Central America & the Caribbean

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:

Abortion is generally illegal in Saint Vincent and the Grenadines, but is allowed under limited circumstances. Under Section 149(1), it is a criminal offence to unlawfully use any means to procure a miscarriage, whether or not the woman is pregnant. This carries a penalty of up to 14 years in prison.

The Criminal Code of Saint Vincent and the Grenadines outlines several offenses related to statutory rape and the exploitation of minors. These provisions are gender-specific and focus on protecting girls under the age of 15. Chapter VIII Section 124 states that it is a criminal offense for a man to have sexual intercourse with a girl under 13. The maximum sentence for this offense is life imprisonment. Section 125 addresses sexual activity with girls aged 13 or 14. The maximum penalty is fifteen years in prison.

Under Chapter VIII, Section 123 of the Criminal Code of Saint Vincent and the Grenadines (Chapter 171), rape is defined as a crime committed by a man who has unlawful sexual intercourse with a woman without her consent, and who knows she does not consent or is reckless as to whether she consents. Consent is not valid if obtained by force, threats, intimidation, fear of bodily harm, false representations about the nature of the act, or by impersonating the woman’s husband. The offence is punishable by life imprisonment.

Section 126 of Chapter 171 of the Criminal Code of Saint Vincent and the Grenadines makes it a criminal offence for a man to have unlawful sexual intercourse with a woman who is considered mentally incapacitated. This refers to a woman who has been formally detained under the Mental Health Act or who, based on the evidence of two medical practitioners, is found to be suffering from serious mental illness, a psychopathic disorder, or significant intellectual impairment. The offence carries a penalty of up to fifteen years’ imprisonment.

Section 23 of the Criminal Justice Administration Act states that proceedings regarding accusations of certain crimes shall be held in camera (privately).  These crimes include rape, grievous sexual assault, marital rape, sexual intercourse with a person under age sixteen, indecent adult, or involvement in prostitution.

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 Law Against Sexual Violence, Exploitation and Human Trafficking defines and prohibits sexual violence, exploitation, and human trafficking. Among other things, the Law establishes that the penalty for sexual violence shall be imprisonment for a period of five to eight years, and that sentences can be increased for aggravating circumstances, such as gang rapes, sexual violence against the elderly or physically or mentally disabled, or the use of arms or drugs to carry out the sexual violence.

Decree No. 22-2008, Law Against Femicide and Other Forms of Violence Against Women, criminalizes violence against women, including acts committed in the home by spouses or other intimate partners. The law prohibits physical, psychological, and emotional violence. It establishes penalties of five to twelve years of imprisonment for physical or sexual violence against women, and five to eight years for psychological violence.

Guatemala’s Decree No. 7-99 establishes a legal framework to promote the dignity and integral development of women, ensuring equal rights and opportunities in both the public and private sectors. Under Chapter 2, the government must adopt policies to eliminate workplace discrimination against women on the basis of marriage or maternity. Chapter 4 requires the creation of educational campaigns and programs aimed at eliminating gender bias, raising awareness of women’s rights, and preventing violence against women.