Females can be charged with rape

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Parent Category: Dec 2011

Category: Week ending Dec 24th, 2011

Published on Monday, 26 December 2011 11:36

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The law courts in Grenada could soon start hearings cases brought against females for committing the offence of rape as well as married couples who commit the offence to their spouses during separation or divorce.

This was disclosed during a panel discussion held last week under the theme: Challenging Sexual Violence Through Law Reform that was organized as part of the 16 days of Activism Against Gender Based Violence, which began on November 25.

Attorney-at-law, Crisan Greenidge, who is a Crown Counsel in the Office of the Director of Public Prosecutions, announced the recommended changes.

According to Greenidge, the proposed changes now make provisions for all gender - male or female, to be charged with rape, unlike the existing law, which caters only for males to be charged with the offence.

"A man can be raped by a woman based on the reform that we're proposing", she told participants.

"A man can rape his wife and likewise a woman can be charged for raping her husband", she said.

The attorney pointed out that "a husband or a wife who is guilty of the offence of rape is liable to conviction for a term of imprisonment not exceeding 14 years" under the proposed amendments to the law.

The offence will only apply if the act is committed within the separation or divorce stages of a marriage.

The Crown Counsel said that the recommendations were put together based on what was occurring in Courts as well as recommendations made by the relevant ministry and OECS Family Law Reform Consultant, Jackie Sealy-Burke, all of which were submitted to the drafting unit of the Ministry of Legal Affairs.

Another proposed change to the Criminal Code addressed was the "Honest Belief Defence".

Greenidge said that this defence is often used by grown men in the Courts when charged with a sexual offence against minors to persuade the Court that the victim made him believe she was over the age of 16.

Greenidge said that the recommendation is that the person who committed the offense must be no more than 18 years old at the time of the offense and should have no prior record of the same or similar offence and have reasonable cause to believe the other person was the same age or more to apply this defence.

The Statute of Limitation on sexual offences that stands at three months will also be struck out.

Changes to the Criminal Code will also see the broadening of the definition of rape to include oral sex, anal sex, and manipulation with toys that are not presently covered by law.

"Any person who has sexual intercourse with another person of any age without the consent of that other person or without believing that the other person consents to such intercourse or is reckless as to whether the other person consents or not, commits the offence of rape", Greenidge explained.

The reform also addressed an increase in the punishment for indecent assault, which presently stands at five years in prison as the maximum sentence.

The State Prosecutor said that the reform proposes ten years for indecent assault, rape and defilement of a female to 30 years instead of 15 years, and attempted rape to 20 years.

Greenidge disclosed that another recommendation is for the doing away of preliminary inquiries for such offences in order to deal with delays in the system.

As part of the reform of the laws, the term prostitution and the charges stemming from it, will also be broadened to include those trading, living on earnings as living from prostitution and persons maintaining or keeping a brothel.

Persons charged in this connection can attract imprisonment of up to ten years.

Local attorney, Anande Trotman-Joseph, who is a Consultant on Law, Governance and Rights welcomed the inclusion of gender balance in the reform of the law since studies show that not only girls are being abused but large number of boys are falling victims.

Trotman-Joseph recommended the criminalising of sexual harassment, since she sees it as the precursor to sexual offences.

In addressing the proposed criminalizing of females who commits sexual offences, she said that woman have been calling for equal rights, but should be reminded that with rights comes responsibilities.

"Women as well...have to remember to temper your own behaviour just as we ask the males in our society to temper theirs", she added.

The OECS Family Law Reform Consultant stated that law reform on its own will not remedy the situation of sexually abused victims, but it is a very important tool available to the State to deal with the situation.

Sealey-Burke, the wife of Finance Minister, Nazim Burke said that there is a serious problem with sexual violence in the region.

"Research shows that all CARICOM countries have higher than the global average per capital rates of sexual violence with three of the countries falling within the top ten in the world", she remarked.

Sealy-Burke disclosed that a recent PAHO study shows that 50% of the region's adolescence girls first sexual experience was forced or coerced in some way.

She said that in relation to Grenada specifically, the RGPF data suggests that the reported cases of sexual offences more than doubled between 2006 (103) and 2009 (222).

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