Charges before the Sexual Offences Act was passed

Breakdown of the Sexual Offences Act

Last week we examined Section 38 of the Sexual Offences Act, Chapter 8:03, Laws of Guyana (SOA), which removes the presumption that boys under the age of 14 cannot be held guilty of rape.

Before this law, boys under the age of 14 were considered sexually incapable and therefore incompetent to act sexually. This meant that they could not be charged or tried for rape, even if there was evidence of it.

Section 38 repealed this legal situation. This means that boys under the age of 14 who are accused of sexual acts without their consent are now treated in the same way as all other boys who commit another crime, according to the Youth Justice Act.