The Sentence of Death (Expectant Mothers) Act (the “Act”) of 1953 as amended in 1975, prohibits the death sentence for pregnant women, and instead imposes a sentence of life imprisonment. When a woman who is convicted of an offence carrying the death penalty alleges that she is pregnant, the jury that convicted her must determine the validity of her claim before the sentence is passed. Evidence may be brought by either the woman or the Crown, and there is an assumption that the woman is not pregnant until affirmatively proved in the opinion of the jury.

The Married Women’s Property Act (the “Act”) allows any married woman to acquire, hold, and dispose of her property (real or personal) as her separate property, without requiring a trustee. It also allows her to enter contracts regarding her property in her own right. The Act establishes that a married woman shall be responsible for any liabilities or legal violations while benefiting from the property or contract. In cases where there is a dispute over the title or possession of property, either party may apply to the court for a summary order by a judge.

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.

The Offences Against the Person Act of 1873 (OAPA), as amended through 2024, criminalizes a range of offences, including aggravated assault on females, rape, indecent assault, abduction, abortion, and concealment of birth.

An offence under the Domestic Violence Act (the “Act”) is defined as controlling or abusive conduct that harms the health, safety, and well-being of any person or child. Such conduct may include physical, sexual, emotional, psychological, and economic abuse, as well as intimidation and harassment. Romantic relationships, familial relationships, parental responsibility, and cohabitation may be classified as a “domestic relationship” under this Act.

Section 15 (Protection from Discrimination on Grounds of Race etc.) of the Constitution of Saint Christopher (St. Kitts) and Nevis prevents provisions of law that are discriminatory in nature or effect, as well as discrimination by individuals acting under the law, or on behalf of public office or authority. “Discriminatory” includes discrimination based on gender.

Case Number: SCJ-SS-23-1142 

The Supreme Court's Criminal Chamber determined that the crime of violence against women includes discriminatory acts based on gender that cause physical harm or suffering, through the use of physical force, psychological or verbal violence, or intimidation or persecution.

Article 331: Penal Code of the Dominican Republic, Rape

Article 331 defines rape as any act of sexual penetration, in any way, that is committed against another person through violence, constraint, threat or surprise. Rape is punishable by 10 to 15 years of imprisonment and a fine of 100,000 to 200,000 Dominican pesos (RD$100,000.00 to RD$200,000.00) However, the maximum sentence increases to 20 years for rape of minors or a person with a mental or physical disability.

Article 317: Penal Code of the Dominican Republic, Abortion

Article 317 states that causing or directly aiding in causing an abortion, by any means, is punishable by two to five years in prison. This includes women who undergo an abortion, provided that the abortion is successful.

Article 309-3: Penal Code of the Dominican Republic, Penalties for Domestic Violence and Violence against Women

Article 309-3 establishes a prison sentence of five to ten years for violent acts against women or family, if any of the following conditions are true:

The perpetrator broke into the victim’s home;

The perpetrator caused grave bodily harm to victim;

The perpetrator carried a weapon without intention to kill or mutilate;