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Central America & the Caribbean

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1004
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Global Region

Infant Life (Preservation) Act, Saint Kitts and Nevis

The Infant Life (Preservation) Act, (the “Act”) criminalizes child destruction, defined as any act causing the death of a child “before it has an existence independent of its mother.” The punishment for such an offence is life imprisonment, with or without hard labor. For the purposes of the Act, the child must be capable of being born alive. A pregnancy lasting for a period of 28 weeks or more is prima facie evidence of this.

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.

Jerome Arscott v. R (Jamaica Court of Appeal, 2014)

A young woman was sexually assaulted by a male police officer who encountered the woman while he was picking fruit behind her house. The officer followed the woman into her home, where he exposed his genitals and attempted to penetrate the woman’s vagina despite her resistance. Afterwards, the woman successfully identified him in an identification parade and he was subsequently charged with the offences of assault with intent to rape and indecent assault, for which he was convicted at trial and sentenced to nine months hard labor imprisonment.

Johnson v. Johnson (Jamaica Court of Appeal, 2023)

In Johnson v. Johnson, the parties were formerly married and had jointly acquired real property through a joint loan. After separation, the former wife remained in possession of the property, and later rented the property, retaining the rental income. The former husband sued, claiming he was entitled to 50% of the legal and beneficial interests in the property. The lower court found his claim partly time-barred and awarded him a twenty-five percent interest. On appeal, the Court of Appeal held that the lower court erred in reducing his share.

Juan Carlos F.G., Case No. 18-2016-3

Defendant Juan Carlos, a member of a gang known as the Mara Salvatrucha (MS), was arrested for sexually harassing and detaining a 16-year-old girl.  The victim was waiting for a bus an early afternoon when the defendant snatched her bag, attempted to kiss her, grabbed her by the neck, and forced her into a restaurant.  When the victim attempted to run away, the defendant pursued her and forcibly took her into a house where the defendant detained her in a room.  An anonymous individual in the neighborhood informed the police that the defendant was holding a girl captive. 

Labour Code of Saint Lucia, Part II Fundamental Principles of Employment, Section 7 General Prohibition Against Discrimination

Section 7(1) of the Labour Code of Saint Lucia prohibits employers from discriminating against employees based on race, color, sex, religion, national origin, social origin, ethnic origin, political opinion or affiliation, age, disability, serious family responsibility, pregnancy, marital status or HIV\AIDS status.

Lawrence v. The Queen

The appellant was convicted of the murder of his romantic partner of eight years and was sentenced to life in prison.  On the night of the murder, the appellant first beat his partner in front of her three children. One of children called the police to report the beating, but the police failed to respond to the residence.  Following the beating, the appellant left the house, but returned an hour later, broke into the house, and stabbed his partner to death.  The appellant then drove his partner to the hospital where he was subsequently arrested.

Ley Especial Integral para una Vida Libre de Violencia para las Mujeres, Decreto Nº 520 (Special Comprehensive Law for a Violence-Free Life for Women, Decree No. 520)

The Special Comprehensive Law for a Violence-Free Life for Women (Ley Especial Integral para una Vida Libre de Violencia) (“LEIV”) establishes a framework for prosecuting and preventing acts of violence against women, and for providing assistance and support for victims of gender-based violence.

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