Seychelles

The Constitution of the Republic of Seychelles guarantees fundamental rights and protections. Article 16 prohibits torture, cruel, inhuman, or degrading treatment, while Article 17 bans slavery and forced labor. Article 27 affirms the right to equal protection of the law and prohibits discrimination on grounds including sex. Article 31 protects children from economic exploitation and establishes a minimum employment age of 15 years. Article 32 regulates marriage, including prohibiting marriage between individuals of the same sex.

Article 11(B) of the Evidence Act provides special protections for vulnerable witnesses when testifying in criminal proceedings. Vulnerable witnesses are defined as individuals under 16 years of age, persons with intellectual disabilities, victims of sexual offenses, or others deemed disadvantaged. These protections are intended to preserve the dignity of such witnesses and prevent intimidation during testimony.

The defendant was prosecuted in the Supreme Court of Seychelles for procuring an abortion, violating Section 148 of the Penal Code. The defendant was charged with unlawfully administering pills to induce a miscarriage. She pleaded guilty and expressed remorse for her actions. In sentencing, the Court imposed a two-year suspended sentence together with a monetary fine, taking into account her plea and contrition.

The accused was prosecuted in the Supreme Court of Seychelles for unlawful wounding with intent to inflict grievous harm under Section 219 of the Penal Code. The accused attacked his ex-wife by pinning her down and striking her feet with an axe, causing serious injury. He was charged with intent to inflict grievous harm.

The Domestic Violence Act 2019 supplements the Family Violence (Protection of Victims) Act 2000 by creating criminal offenses for conduct committed in domestic relationships. Section 4 defines “domestic partners” broadly to include spouses, cohabitants, parents of a common child, family members by blood, marriage, or adoption, co-tenants, and persons providing refuge to a victim of domestic violence.

The Seychelles Family Violence (Protection of Victims) Act 2000, effective 1 May 2000 and cited as Act 4 of 2000, provides measures to protect individuals from family violence and is enforced by the Family Tribunal. A "family member” is broadly defined to include spouses, children, parents, siblings, and household members. Protection orders may be sought by family members or by the Director of Social Services on their behalf. Section 3 outlines procedures for applying for a protection order, including notice to the respondent and the opportunity for a hearing.

The Seychelles Penal Code (Amendment) Act 2024 introduces new protections against hate crimes and hate speech by incorporating “protected characteristics” into the Penal Code. Section 5 now defines protected characteristics to include race, religion or lack of belief, disability, sexual orientation, gender identity, sex characteristics, political affiliation, and HIV/AIDS status.

The Penal Code of Seychelles (Chapter 158) establishes criminal offenses and penalties relating to persons, property, and public order, and applies both domestically and extraterritorially to Seychellois citizens or residents who commit certain crimes abroad, including sexual offenses. Section 130 defines sexual assault broadly to cover indecent assault, the non-accidental touching of sexual organs, and penetration of a body orifice for a sexual purpose. Conviction under this section carries up to 20 years’ imprisonment.

Section 130(3) of the Seychelles Penal Code defines sexual assault as an act committed without valid consent. Consent is deemed invalid if obtained through misrepresentation, if the victim is under 15 years of age, or if the victim lacks the capacity to consent. Consent induced by force, threats, or fear of force is also invalid. In sentencing, courts must consider aggravating circumstances, including the use of violence, penetration, and the age of the victim.

Section 135 of the Seychelles Penal Code criminalizes acts of indecency with persons under the age of 15. The maximum penalty is 20 years’ imprisonment, and where the offender is 18 or older and the indecent act involves non-accidental inappropriate touching, the sentencing range is 14 to 20 years. Repeat offenders within 10 years face a minimum of 28 years’ imprisonment, and repeated indecent acts involving victims under 15 may result in life imprisonment.