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Belize

Attorney General of Belize v. Matus

The Attorney-General of Belize brought a claim under Belize’s Civil Procedure Rules to declare the marriage between the respondent and a 16-year-old minor null and void under the Marriage Act because it was executed without the consent of the child’s father.  Section 5 of the Marriage Act requires the consent of both parents before a minor can marry.  The court granted the respondent’s application to dismiss the claim because the Attorney-General should have commenced the action by petition under the Matrimonial Causes Rules.

Constitution of Belize

Section 3 of the Constitution of Belize (the “Constitution”) provides that every person in Belize is “entitled to the fundamental rights and freedoms of the individual” regardless of sex.  Section 16 of the Constitution also prohibits any laws that are discriminatory or have discriminatory effect and defines “discriminatory” to include discrimination based on sex. 

Criminal Code

The Belize Criminal Code defines and criminalizes rape, including marital rape (Sections 46, 71-74); carnal knowledge of female child (Section 47); procuring or attempting to procure a woman (Section 49-50); compulsion of marriage (Section 58); incest by males (Section 62); abortion, miscarriage, and child destruction (Sections 111-12, 127).  The Code mandates a minimum sentence of eight years for rape (Section 46), 12 years of carnal knowledge of a female child (Section 47), and a life sentence for habitual sex offenders (Section 48).

Of particular note:

Domestic Violence Act

Belize enacted the Domestic Violence Act #19 in 2000 to provide greater protection and assistance to domestic violence victims.  It was enacted in recognition of the pervasive nature of domestic violence in Belize society in order to increase the resources available to deal with domestic violence cases.  The Domestic Violence Act defines domestic violence and governs protective orders, occupation orders, tenancy orders, other orders relating to counselling, the use of furniture and household effects, payment of rent, mortgage, utilities and compensation for any monetary loss due t

Evidence Act

Section 74 of the Evidence Act governs “[r]estrictions on evidence at trials for rape.”  This section provides that when a man is being prosecuted for rape or attempted rape, the “sexual experience of a complainant with a person other than that defendant” is inadmissible.  The exception to this rule is if a judge is satisfied that it would be unfair to the defendant to refuse to allow the evidence.

Families and Children Act

The Families and Children Act governs the rights of a child, legal capacity and disabilities of children, guardianship and custody of children, status of children, support of children by government, maintenance rights and duties of members of the family as between themselves, maintenance of persons in public institutions, maintenance during divorce, separation or nullity, parentage of children, care and protection of children, foster-care, approved children homes, adoption, and the establishment of the National Committee for Families and Children.

Flowers v. Jeffords

The claimant alleged that her common law husband passed away without a will.  His son, the defendant, attempted to evict her from the home she shared with the deceased prior to his death.  The claimant responded by bringing this administrative action to remove the son as the deceased’s personal representative and to be recognized as one of the lawful beneficiaries of the estate.  The son and the deceased’s other children from previous relationships alleged that the claimant was merely their father’s caretaker, but could provide no evidence she was ever paid and could not expl

Gabourel v. The Queen

The appellant was convicted of grievous harm (was also charged but acquitted of rape) and was sentenced to a fine of $10,000 or in default a term of three years imprisonment, as well as being ordered to pay the complainant $3,000.  The appellant appealed, arguing that the trial judge erred in law by not giving a proper instruction to the jury on the issue of self-defense.  The Court of Appeal affirmed the conviction, finding “no miscarriage of justice,” where the jury “clearly accepted the version [of events] given by the complainant in relation to the offence of grievous harm, an

Gutierrez v. The Queen

The appellant was convicted of raping a 16-year-old female colleague and was sentenced to eight years in prison.  The Court of Appeal granted a retrial because the trial court had “erred in failing to give a proper/adequate direction to the jury.”  Under Section 92(3)(a) of Belize’s Evidence Act, a trial court has discretion to “warn the jury of the special need for caution” where the only evidence against a person charged with rape is the word of the victim.  Where a judge exercises such discretion, he or she must provide the reasons for cautioning the jury.  The trial

J.B. v. Landero

The claimant underwent an exploratory surgery at age 21 to assess the cause of abdominal pain associated with bleeding.  During that surgery the doctor removed her womb and left ovary without her consent or a second opinion.

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