.O. 1/2012
ss. 77,79

Factors that
Court must
consider.
SECOND SCHEDULE
PART I
PROCEDURE FOR APPLYING TO ADMIT EVIDENCE OF
SEXUAL ACTIVITY WHERE COMPLAINANT OVER 16
YEARS OF AGE
1. In determining whether evidence is admissible
under section 79, the Court shall take into account –
(a) the interests of justice, including the
right of the accused to make a full
answer and defence;
(b) society’s interest in encouraging the
reporting of sexual assault offences;
(c) whether there is a reasonable prospect
that the evidence will assist in
arriving at a just determination in the
case;
(d) the need to remove from the fact-
finding process any discriminatory
belief or bias;
(e) the risk that the evidence may unduly
arouse sentiments of prejudice,
sympathy or hostility in the jury;
(f) the potential prejudice to the
complainant’s personal dignity and
right of privacy;
(g) the right of the complainant and of
every individual to personal security
and to the full protection and benefit
of the law; and
LAWS OF GUYANA
98 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
Application to
admit evidence
of sexual
activity.


Form and
content of
application.
(h) any other factor that the Court
considers relevant.
2. (1) The prosecution or the accused may apply to the
Court for a hearing to determine whether evidence is
admissible under section 79.
(2) In this Schedule, “hearing” means a voir dire as
carried out by the Court in the absence of the jury during
criminal proceedings.
3. An application referred to in paragraph 2 must
be made in writing and set out –
(a) detailed particulars of the evidence
that the applying party seeks to
adduce, including that of specific
instances of sexual activity; and
(b) the relevance of that evidence to an
issue at trial, including –
(i) how the evidence tends to
rebut evidence that was
previously adduced by another
party to the proceedings
(ii) where the accused denies
sexual penetration, how the
evidence tends to explain the
presence of semen or the source
of pregnancy or disease or any
injury to the complainant,
where it is relevant to a fact in
issue; or
(iii) that the evidence is of
consensual sexual activity of
LAWS OF GUYANA
Sexual Offences Cap. 8:03 99
L.R.O. 1/2012

Applications to
cross examine.

Jury and
public
excluded.
Court may hold
a hearing.

the complainant with the
accused where this is
reasonably contemporaneous
with the date of the alleged
offence and how the evidence is
relevant to a fact in issue.
4. In the case of an application to cross-examine the
complainant, the application must also set out –
(a) the initial questions sought to be
asked of the complainant; and
(b) the scope of the questioning sought to
flow from the initial questioning.

5. The Court shall consider the applications under
paragraphs 2 and 4 (including any hearing under paragraph
6) with the jury and the public excluded.
6. Where the Court is satisfied –
(a) that the application was made in
accordance with paragraph 3 or 4 as is
relevant;
(b) that a copy of the application has been
given to the prosecutor, clerk of Court
and the Director of Public
Prosecutions; and
(c) that the evidence sought to be
adduced is capable of being
admissible under section 79,
the Court shall grant the application for a hearing and hold
that hearing, having allowed sufficient time for the
prosecution to consider the contents of the application.

LAWS OF GUYANA
100 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
Complainant
not
compellable.
Court’s
determination
and reasons.
Record of
reasons.
Publication.
7. The complainant is not a compellable witness at the
hearing.
8. At the conclusion of the hearing, the Court shall
determine whether the evidence, or any part of the evidence,
is admissible under section 79 and shall provide reasons for
that determination, and the reasons must state –
(a) where not all of the evidence is to be
admitted, the part of the evidence that
is to be admitted;
(b) the factors referred to in paragraph 1
that affected the determination; and
(c) where all or any part of the evidence
is to be admitted, the manner in
which that evidence is expected to be
relevant to an issue at trial.
9. The reasons provided under paragraph 8 shall be
entered in the record of the proceedings or, where the
proceedings are not recorded, shall be provided in writing.
10. (1) For the avoidance of doubt, no person shall
publish in any document, or broadcast or transmit in any
way, any of the following –
(a) the contents of an application made
under paragraph 2;
(b) any evidence taken, the information
given and the representations made at
an application under paragraph 2 or
at a hearing under paragraph 6;
(c) the determination made and the
reasons provided under paragraph 8.

LAWS OF GUYANA
Sexual Offences Cap. 8:03 101
L.R.O. 1/2012

Instruction to
jury.
s. 77
Factors that
Court must
consider.
(2) Every person who contravenes subparagraph
(1) commits an offence and is liable on summary conviction to
a fine of two million dollars.
11. Where evidence is admitted at trial pursuant to a
determination made under paragraph 8, the Court shall
instruct the jury as to the uses that the jury may and may not
make of that evidence.
PART II
PROCEDURE FOR APPLYING TO ADMIT EVIDENCE OF
SEXUAL ACTIVITY WHERE COMPLAINANT UNDER 16
YEARS OF AGE
1. Paragraphs 1 to 11 of Part I shall apply, except that
-
(a) under paragraph 1, the Court shall also take
into account the interest of society in
preventing child sexual abuse, and the
overriding duty of the Court to protect child
witnesses from inappropriate and traumatic
questioning;
(b) in place of the requirements of paragraph 3,
an application referred to in paragraph 2
must set out –
(i) details of the conviction of a third
party for criminal sexual activity
involving the complainant;
(ii) how the evidence is intended to be
used to show that inappropriate
sexual knowledge was not learnt from
the accused, or that the complainant
had a motive to lie; and

LAWS OF GUYANA
102 Cap. 8:03 Sexual Offences
L.R.O. 1/2012
(iii) the similarities between the evidence
sought to be adduced and the facts in
issue in the case, and why these
similarities are sufficient to cause the
evidence to have material relevance to
those facts.
___________________
Read Entire Law on legalaffairs.gov.gy