The Domestic Violence Act 2019 supplements the Family Violence (Protection of Victims) Act 2000 by creating criminal offenses for conduct committed in domestic relationships. Section 4 defines “domestic partners” broadly to include spouses, cohabitants, parents of a common child, family members by blood, marriage, or adoption, co-tenants, and persons providing refuge to a victim of domestic violence.
The Seychelles Family Violence (Protection of Victims) Act 2000, effective 1 May 2000 and cited as Act 4 of 2000, provides measures to protect individuals from family violence and is enforced by the Family Tribunal. A "family member” is broadly defined to include spouses, children, parents, siblings, and household members. Protection orders may be sought by family members or by the Director of Social Services on their behalf. Section 3 outlines procedures for applying for a protection order, including notice to the respondent and the opportunity for a hearing.
The Seychelles Penal Code (Amendment) Act 2024 introduces new protections against hate crimes and hate speech by incorporating “protected characteristics” into the Penal Code. Section 5 now defines protected characteristics to include race, religion or lack of belief, disability, sexual orientation, gender identity, sex characteristics, political affiliation, and HIV/AIDS status.
The Penal Code of Seychelles (Chapter 158) establishes criminal offenses and penalties relating to persons, property, and public order, and applies both domestically and extraterritorially to Seychellois citizens or residents who commit certain crimes abroad, including sexual offenses. Section 130 defines sexual assault broadly to cover indecent assault, the non-accidental touching of sexual organs, and penetration of a body orifice for a sexual purpose. Conviction under this section carries up to 20 years’ imprisonment.
Section 130(3) of the Seychelles Penal Code defines sexual assault as an act committed without valid consent. Consent is deemed invalid if obtained through misrepresentation, if the victim is under 15 years of age, or if the victim lacks the capacity to consent. Consent induced by force, threats, or fear of force is also invalid. In sentencing, courts must consider aggravating circumstances, including the use of violence, penetration, and the age of the victim.
Section 135 of the Seychelles Penal Code criminalizes acts of indecency with persons under the age of 15. The maximum penalty is 20 years’ imprisonment, and where the offender is 18 or older and the indecent act involves non-accidental inappropriate touching, the sentencing range is 14 to 20 years. Repeat offenders within 10 years face a minimum of 28 years’ imprisonment, and repeated indecent acts involving victims under 15 may result in life imprisonment.
Sections 157A to 157F of the Seychelles Penal Code criminalize violations of personal privacy involving “private acts.” These provisions prohibit the unauthorized observation, recording, possession, and distribution of visual material depicting private acts, with penalties of up to 20 years’ imprisonment. A “private act” includes bathing, showering, using a toilet, being nude, or engaging in sexual activity not ordinarily conducted in public. “Distribution” encompasses sending, transmitting, or otherwise making recordings accessible to others.
Section 219 of the Seychelles Penal Code defines “acts intended to cause grievous harm” as conduct carried out with intent to maim, disfigure, or disable another person, including striking with a weapon, causing an explosion, or otherwise inflicting serious injury. Section 221 criminalizes the actual commission of grievous harm against another person. Causing grievous harm is classified as a felony and is punishable by life imprisonment.
This is an appeal challenging a rape conviction and sentencing of 15 years imprisonment. Appellant, an army sergeant, went to a village and used a gun to murder his maternal uncle. On the same day, he led his victim, a widow of appellant’s late brother, to an abandoned house and raped her at gunpoint. Three days later, the victim reported the incident and was medically examined. Because she recently had a baby, the medical examiner was unable to find any physical damage to her body.
The issue in this appeal was whether traditional leaders of a community can develop their customs and traditions to promote gender equality in the succession of traditional leadership in accordance with the Constitution. The dispute was about the right to succeed as Chief to the Valoyi community in Limpopo, where the Chief’s daughter, Ms. Shilubana, could not succeed to the Chief position after her father’s death because the principle of male primogeniture governed succession.
