AN EVALUATION OF THE SIERRA LEONE SEXUAL OFFENCES (AMENDMENT) ACT 2019
Keywords:
Chief Justice of Sierra Leone, Rules of Court Committee, Sierra Leone Sexual Offences (Amendment Act) 2019, Sierra Leone 1991 ConstitutionAbstract
The Sierra Leone Sexual Offences (Amendment Act) 2019, gave the chief justice of Sierra Leone the power to solely draw mandatory sentencing guidelines for the offences of rape and other sexual offences. The Act makes it a mandatory life imprisonment sentence for adults who commit rape on a minor. This has been interpreted to mean; life behind bars for the rest of the lives of those convicted for the offence. This position takes away the discretion of judges, who ought to take into account other considerations when passing sentence. The Act also departed from the established practice of parliament laying out the punishment for the crime in the statute. This issued sentencing guidance states that, the Rules of Court Committee will be consulted when the guidance is reviewed. Such consultation which the chief justice has intended to undertake, may not be within committee’s remit, as laid down in the constitution. Does this therefore make the legislation flawed? This article postulates that the Act is contentious on many grounds, which has made it problematic.
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