By Francis H. Murray
The Chief Justice of Sierra Leone, Justice Desmond Babatunde Edwards, has instructed all judges across the country to adopt and administer the Sexual Offences (Amendment) Act NO.8, 2019.
In a memorandum issued on January 6th to judges, Justice Edwards states that judges must administer the compulsory sentence as provided for by the newly adopted sexual offences Act.
The said amendment which was made to provide for increase in the minimum penalty for rape and sexual penetration of a child from fifteen years (15) to live imprisonment, does not only enforce the introduction of the new offence of aggravated sexual assault but also provides the alternative conviction of aggravated sexual assault.
‘‘WHEREAS by the Sexual Offences (Amendment) Act No 8 of 2019 the Sexual Offences Act No 12 of 2012 was amended to make provision for the increase of the maximum penalty for Rape and Sexual Penetration of a child from 15years imprisonment to a sentence of life imprisonment and to make provision for not only the introduction of the new offence of aggravated sexual assault but also the alternative conviction of aggravated sexual assault’’ the memorandum states.
Last year has been described by many as the worst time ever in the country’s history for women and girls. The amendment which was passed in October was geared towards tackling the surge of sexual offences like rape and sexual penetration.
The Chief Justice’s instruction is in fulfilment of section 7 of the Sexual Offences Act which provides for the amendment of Section 42 of Sexual offences Act 2012 by insertion of the new section.
The new changes introduced in the sexual offences act range from the increase in penalty rates. Introduction of the offence of aggravated sexual assault, to life imprisonment for adult offenders.
According to the guidelines issued to judges on the 7th January 2020, it defines ‘‘a child offender’’ as any sexual offender found guilty who’s between the ages of 12-17 years, a ‘‘young person offender’’ as any sexual offender found guilty who’s between the ages of 18-23 years, and ‘‘an above the age of youth offender’’ as any sexual offender above 23 years.
The sentencing guidelines by Edwards states also that if a child is found guilty of rape of another person, or guilty of sexual penetration of another child, or guilty of sexual assault under the said laws, the minimum penalty for the offence will be five (5) years imprisonment while the maximum penalty will be fifteen years (15).
Although the minimum penalty for rape, sexual penetration and sexual aggravated assault is five years (5) years, the penalty could be increased if the offence is committed in the company of other persons or if the offence immediately before, during or after was committed with or threatened to use weapon or if the victim received bodily harm immediately before, during or after the commission of the crime.
The same could be said if the victim is restrained before or after the commission of the offence, or if the defendant is a member of the same family as the victim, or if the victim is in a mental or physical disability or if impregnated and if the victim is found to have contracted a sexually transmitted disease.
The guidelines also highlight several other issues and gives directives on them. Judges across the country are now expected to use these guidelines in trying cases in front of them.
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