In a new study Without Conviction: Sexual Violence Cases in The Guyana Justice Process the Guyana Human Rights Association (GHRA) shows an average conviction rate of 1.4% in rape cases compared to rape reports originally made to the police (9 convictions out of 647 reports) over the years 2000 – 2004. This average figure disguises a trend which is even worse. The conviction rate for 2000, the first of the five years, was 0.9% (1:117) while that for the final year, 2004, was 0.6% (1:154).

The fact that far more accused were released than found guilty is not the main problem, but rather that only 3% of the original complaints made it to trial. Why the remaining 97% dropped out of the judicial process is the central focus of the study. An over-all attrition rate of 97% effectively means the judicial system in matters of sexual offences crimes no longer functions. Since 79% of cases are out of the system by the end of the Preliminary Inquiry, the main areas of concern of the study are the processing of complaints by the police and the Magistrates courts.

This is not to say that concerns over the High Court segment of the judicial process do not give serious grounds for concern, but that ultimately less persons are affected and the average conviction rate (44%) in cases that reach trial stage, are relatively high. The 44% average figure breaks down into 50% of convictions (6 of 12 completed trials) in Demerara and 38% (3 of 8 completed trials) in Berbice.

Since no guilty verdicts were recorded in the three trials for carnal knowledge offences, that is, sexual intercourse with girls under the age of 13 years, the conviction rate for the 2000-20004 period for this crime is zero. Given the overall picture for carnal knowledge and rape offences, it is valid to draw conclusions about sexual violence offences in general.

Sexual violence crimes against women in Guyana are escalating: a rise of one-third in rape reports (117 to154) occurred between 2000-2004 and a sixteen-fold rise in statutory rapes (2 to 34). While such increases are sufficient reason for alarm, even more disturbing is to discover how little protection the administration of justice provides against this menace. As indicated in the relevant portions of this Report, deficiencies and weaknesses in the justice system are partly accounted for by lack of qualified professionals, inadequate resources to train and remunerate officers and staff, along with out-dated systems and practices, all of which still prevail in the Guyanese courts.

However, these obstacles to effective delivery of justice pale in comparison to the challenge posed by the unreconstructed chauvinism of the legal culture in Guyana. The judicial process is an experience frequently as traumatic for the victim as the original sexual violence. Rape survivors are bewildered by the coldness, suspicion and humiliating treatment they must experience. Not only, therefore, are they unlikely to win their cases, they can expect to undergo a process of re-victimization. The major challenge, therefore, to improving the conviction rate for sexual violence crimes, is to create the conviction among those responsible for the administration of justice that sexual violence crimes are serious offences.

Statistics on which Without Conviction is based were provided by the Criminal Investigation Division of the Guyana Police Force and the High Court Registries in Demerara and Berbice. The GHRA wishes to record its appreciation for their co-operation and also to those survivors of rape and statutory rape assaults and their families whose views are recorded in the Report.

Without Conviction aims to raise public awareness over the low level of legal and judicial protection against sexual violence available to women and girls. Additionally, it aims to educate the average citizen how the judicial system operates in practice. Recommendations in the Report provide an agenda and tools for advocacy for those interested in creating a more effective judicial response to sexual violence.

The 60-pages report is available from the Guyana Human Rights Centre at $500. Email ghra_guy at networksgy.com