Trinidad and Tobago

Parts IV, V, VI, and VIII of the Children Act of Trinidad and Tobago address child protection from sexual abuse, exploitation, and harmful practices. The law prohibits sexual offences against children, including child prostitution, sexual penetration, and child pornography. Causing or encouraging a child to engage in such acts can result in life imprisonment. Possession or creation of child pornography carries a sentence of up to 20 years. The Act also prohibits female genital mutilation (FGM). This includes any cutting or removal of parts of a child’s genitalia.

The Constitution states that all fundamental constitutional rights and freedoms are guaranteed free from sex discrimination. These freedoms include equal treatment before public authorities and equality under the law. Chapter 1, Part IV addresses exceptions related to affirmative action and other legislation. While generally no legislation may be enacted based on sex discrimination, such legislation may be enacted if reasonably justifiable in a society that has respect for rights and freedoms of the individual.

Section 7 of the Criminal Law Act of Trinidad and Tobago abolishes the presumption that a wife who commits an offence in the presence of her husband does so under his coercion. However, if charged with an offence other than treason or murder, a wife may still raise actual coercion by her husband as a defense.

The Domestic Violence Act of Trinidad and Tobago provides legal protection to victims of domestic violence, including physical, psychological, and financial abuse. Victims may apply to the court for a protection order if the abuse is occurring, has occurred, or is likely to occur. A protection order can include restrictions on approaching or contacting the victim, entering their residence, or taking their property. It may also require the respondent to leave the home or pay interim financial support.

Jason Jones, an LGBTQ activist from Trinidad, brought a constitutional challenge against Sections 13 and 16 of the Sexual Offences Act (1986). Section 13 criminalized anal intercourse (buggery), and Section 16 criminalized serious indecency between persons of the same sex.

The Offences Against the Person Act of Trinidad and Tobago encompasses various crimes relating to the right to bodily autonomy. Section 3 criminalizes rape as defined by English law. Sections 30A and 30B address harassment and causing fear of violence; persistent unwanted contact may lead to a fine or up to six months in prison, while inducing fear can result in a larger fine or up to five years imprisonment. Courts may also issue protection or compensation orders, covering medical and legal expenses. Section 48 punishes the abduction of girls under 14 with up to two years in prison.

Sections 13 and 16 penalize anal sex and “serious indecency” (non-intercourse sexual acts), historically used to criminalize same-sex relations. Section 13 allowed up to 25 years in prison, and Section 16 covered acts beyond intercourse. In Jones v. Attorney General (2018), the High Court struck down both sections as unconstitutional, citing rights to privacy and equality.

Section 19 if the Sexual Offences Act of Trinidad and Tobago makes it a crime to detain someone against their will in a brothel or any other location with the intention that they will have sexual relations with someone else. The maximum penalty is 10 years imprisonment. Section 20 targets those who abduct or detain a female against her will with the purpose of forcing her into marriage, cohabitation, or sexual intercourse. Conviction carries a maximum of 10 years in prison.

Section 4 of the Sexual Offences Act of Trinidad and Tobago defines rape as sexual intercourse without consent, or obtained through force, threats, or fraud. The penalty is up to life imprisonment, and mandatory life applies in aggravated cases, such as where the victim is under 12. The law allows for marital rape charges, including charges against unmarried male partners. Section 4A defines grievous sexual assault as non-consensual penetration other than intercourse, including acts involving body parts or objects.

Section 9 of the Sexual Offences Act of Trinidad and Tobago prohibits sexual intercourse between close blood relatives. A conviction carries a penalty of life imprisonment, except when the act occurs under restraint, duress, or fear. Section 15 punishes indecent assault, defined as any act or words expressing indecent intent. It carries up to five years imprisonment, with harsher penalties for repeat offenders. Consent is explicitly invalid if the victim is under 16.