Police could jeopardise juvenile justice initiative, Deputy Director

Police disagreement with the definition of rape in the Sexual Offences Act influencing the new
legislation governing the Juvenile Justice Programme can jeopardise its progress warned Deputy
Director Andre Josiah Gonsalves.
The Deputy Director noted that despite the enormous work that had been done for almost two
decades with regards to the Sexual Offenses Act, the police continue to object especially in
relation to how rape is defined and spelt out in the new Act.
Ms Silvie Fouet, United Nations Children’s Fund (UNICEF) Country Representative here last
year lauded Guyana’s efforts to modernise its laws governing sexual crimes. Fouet noted then
that “Guyana should be very proud of its way of handling the sexual offences court and the
sexual offences Act.”
However, according to Gonsalves, the police maintain a different view although the new laws
have been in effect since April 2010.
According to the 2010 Sexual Offences Act, a sexual offence is any sexual violation on an
individual that includes rape, and any other form of sexual assault, such as touching or causing
the complainant to touch a third party in a sexual way.
“So, though they (the police) are performing their duties you may want to question how many
cases that they let go or they deliberately turned a blind eye to because they don’t agree with the
way the Act defines rape,” Gonsalves emphasised.
The self-imposed estrangement from the new Act by law enforcement officials is likely to
increase challenges by the government to reform the sector, hence the need for attitudinal
changes, Gonsalves counselled.

He said there is also a need to shift from the traditional punitive posture to juvenile justice and
embrace reform and reintegration which are more cost effective.

“I learnt through this entire process how to take a piece of legislation and give it a value and I
want to say that is priceless. The bill has been quantified at almost $850M”. The cost will climb
if the country maintains it focus on punishment rather than change for the better.

Changes must include restorative justice, including mediation and an aggressive public education
on juvenile justice to help protect the rights of juveniles.
“Whatever diversion programmes we use, it has to be programmes that are currently existing and
all we do is give it some structure, because you would have already buy-in,” Gonsalves said.
Gonsalves relishes his policy portfolio but his displeasure is with some of the laws vulnerable to
challenges when the Juvenile Justice Programme comes fully into operation without the benefit
of local criminal sociologists.
“This is a very technical field and it’s also a combination of two major fields coming together as
one because you are expected to go very deep into that child’s mind to determine if they are truly
capable of premeditation, Gonsalves said
He continued: “The bill brings a revolutionary approach here in Guyana and this will see the
views of many in terms of reintegration being changed which will also cause many persons to
view Guyana differently.”
The change of perception will be preserved on corrective behaviour for incarcerated juveniles;
programmes to enhance their self-esteem and correct personality disorders, Deputy Director
Gonsalves predicted.
Juveniles targeted in this programme will include those charged with simple larceny and
kleptomaniacs, Gonsalves said.
Andre Gonsalves is the Deputy Director of the Juvenile Justice Programme with responsibility
for Policy. He is also the Department’s Human Rights Specialist.