D.P.P explains different sex offences
The prosecution of Douglas Hyde and other cases of sex related offences raises the question of why various alleged acts, which all seem to fit the general description of rape, are often prosecuted under different headings. News 5’s Janelle Chanona today spoke to Director of Public Prosecutions Kirk Anderson, and asked him to explain the distinctions in the law.
Kirk Anderson, Director of Public Prosecutions
“Rape arises wherein a male person has sexual intercourse with a female without her consent. It can only occur as between the male having intercourse with the female without her consent. The criminal code act of Belize does not seem to allow for it to happen in the other way, i.e. a female having intercourse with a male without his consent. So it’s a very gender biased law in that sense. But that is the law when it comes to rape.
When it comes to unlawful carnal knowledge of a girl, that relates to having intercourse with a girl who is between the ages of fourteen and sixteen years. In that circumstance, the law prescribes that is considered as the crime of unlawful carnal knowledge, whether the girl consents or not.
A similar situation applies with respect to carnal knowledge of a child and a child is basically defined as anyone under the age of fourteen years. And in that circumstance, once sexual intercourse is that with a child under the age of fourteen years, then that constitutes the carnal knowledge of a child.
Indecent assault arises wherein a person puts another person in fear of being subjected to an unwanted touch of his or her person and does that in an indecent, typically sexual way.”
Janelle Chanona
“Looking at the list of cases you all will be pursuing in the Supreme Court in later sessions, these types of charges are extremely prevalent. What is your office going to be doing to make sure justice is served where it needs to be?”
Kirk Anderson
“One of the things that we’ve just begun to do is to let the Family and Children Offices and the Human Welfare Department, know when it is that we have a case whereby either the complainant or the complainant’s mother or father as the case may be are telling us that they don’t wish to pursue it. So we would at this stage, let the relevant family authorities know of that so hopefully they can counsel and change these persons minds before the trials actually is expected to commence.”
