The government of Guyana has introduced a new Family Violence Bill to expand protections for persons who face abuse in family relationships. Notably, the bill uses more progressive language and expands definitions to include protections for people in different types of relationships, including same-sex.
Notably, the language of the proposed legislation does not refer specifically to same sex relationships. However, the government said in an explanation of the Bill that definitions have been configured to extend protections to such groups.
The definition of family member is inclusive. It encompasses spouses, cohabitants, relatives, children, individuals with whom someone has or had an intimate personal relationship, and even those considered family under contemporary social practices. This inclusivity ensures that protections are extended to various non-traditional family structures, which implicitly covers same-sex relationships.
The Bill is also progressive in its definition of family violence as it seeks to replace the Domestic Violence Act. There is a shift from the limited definition of domestic violence to a broader concept of family violence. Domestic violence was traditionally recognized as occurring between current and former partners in intimate settings. The new legislation expands this to include other categories of persons, including extended family members.
Family violence behaviours outlined in the bill include assaulting or threatening to assault a family member, sexually coercive behaviours, damaging a family member’s property, depriving a family member of their liberty, and causing or threatening harm to an animal to control the family member. Importantly, the Bill states that such behaviour may constitute family violence even if it does not amount to a criminal offence.
A wide array of behaviours is covered too. Economic abuse is defined as the deliberate withholding or threatening to withhold financial support necessary for the reasonable living expenses of a victim or dependent children. Emotional or psychological abuse includes behaviour that intimidates, harasses, or offends the victim.
Sexual abuse under the proposed legislation includes any sexual conduct that abuses, humiliates, degrades, or otherwise violates a person’s sexual integrity. It also covers “revenge porn” which is the sharing of explicit media of a former partner to humiliate them.
The government has been progressive in its drafting of new legislation where sexual and gender minorities are concerned. The administration of public services, such as healthcare, also continues to be refined to be fairer and to cater for the unique needs of these communities.
Guyana’s Constitution is often regarded as one of the most progressive and comprehensive in the region. However, there are sore spots in colonial era law that criminalize intimacy between men, though they are not enforced. The law had criminalized ‘cross dressing’ but the Caribbean Court of Justice (CCJ) ordered in 2018 that the law be struck down. The government did so in 2021.
The Society Against Sexual Orientation Discrimination (SASOD) has advocated for the inclusion of sexual orientation, gender identity, and gender expression, in the Prevention of Discrimination Act to protect against discrimination on these grounds, similar to protections based on sex and religion.
