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Guyana

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape and domestic violence. The law provides stringent penalties for rape, with life imprisonment as the maximum penalty. There were reports of successful prosecution of cases of rape. Successful prosecution of domestic violence cases was infrequent.

Domestic violence and violence against women, including spousal abuse, was widespread. The law prohibits domestic violence and allows victims to seek prompt protection, occupation, or tenancy orders from a magistrate. Penalties for violation of protection orders include fines up to 10,000 Guyanese dollars ($47) and 12 months’ imprisonment. There were reports of police accepting bribes from perpetrators and of magistrates applying inadequate sentences after conviction.

Sexual Harassment: The law prohibits sexual harassment in the workplace and provides for monetary penalties and award of damages to victims. The law does not cover harassment in schools. Acts of sexual harassment involving physical assault are prosecuted under relevant criminal statutes. While reports of sexual harassment were common, no cases had been filed as of November.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Although women enjoy the same legal status and rights as men, gender-related discrimination was widespread and deeply ingrained. The law prohibits discrimination based on gender, but there was no meaningful enforcement against such discrimination in the workplace. Job vacancy notices routinely specified that the employer sought only male or only female applicants, and women earned approximately 61 percent less than men for equal work.

Children

Birth Registration: Citizenship is derived by birth within the country’s territory or by birth to a Guyanese citizen abroad. The law requires that births be registered within 14 days but also provides for registration of births after the 14-day period. Births at hospitals and health facilities were registered within a day of delivery.

Child Abuse: The law prohibits abuse of children, including physical abuse, sexual abuse, and sexual exploitation. There were frequent, widespread reports of physical and sexual abuse of children. As with cases of domestic abuse, NGOs alleged some police officers could be bribed to make cases of child abuse “go away.”

Early and Forced Marriage: The legal age for marriage is 18, but boys and girls may marry at age 16 with parental consent or judicial authority. UNICEF reported that 30 percent of women were married before age 18, and 4 percent of girls were married before age 15.

Sexual Exploitation of Children: The age of sexual consent is 16. By law a person who has sexual relations with a child younger than 16 may be found guilty of a felony and imprisoned for life. There were continued reports of children being exploited in prostitution. The law prohibits the commercial sexual exploitation of children age 18 and younger. Laws related to pornography and pornographic performances do not prohibit the use, procuring, and offering of a child for each of these purposes. The law also regulates selling, publishing, or exhibiting obscene material, defined as anything that could deprave or corrupt those open to immoral influences. The country is not a destination for child sex tourism.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

Consensual same-sex sexual activity among adult men is illegal under the law and is punishable by up to two years in prison. Anal intercourse is punishable with a maximum sentence of life in prison, regardless of whether the intercourse is between persons of the same sex. These laws were not enforced during the year; however, activists reported it was more common for police to use the law to intimidate men who were gay or perceived to be gay than to make arrests. A law criminalizing cross-dressing remains despite a November 2018 decision by the Caribbean Court of Justice, the country’s court of final instance, that the law is unconstitutional.

No antidiscrimination legislation exists to protect persons from discrimination based on real or perceived sexual orientation, gender identity or expression, or sex characteristics. NGOs reported widespread discrimination of persons in this regard. Reports noted official and societal discrimination in employment, access to education and medical care, and in public space. According to a 2014 survey, approximately 12 percent of men who had sex with men experienced stigma daily, while approximately 30 percent of transgender youth and adults encountered stigma every day or regularly.

A leading LGBTI NGO reported frequent acts of violence against members of the LGBTI community. In June the head of the NGO was attacked by a member of the public. The NGO reported that as of October the attacker had not been prosecuted.

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