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Cybercrime Act (2018)

The Cybercrime Act (the “Act”) criminalizes the use of a computer system to sexually harass individuals. Part II, Section 19(2)(a) makes it unlawful to transmit electronic data that is obscene, vulgar, profane, lewd, lascivious, or indecent when the sender intends to humiliate or harass another person and the conduct harms the target’s health, emotional well-being, self-esteem, or reputation. Penalties may reach up to three million dollars and three years in prison. 

Civil Law of Guyana Act (1916)

The Civil Law of Guyana Act (the “Act”) sets out the rules for intestate succession, and provides that daughters and sons equally inherit assets from their parents. Similarly, male and female surviving spouses are entitled to the same interests. For example, if a husband is the surviving spouse, he is entitled to the same interest his wife would be entitled to if she was the survivor. 

Data Protection Act (2023)

The Data Protection Act regulates the collection and use of personal data in Guyana and designates “sensitive personal data” to include information about a data subject’s sexual orientation, sexual life, and health status. Processing of sensitive data is restricted to specified purposes that include providing goods or services to the data subject and monitoring behavior when lawful and necessary. The statute establishes heightened protections for categories that directly affect women and LGBTQ persons.

Criminal Law (Offences) Act (1893) on Sex Crimes and Offenses Against Morality

The Criminal Law (Offenses) Act of 1893 classifies “offenses against morality” to include the sale or distribution of obscene material and acts of “gross indecency” between men. Sections 351 to 354 criminalize male same-sex intimacy, attempted same-sex intimacy, and “buggery.” These provisions continue to impose criminal penalties on consensual same-sex conduct between adults. The Act defines rape as a felony punishable by life imprisonment.

Constitution of the Co-operative Republic of Guyana

Article 149(1) of the Constitution of Guyana prohibits discrimination on grounds that include sex, marital status and pregnancy. Sexual orientation, gender expression and gender identity are not listed grounds. Article 149F guarantees women equal rights and equal opportunities in all spheres of life. It includes equal access to education, employment, training, promotion and remuneration. Article 29 requires active measures to support women’s participation in public decision making. Article 34 calls for the removal of discriminatory distinctions in society.

Marriage Act (Act 25 of 1901)

The Marriage Act (the “Act”) stipulates that the minimum age for a legally valid marriage is 16 years old. However, a girl under the age of 16 who becomes pregnant, may apply to the High Court to be married to the father of the child. Marriage between parties younger than 18 years old must receive parental consent to marry. The Act prohibits marriage between family members or individuals related by blood. A superintendent registrar who knowingly authorizes a marriage which is void may be sentenced to two years in prison. 

Family Violence Act (Act 14 of 2024)

The Family Violence Act 2024 (“FVA”) was ratified in 2024, replacing the Domestic Violence Act 1996. The FVA adopts a broad definition of “family member” including spouses, cohabitants and children, and expands the concept of domestic violence to include family violence. Family violence is defined as any physical, sexual, emotional, or economic abuse that is threatening, controlling, or coercive and causes a family member to fear for their safety. Additionally, causing a child to be exposed to such behavior is also considered family violence.

Married Persons (Property) Act (Act 12 of 1904 (amended 2014))

The Married Persons (Property) Act (the “Act”) sets out the law on property ownership by a married couple in Guyana. Under the Act, property owned independently by either spouse before marriage does not automatically become joint property upon marriage. Instead, each spouse retains individual ownership of their property. A married woman who has property transferred into her sole name is treated as the sole owner.

Matrimonial Causes (Amendment) Act of 2024

The Matrimonial Causes Act (the “Act”) sets out the basis for which an individual may seek a divorce: adultery, desertion, or cruelty. The Matrimonial Causes (Amendment) Act 2024 (the “2024 Act”) also entitles divorce applications for irreconcilable differences, causing the irreversible breakdown of a marriage. Divorce applications may be rejected if the applicants are at fault for adultery, cruelty, or neglect which contributed to an act of adultery.

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