Saint Lucia

The victim was a 13-year-old girl who reported to have been raped by the defendant. The defendant was charged with rape and unlawful sexual intercourse with a minor. While the defendant admitted to having sex with the minor, he contested the rape charge. Aggravating factors were considered, and the case law examined had identified a pattern: the younger the victim, the higher the custodial sentence imposed. In this case, the fact that the victim had a diagnosis of autism was regarded as an aggravating factor.

The plaintiffs were two unmarried female teachers in the permanent establishment who were pregnant for the second time and were subsequently dismissed from their employment by the Teaching Service Commission. The first plaintiff was initially granted three months of maternity leave. She was only paid for one month and was told at the end of her three-month maternity leave that she should not return to work.

The claimant alleged unlawful dismissal due to her bisexuality, arguing that her dismissal violated Saint Lucia’s Equality of Opportunity and Treatment and Occupation Act. The defendant (employer), argued that the claimant was lawfully terminated due to performance issues and thus did not discriminate based on her sexual orientation. The key issue is whether the claimant’s dismissal was motivated by discrimination based on her sexual orientation.

Constitution of Saint Lucia, Chapter I Protection of Fundamental Rights and Freedoms: Section 1 Fundamental rights and freedoms and Section 13 Protection from discrimination on the grounds of race, etc.

The Counter-Trafficking Act of Saint Lucia is designed to prevent and combat the trafficking of women and children. The Act criminalizes trafficking and related acts such as assisting, conspiring, or directing others, with penalties of up to EC$100,000, five years’ imprisonment, or both upon summary conviction.

Section 13 of the Divorce Act of Saint Lucia provides additional grounds for a marriage to be voidable.

Divorce Act of Saint Lucia, Part 1 Divorce, Section 3 Breakdown of Marriage to be Sole Divorce, Section 4 Proof of Breakdown, Section 5 Restrictions on Petitions for Divorce, Section 9 Opposition to Decree, Section 17 Abolition of Bars

Under the Domestic Violence Act of Saint Lucia the act of domestic violence is broadly defined to include both mental and physical harm. Any person who is convicted of the crime of domestic violence is subject to a fine not exceeding ten thousand East Caribbean dollars, imprisonment for up to five years, or both.

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.

The applicant challenged the constitutionality of an ex parte interim protection order issued to his wife under the Domestic Violence Act of St. Lucia. The Act mandated the issuance of protective orders to immediately shield victims of domestic violence from further harm.