Chapter 1 of the Constitution of Saint Vincent and the Grenadines guarantees that all individuals in Saint Vincent and the Grenadines are entitled to basic rights and freedoms, regardless of race, origin, political opinion, color, creed, or sex. These rights are protected so long as they do not infringe on the rights of others or the public interest, as outlined in the Constitution.

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.

The Saint Vincent and the Grenadines Domestic Violence Act of 2015 protects individuals from domestic violence, defining it as any physical, sexual, verbal, emotional, or financial abuse, including stalking, intimidation, harassment, or property damage, among people in close relationships, such as spouses, cohabitants, family members, partners, or individuals sharing a household. It establishes a legal framework for safety, including:

Section 3 of the Equal Pay Act 1994 makes it an offence for an employer to pay male and female employees unequally for performing the same or equivalent work. Employers found in violation are subject to a fine of up to $2,000, and in the case of a continuing offence, an additional fine of up to $100 for each day the offence continues after conviction. The court may also order the employer to pay the affected employee any wages found to be owed.

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.

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.

The Crimes Act 1958 (Vic) is the principal criminal statute in Victoria, codifying a wide range of offences, including; homicide, sexual and violent crimes, property offences, and various forms of abuse, while incorporating contemporary principles of consent, mental health defences, and protections for vulnerable persons.

In 2021, the applicant, a transgender woman, downloaded the app Giggle for Girls (the App), which is marketed as a “digital women-only safe space.” To register, users were required to upload a selfie, which was assessed by third-party AI software to determine gender based on appearance. The applicant was approved and used the App for eight months before being blocked, following a manual review of her selfie by a company employee.

Commonwealth Director of Public Prosecution v Jan, Victorian County Court (2024) is significant as it marks Australia’s first conviction for the offence of forced marriage. The defendant, a member of the Hazara Islamic community residing in Shepparton, Victoria, was convicted and sentenced for causing her 20-year-old daughter to enter into a forced marriage.

In Kiss v R [2021] NSWCCA 158, the New South Wales Court of Criminal Appeal considered an appeal against a sentence by the applicant, who had been convicted of three counts of sexual intercourse without consent and one count of intentionally choking or strangling the complainant. At the time of the offences, the applicant and the complainant were in a relationship. On appeal, the applicant argued that the offences were objectively less serious because they occurred in the context of an ongoing consensual relationship.