The alleged details of the police handling of this rape allegation raise serious questions

Dear Editor,

The shocking and tragic loss of an 18 year old Guyanese student, allegedly raped, then allegedly revictimized by members of the Guyana Police Force raises serious questions which need to be answered. Firstly, according to SN reports, the alleged rape was reported to Cove & John Police Station by the 18 year female student the day after the incident occurred. The Cove & John Police Station is the largest, and main police station, on the East Coast of Demerara. It is where the Commander for the Division has his office. So the question is how, at the best resourced, largest police station on the East Coast, where the Commander of the Division sits, such alleged violations of protocols, investigation, best practices, basic knowledge and understanding of the Sexual Offences Act and human decency allegedly could have taken place. Secondly, why was the taking of reports and interview of victims allegedly not carried out in a private room or space where the victim could not have been overheard? Thirdly, why was a confrontation allegedly facilitated by the Cove & John police between the victim and the alleged perpetrator? The Sexual Offences Act, SOA, clearly states that confrontations between complainant and accused are unlawful. Complainants should never be in the presence of the accused, or other witnesses for the accused, unless for an identification parade by way of audio-visual link, two way mirror or other means whereby the accused cannot see the complainant. Have the police ranks and police officers of the Cove & John Police Station not received any training on the SOA? As these violations means this evidence would not be allowed in Court. Fourthly, the previous sexual history of a victim of rape and other sexual offences, according to the SOA, is only allowed in court in restricted circumstances, and evidence of the complainant’s sexual activity or reputation is restricted. That the Cove & John police officers allegedly not only violated the rights of the victim under the SOA by facilitating a confrontation, but then allegedly violated the right of privacy of the victim, and the restriction of use of sexual activity or reputation of victims’ as set out in the SOA.

Fifth, according to the SOA there are a number of conditions under which it will be presumed that consent to sexual activity was not given, including if victim/survivor agreed but then changed their mind and by words or conduct expressed their lack of agreement to the activity continuing. However, according to SN reports, it was the alleged rapist who allegedly spun a story about alleged consent not the victim. There is reported evidence that the 18yr old young woman texted her friends about the rape soon after it occurred, she secured evidence of rape as best she could, and she reported the rape to the police. The Cove & John police were also allegedly in possession of the victim’s phone where the messages about being raped were recorded in real time soon after the alleged rape took place. The Police would also have access to the medical report which may have indicated physical trauma consistent with forced sex. Sixth, rape is classified as a major crime all over the world. It is one of the worst violations of human rights, and its effects are traumatic and widespread and long lasting on the physical and mental health of victims and survivors, including increased risk of sexual and reproductive health problems, HIV, STI infections, anxiety and depression, suicide, post-traumatic stress and panic disorders feelings of shame and fear. Many survivors of rape and sexual assault feel frightened, guilty, powerless, angry, ashamed, depressed and numb and experience a loss of self- confidence. Survivors of rape find it difficult to eat, sleep or concentrate on school or studies. Sometimes there can be a long gap between the time of the sexual violence and the emotional reaction. Some survivors will find it difficult to talk about the rape or sexual assault, and this may be even more difficult in the case of a young person. Support and understanding from family members and help from trained counsellors are essential. According to reports, the Cove & John police who were responsible for taking the report of rape, allegedly showed little to no sensitivity whatsoever for the victim but instead allegedly increased the trauma and psychological stress and distress of the victim. This is not only a violation of victims’ rights, but appears to be an inexplicable failure of the police force to conduct themselves professionally, sensitively and impartially.

Seventh, it is high time that all police officers in Guyana are trained and have the necessary information and referral lists to ensure that victims of rape and other sexual offences are referred as soon as possible to professional counselling and other forms of therapy which will help them to cope with the trauma of sexual violence. The SN report raises issues of license, latitude and possible corruption among officers allegedly involved in the case of the 18 yr old student allegedly raped, already traumatized, then allegedly re-traumatized and re-victimized by those whose job it is to professionally investigate all reports of rape and sexual violence, institute charges based on advice from the DPP and have the matter go before the Courts of Guyana for hearing, judgment and penalties. This incident is such a terrible violation and tragedy, firstly for this young barely 18 yrs young woman, who was raped. Rape is a brutal act, let us not forget that fact, the trauma of rape stays and the ability to overcome and cope depends on therapy and the support of family, friends, a caring community and society and State agencies whose duty it is to professionally and competently investigate, enforce the law and prosecute rape and sexual offence matters. The suicide of this young woman in the prime of her life is a double blow to her family and friends, and all who knew her. What we know is that every suicide is preventable. The re-victimization, the trauma of sexual violence, the cruelty and sensationalizing of the issue on Facebook and social media posts, and the internalizing of the pain and trauma of other family members pushed this young women over the edge.

To families and friends of victims and survivors of rape and other sexual offences, it is important to support the survivor, let them know that the violence done to them is not their fault. Anyone who rapes, purposefully commits that act and must be held accountable. This victim blaming of women and girls for their own sexual violations is a travesty, and must end and be condemned. In marking 16 Days of Activism for the Elimination of Violence against Women and Girls, let us honour this young woman, let us not forget, or make excuses about how the system failed her and her life full of promise and

dreams. Let us ensure that those responsible and those who played a part in the tragic circumstances of Tonika’s death be made to experience full accountability. An independent and comprehensive investigation must be carried out into the circumstances of the rape and death by suicide of this young woman, and appropriately penalties be instituted. It is high time that the laws of Guyana be changed so that crimes of rape, sexual violence and other forms of GBV be prosecuted, even if victims die from these crimes. Too many women and girls in Guyana are being raped and sexually assaulted on a daily basis. Time to end rape culture in Guyana, time to end impunity from sexual violence crimes by perpetrators, their supporters and agents of the State.

Sincerely, Danuta Radzik