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The widespread indignation generated nationally and abroad by the incidents surrounding ex-Minister Nigel Dharamlall, needs to be mobilised to rehabilitate disordered power relationships affecting women and girls in Guyana. So said, the Guyana Human Rights Association (GHRA). In a blistering statement the body condemned sexual violence towards younger females in Guyana, which “is nothing short of epidemic.”
Dharamlall, who headed the Ministry of Local Government and Regional Development, is accused of raping and sodomising a minor and forcing her to have oral sex with him. The 16-year-old student, who is from the indigenous community, was part of an indigenous pageant last year and sponsored by the ministry. The incident reportedly happened last December. The police has since dropped the case on the advice of the Director of Public Prosecutions, Mrs. Shalimar Ali-Hack S.C, an advice that has attracted widespread condemnation.
The GHRA noted sexual violence with young females is to be found in families between older male relatives and young girls, between female students and teachers, religious leaders, rapacious landlords, exploitative employers and abusive boyfriends and school-girls being enticed by lunch money and rides in cars from big men. These relational dimensions anchor women in situations of abuse, exploitation, fear and ignorance. The common factor in all these relationships is the imbalance in power, the human rights organisation warned.
A combination of party paramountcy and chauvinist culture appear to have successfully gotten rid of the allegations, it is not yet clear whether tables will be turned and the alleged victims charged with false allegations. Acknowledging the apparent injustice of the matter, where the 16-year-old victim has been vulnerability has been furthered exposed and a clearly orchestrated and executed effort at denial and retraction, GHRA pointed out that “no other single incident has so clearly exposed the fragility of women’s rights in Guyana.
GHRA noted the general public was scandalised by responses ranging from spineless leadership to callous indifference and disregard for the emotional needs of the victim. The central priority of sexual violence cases, namely the welfare and emotional needs of the victim, were replaced by isolation and detention.
The incident in question, it has been noted, was a major test of the extent to which the reforms introduced by the Sexual Offences Act of 2010 had been internalised and become part of the culture of the legal, welfare and judicial institutions.
“That Act promoted creation of the Child Welfare Centre, the abolition of Preliminary Inquiries (PI) – the tedious testing in Magistrates courts of whether sufficient evidence existed for a trial. PIs had deteriorated to time-wasting, victim-baiting opportunities for lawyers. Eventually, a specialized Sexual Offences Court came into being and the treatment of victims more professional and sensitive – use of rape kits, counsellors and women officials became more prominent in both police stations and court proceedings.”
To this end the rights body questioned how over the interim decade did we get from this progress in managing of sexual violence cases to the national shamefulness of the Dharamlall matter? Calling for answer(s) GHRA said “a response to this question needs to start with a realization that the problem of sexual violence in the society is far more pervasive and widespread than the matters that reach to court. Reforms of the legal system response to sexual crimes only take effect once the victim has set the process in motion by making a report.”
Zeroing further on the matter, GHRA noted the vast majority of victims of sexual violence are vulnerable by reason of age, poverty, social class, mental health, alcohol, drugs and isolated villages, noting their cases do not reach the legal system.
It goes on to note the following:
“As a confrontation between the strength of the rights of women in Guyana versus political, religious or economic values of patriarchy, this was no contest.
“Among the many lessons to be learned from this saga, one that looms large for the GHRA is the extent to which progress in the status of women has been built on the misleading premise that the empowerment of women can be achieved without the disempowerment of men. This encourages the illusion that empowerment is infinitely expandable and does not require confronting the myths and prejudices that make patriarchy so enduring.
“Too many aspects of the case in question have been deliberately obfuscated and confused to draw firm conclusions. However, the over-all deterrent effect on young women coming forward to register rape complaints in future will remain the abiding signal contribution undermining women’s rights to bodily and mental integrity.”
GHRA opined the incident is a wakeup call to all organisations who provide ‘technical’ support services to victims of sexual violence to adopt a more robust, rights-based approach to their work, other sections of society were also called to action.
“For the rest of us, it is clear that while acknowledging the improvements needed in the legal and judicial systems, the fundamental concern must be the welfare and well-being of the large number of vulnerable women and particularly girls who will not benefit from the judicial system until rights of women are available to all.
“For the police and prosecution, and the population at large, the goal of a successful prosecution in rape cases is a conviction. For the rape victim, on the other hand, a successful outcome is primarily a matter of restoring her self-belief, safety, well-being and a vindication that she is not a liar. The major problem for the victim is the extent to which she is willing to risk her future welfare and well-being when setting the process in motion by reporting to the police. No other crime depends on the consent of the victim so completely as those involving sexual violence.”
