Sexual Offences Courts reduce insensitive treatment to victims of sex crimes – Chancellor

The establishment of specialised courtrooms to handle matters pertaining to sexual offences has significantly reduced the often insensitive treatment and victimisation or re-traumatisation of victims of such crimes, according to Chancellor of the Judiciary Justice Yonette Cummings-Edwards.

This was revealed by the woman who stands at the helm of the Judiciary in remarks to commemorate the third anniversary of the Sexual Offences Court in Georgetown which was established on November 13, 2017. Two years later, in 2019, similar courts were established in Berbice and Essequibo.
Justice Cummings-Edwards pointed out that as victims of sexual assault seek access to justice, some have with great reluctance, recounted their experiences in court. She noted that some victims have refused to seek justice because of unpleasant experiences.
But apart from the ordeal of being sexually violated, the Head of the Judiciary pointed out that it seems that the instigative and adjudicative environments have a great role to play.
“During the investigative process, victims have had to give statements to the police. If charges are laid, the victim has to relate the same story before the Magistrate’s Court and the public and more often than not before a Judge, jury, members of the public and at all times in front of the accused/defendant.”
Justice Cummins-Edwards further noted, “Some virtual complainants have described the giving of statements and testifying as an ordeal. Some have said it is very traumatic. Others have said that they have to relive the harrowing experience even as they seek justice. In some cases, they have opted not to testify to save themselves from embarrassment, shame and ignominy.”
According to her, Parliament, in recognition of this fact, promulgated laws to assist victims as they testify and relive the burden and demands of a trial. The Sexual Offences Act of 2010 makes provision for the establishment of a Sexual Offences Court.
She said that the specialised courtrooms cater to the needs of both victims and defendants and allow for special measures for witnesses to testify.
“This is perhaps the most outward-looking and progressive of all the legislative measures,” the Chancellor related. She explained that this legislative intervention provided for in-camera hearings ie (exclusion of the public from hearings), the anonymity of the victims, especially in reports carried by the media, among others.
Though this provided a glimmer of hope in terms of the victims being confident or not so afraid or ashamed to testify, Justice Cummings-Edwards pointed out that it was not enough since the reporting rate of offences was still low compared to the rate of commission.
According to her, the physical settings of the court include the use of screens for vulnerable and intimidated witnesses to prevent them from seeing the accused while giving evidence. She said that the witness must, however, be visible to the Judge, jury and defence counsel.
The courtrooms have an audiovisual live link (or close circuit TV) which enables the witness to give evidence during the trial from outside the court through a televised link to the courtroom. The Chancellor added that the trial Judge can direct attorneys to remove their gowns while a vulnerable witness is testifying.
The courtrooms also cater to the examination of a witness through a sworn intermediary to assist the witness to give his or her evidence. The intermediary is allowed to explain questions or answers so far as necessary to enable them to be understood by the witness or person in question.
The Sexual Offences Courts also allow for the use of anatomically correct dolls for taking evidence from children who may have difficulty verbalising the details of their assault.
Justice Cummings-Edwards informed that the courts provide for the integration of all social workers and care providers, forensic interviewers and other stakeholders in the criminal justice system to reduce the often insensitive treatment of victims of sexual offences and reduce secondary victimisation or re-traumatisation of victims.
“The input of psycho-social services and counselling by social workers/probation officers and others must be hailed as these personnel understand the dynamics of society and the vulnerability of marginalised groups and can assist both victims and accused persons,” she added.
“The Sexual Offences Court has adopted an integrated approach among all stakeholders in the criminal justice system to improve the adjudication and delivery of justice. This court aims to respond to have faster disposal of cases in an environment that respects the privacy and the dignity of victims. It employs special measures to aid witnesses in giving their testimony.”
The Chancellor noted that the Judiciary is reminded of the fact that “courts exist to do justice between the litigants, through balancing the interest of an individual litigant against the interest of litigants as a whole in a judicial system that proceeds with speed and efficiency” as noted by former Judge of the Caribbean Court of Justice (CCJ), Michael De La Bastide.
“In so doing we help to enhance social order, maintain the rule of law, ensure due process of law and provide for equal protection of citizens. We are committed to ensuring access to justice and to keeping the wheels of justice turning,” said Justice Cummings-Edwards in concluding.
The Sexual Offences Courts were established through a collaboration between the Supreme Court of Judicature Guyana, UNICEF, Social Protection Ministry and the Jurist Project, all long-standing partners of the court.
Funding for these modern, survivor-friendly courtrooms was donated by UNICEF.