CARIBBEAN ADVANCED PROFIENCY EXAMINATIONS 2020

LAW UNIT ONE

PUBLIC LAW

General Topic: Sexual Offences

Candidate Name: Eriel De Souza

Candidate Number:

School: President’s College

School Code: 9

Year of Exam: 2020

Territory: Guyana

Teacher: Kevin Morgan

 Table of Contents

CONTENTS PAGE

Acknowledgement ……………………………………………………………...1

Hypothesis……………………………………………………………………………2

Aims and Objectives …………………………………………………………….3

Methodology………………………………………………………………………..4

Interview Sheet ……………………………………………………………………5

Findings ……………………………………………………………………………….6

Discussion of Findings…………………………………………………………..7

Recommendations ……………………………………………………………….8

Bibliography …………………………………………………………………………9
 Acknowledgement

The researcher would like to send her regards to a few persons. Firstly, to give praises to her
Almighty God for providing health and strength to complete this IA. Secondly, she would like to
give thanks to her teacher Mr. Morgan who guided her along the way in completing this
research and lastly her parents Marquita and Erenildo De Souza for financial support.
 HYPOTHESIS

Whether the laws of Guyana protect women from sexual harassment?

Yes. But only in the workplace despite the constitution expressly states that ….149(f)

1. Constitution
2. Sexual offences Act
3. Prevention of discrimination Act
 Introduction

From a young age, many women are societally conditioned to accept acts of sexual harassment
made against them. Basically, giving an excuse to the predatory behavior and classifying them
as jokes, compliments and harmless fun. What is the research about: This research is aimed at
determining whether women in Guyana are protected from discrimination in the form of sexual
harassment?

Sexual harassment includes the unwelcome sexual advances, requests for sexual favors, and other
verbal or physical harassment of asexual nature in the workplace or learning environment, according to
the equal Employment Opportunity Commission (EEOC).

Define each term and use authority (case, law dictionary, books, legislation, consitution) for definition.

Show that there is a social problem by citing at least two cases of SH from either Newspaper
article/research paper/statistics.

As such, WGEC noted that provision should be included in all employment situations. Meanwhile, the
report outlined that while Guyana has shown significant leadership by introducing laws that protect
women, there is little point in having a progressive legal framework if magistrates, judges, police officers
and public officials lack the resources to identify, arrest, try convict and punish offenders. President of
the Guyana Trades Union Congress(GTUC0, Coretta McDonald,highlighted struggles faced by women in
the fight to achieve gender equality.

Authors/ book- causes of sexual harassment: why men harass women, why women don’t complain

Long term effect of sexual harassment- source/ book

What the constitution states about women rights? What about the preamble

The PROTECTION AND FUNDAMENTAL RIGHTS AND FREEDOMS OF AN INDIVIDUAL article

149(F) provides that
Additional article on sexual harassment to drive home point (the Infamous Henry Green v the State of
Guyana case).

Restate aims and tell reader how you will conduct the research.

Methdoldogy

Quantitative method: Interview (Red Thread, Help and Shelter), questionnaire (Police women Cove and
John)

Qualitative: review legislation and case law, news articles.

Findings

Prevention of discrimination Act and sexual offences Act, and constitution, decision of Equality Tribunal
Trinidad (persuasive precedent) .

Examine relevant provisions

Discussion of findings

Conclude whether provisions falls within definition of sexual harrasmet; and if no, why?
Conclude whether Act makes SH a crime. Define a crime, discuss necessary elements and use
cases(actua reus reus and mens rea)

Tell us something about the penalties under, are the penalties weak. What are the (5) aims of
sentencing and whetehr aims can be achieved by the penalties.

Conclusion

Answer question? Is SH a crme? Are women protected: why are they not protected?

How can they be protected? What provisions should we have?

laws of Guyana protect women from sexual harassment examine the constitutional provisions of
sexual harassment in Guyana’s constitution

Sexual harassment by definition is the unwelcome verbal, visual, non-verbal or physical conduct
of a sexual nature committed against someone in a severe or pervasive manner.

The Prevention of Discrimination Act of 1997 section 2 provides that sexual harassment is:

“… unwanted conduct or a sexual nature in the workplace or in connection with the

performance or work which is threatened or imposed as a condition of employment on
an employee or which creates a hostile working environment for the employee.’’

Section 8 of the Act states that

‘’Any act of sexual harassment against an employee committed by an employer,

managerial employee or co-worker shall constitute unlawful discrimination based on sex
within the meaning of section 4. Guyana timidly protects against sexual harassment in
their anti-discrimination legislation. As such, it is right to point out sexual harassment
being a subset of violence against women, has not received the attention that it
deserves.

Officials of the woman ‘s Leadership Institute, a collaborative effort between the government
and the UNDP, asserted that sexual harassment was a significant problem. WLI reported that
while the problem is widespread, victims were reluctant to make official reports due to fear and
a lack of confidence in the legal system to deliver justice promptly.
In Bridgetown, Barbados, the Barbados Sexual Harassment Act was proclaimed in December
2017, it is formally known as the Employment Sexual Harassment/prevention Act/ESHA 2017.
Guyana should take this as an alarm to wake up and keep its people safe since both genders are
victims.

Aims & Objectives

Aims

 To examine the constitutional provisions of sexual harassment in Guyana’s constitution

 To ascertain that the constitutional provisions has an effective mode on accusers.
  To ascertain whether moral principles must be incorporated into the legal system for it
to function effectively.

Objectives

 To determine the Judicial trend in the Caribbean as it relates to sexual harassment

 To determine whether Guyana should amend its legislation for sexual harassment.