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The Guyana Human Rights (GHRA) Association in a blistering critique over the authorities handling of Minister Nigel Dharamlall alleged rape case demands the matter goes to trial. In a statement the body noted the announcement that the victim is withdrawing her statement is clearly the end result intended from the outset by his political defenders.
According to the GHRA the action and inaction of politicians at every step of the way in this matter have been deferential to the offender rather than the victim. “Offender-deference dictated the choice of the Child Care & Protection Agency to ‘protect’ the child, effectively isolating her from the care, protection and legal support she required, while making her available and vulnerable to those seeking to change her mind.”
Broadsiding the government for putting political interest over the public’s interest the organisation made known that had the government acted to the contrary the minister would have gone already, rather than ensuring his princely salary will be continued.
Deep concern was expressed with the ease with which Government leaders tolerate disreputable behaviour; “whether this be VICE News allegations of corruption, lucrative jobs for cronies or the dealings with the United Arab Emirates – among the most disreputable of the Gulf States in matters of sex trafficking and gold smuggling.”
The body also noted sexual assault cases involving young indigenous girls in Guyana are widespread, systematic and rarely prosecuted, a conclusion the forthcoming Commission of Inquiry into the Madhia dormitory fire will likely reveal.
Turing attention to the rape, the organisation said the biggest challenge in prosecuting rape cases is fear. The challenge “includes fear of publicity; fear of impact on marriage prospects; fear the offender will not be found guilty; fear that the police, witnesses and court officials will accept bribes; fear of not being believed; fear rooted in ignorance of the court process; fear of interference with evidence, witnesses and juries; fear rooted in abusers being family or acquaintances; fear of cross-examination; fear of harassment from the perpetrator and his family.”
Such fears GHRA noted has effectively quelled momentum for change from the side of the victim. The cumulative effect of fear is trauma primarily in victims, but also in their families and in the larger society, which if untreated by sensitive professional services remains with the victim for life, the body warned.
The full text follows:-
‘Public Interest’ Demands a Trial in Dharamlall case
The announcement that the victim in the Dharamlall rape allegations is withdrawing her statement is clearly the end result intended from the outset by his political defenders. The description on social media of the sixteen-year-old indigenous girl ‘looking exhausted’ should have the highest Government officials in this country hanging their heads in shame. Regardless of the eventual outcome of this saga, the Guyana Human Rights Association (GHRA) is calling for the implementation of a Safeguarding Policy in every organization in the country.
The action and inaction of politicians at every step of the way in this matter have been deferential to the offender rather than the victim. Offender-deference dictated the choice of the Child Care & Protection Agency to ‘protect’ the child, effectively isolating her from the care, protection and legal support she required, while making her available and vulnerable to those seeking to change her mind.
Despite unprecedented public revulsion over the incident, Government leaders continue to see nothing in the pattern of Dharamlall’s behaviour that even merits a rebuke. This non-reaction has all the hallmarks of the suspect being in a position to embarrass others if action were taken against him.
In jurisdictions less complacent than ours about sexual assault, police acting professionally would have encouraged the victim not to give up. In this case there are grounds for suspecting political action was geared to the exact opposite. Efforts by the Guyana Police Force to defend its professionalism would be more convincing were they accompanied by a clear explanation of their involvement at every step of the way, particularly the actions of Region Two Police authorities.
The DPP has two lines of enquiry to pursue in determining whether to lay charges in a case: the first focused on the reliability and credibility of the evidence collected by the Police and delivered to her. The second consideration, however, relates to whether prosecution of a particular case is in the public interest. Public interest concerns, as set out in the Code for Prosecutors in Guyana, must take into account such matters as the age of the victim, whether a relationship of trust existed between offender and victim, whether the victim’s race or financial circumstances were relevant.
Any evidence of such motivation renders a prosecution more likely. Public interest considerations in not holding a trial usually turn on whether the victim would suffer greater harm from a trial. Public interest considerations in the Dharamlall case point heavily in support of the need for a trial: the imbalance in power, the indigenous background and age of the victim together with a prior record of publicized instances of public sexual harassment and humiliation of women all encourage this conclusion. Sexual assault cases involving young indigenous girls in Guyana are widespread, systematic and rarely prosecuted, a conclusion the forthcoming Commission of Inquiry into the Madhia dormitory fire will likely reveal.
Of equal importance to the public interest aspect of the judicial process in this case is the complete absence at the political level of public interest concerns. Both the President and Vice-President responded to the incident as if political morality is irrelevant. Hand-wringing and the offers of help do not disguise their failure to condemn the act, suspend or dismiss the Minister and, in addition, demand that the Speaker of Parliament abandon his spineless dodging when confronted with incidents of sexual harassment in Parliament. Were the charges to be dismissed, are the women in Government and the women with whom the Minister interacts on a daily basis expected to treat him as a fit and proper person for public office?
Were the public rather than party interest operating in the political sphere the Minister in question would have gone already, rather than ensuring his princely salary will be continued. The ease with which Government leaders tolerate disreputable behaviour is deeply concerning: whether this be Vice News allegations of corruption, lucrative jobs for cronies or the dealings with the United Arab Emirates – among the most disreputable of the Gulf States in matters of sex trafficking and gold smuggling. What does Guyana have to learn from a country whose population is 10% emirate-born and 90% foreign workers?
The biggest challenge in prosecuting rape cases is fear. It includes fear of publicity; fear of impact on marriage prospects; fear the offender will not be found guilty; fear that the police, witnesses and court officials will accept bribes; fear of not being believed; fear rooted in ignorance of the court process; fear of interference with evidence, witnesses and juries; fear rooted in abusers being family or acquaintances; fear of cross-examination; fear of harassment from the perpetrator and his family. Such fears effectively quell momentum for change from the side of the victim. The cumulative effect of fear is trauma primarily in victims, but also in their families and in the larger society, which if untreated by sensitive professional services remains with the victim for life.
A professional policing approach to combatting the reality of a victim not wishing to press charges would be to point out that the support from the police remain still on offer. The offer can extend to clothes being stored and evidence kept in a freezer in case they change their mind. The contrasting sad reality in Guyana is that credibility of the engaged Agencies is so low, they are reduced to creating a demeaning video of her retraction.
Introduction of Safeguarding Policies in every organisation in the country should be the priority response to this incident. Such policies are increasingly required in countries where sexual abuse scandals have taken place. The Safeguarding Policy must be prominently placed and accessible by all staff and visitors. A Safeguarding Officer (whose name is displayed in the Notice) is appointed to manage and enforce the policy and is ring-fenced from retaliatory action. Every governmental, business, sports, religious, NGO, social and educational institutions must conform to the policy or suffer automatic remedial action. The Government of Guyana’s credibility, particularly its female members, rests on whether they will support implementation of such a policy.
