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CAP. 154 Sexual Offences L.R.O 1 L.R.O. 2002 Sexual Offences CAP. 154 CHAPTER 154 SEXUAL OFFENCES ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. PART 1 Sexual Offences 3. Rape. 4. Sexual intercourse with person under 14. 5. Sexual intercourse with person between 14 and 16. 6. Incest. 7. Sexual intercourse with step-child, etc. 8. Sexual intercourse with mentally subnormal person. 9. Buggery. 10. Bestiality. 11. Indecent assault. 12. Serious indecency. 13. Procuration. 14. Procuring defilement of a person. 15. Detention of a person. 16. Abduction. 17. Householder, etc., permitting defilement of a minor under 16 years of age. 18. Suppression of brothels. 19. Person living on earnings of prostitution. 20. Person aiding prostitution. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados CAP. 154 Sexual Offences L.R.O. 2002 2 SECTION 21. Age. 22. Divestment of Authority. PART II Evidence 23. Sexual intercourse. 24. Consent. 25. Spouse a compellable witness. 26. Sexual experience. 27. Record. 28. Corroboration. 29. Recent complaint. 30. Hearing in camera. 31. Oath by a minor. PART III Procedure 32. Notice. 33. Hearing. 34. Publication prohibited. 35. Anonymity of complainant. 36. Alternative verdict. 37. Whipping. 3 L.R.O. 1993 Sexual Offences CAP. 154 ss.l-3 CHAPTER 154 SEXUAL OFFENCES An Act to revise and reform the law relating to sexual crimes. 1992-3. [ 13th February, 19921 Commence- ment. 1. This Act may be cited as the Sex& Oflences Act. Short title. 2. In this Act Interpreta- tion. “spouse” means a lawful husband or wife as the case may be. PART I Sexual OJfences 3. (1) Any person who has sexual intercourse with another person Rape. without the consent of the other person and who knows that the other person does not consent to the intercourse or is reckless as to whether the other person consents to the intercourse is guilty of the offence of rape and is liable on conviction on indictment to imprisonment for life. (2) For the purposes of subsection (l), no consent is obtained where the complainant submits or does not resist by reason of (a) the application of force to the complainant or to a person other than the complainant; (b) threats or fear of the application of force to the complainant or to a person other than the complainant; (c) the personation of the spouse of the complainant; (d) false and fraudulent representations as to the nature of the act; (e) the use of the accused’s position of authority over the complain- ant; or THE LAWS OF BARBADOS Priedby* Gannrmcnt F’rdm. B.y Stmt, St Midwl. byUX~liWIilydmtG-OfBUlUdU 1, CAP. 154 Sexual Offences L.R.O. 1993 4 s.4 cf) intimidation of any kind. (3) Notwithstanding section 21, a person under the age of 14 is deemed incapable of committing the offence of rape. (4) A husband commits the offence of rape where he has sexual intercourse with his wife without her consent by force or fear where there is in existence in relation to them (a) a decree nisi of divorce; Cap. 214. (b) a separation order within the meaning of section 2 of the Family Law Act; (c) a separation agreement; or (dj an order for the husband not to molest his wife or have sexual intercourse with her. (5) A husband who commits the offence of rape is liable on conviction on indictment to imprisonment for life. (6) For the purposes of this section “rape” includes the introduc- tion, to any extent, in circumstances where the introduction of the penis of a person into the vagina of another would be rape, (a) of the penis of a person into the anus or mouth of another person; or (b) an object, not being part of the human body, manipulated by a person into the vagina or anus of another. SeXlId 4. (1) Where a person has sexual intercourse with another who is ~WWX not the other’s spouse and who is under the age of 14, that person is with person under 14. guilty of an offence whether the other person consented to the inter- ._ course and whether at the time of the intercourse the person believed the other to be over 14 years of age, and is liable on conviction on indictment to imprisonment for life. Cap. 218.4. (2) Where a marriage is void under Part II of the Marriage Act, the husband of the marriage is not guilty of an offence under this section because he has sexual intercourse with the wife, if at the time of the 5 L.R.O. 1993 Sexual Offences CAP. 154 ss.5-6 commission of the alleged offence, he believed her to be his wife and hadreasonable cause for the belief. 5. (1) Where a person has sexual intercourse with another with the sexual other’s consent and that other person has attained the age of 14 but has %$~~~‘~ not yet attained the age of 16 that person is guilty of an offence and is between 14 liable on conviction on indictment to imprisonment for a term of 10 and16. years. (2) A person is not guilty of an offence under subsection (1) (a} if that person honestly believed that the other person was 16 years of age or more and has reasonable cause for the belief; and (b) if that person is not more than 24 years of age and has not been previously charged with the same or a similar offence. 6. (1) A person commits the offence of incest who, knowing that Incest. another person is by blood relationship, his or her parent, child, brother, sister, grandparent, grandchild, uncle, niece, aunt or nephew, as the case may be, has sexual intercourse with that person. (2) It is immaterial that the sexual intercourse referred to under subsection (1) occurred with the consent of the other person. (3) A person who commits the offence of incest is liable on conviction on indictment to imprisonment (a) if committed by an adult with a person under 14 years of age, for life: (b) if committed by an adult with a person 14 years of age or more, for 10 years; (c) if committed between minors 14 years of age or more, for 2 years. (4) A person is not guilty of an offence under this section if that person committed the offence under duress, fear or intimidation of any kind. (5) In this section, any expression importing a relationship between THE LAWS OF BARBADOS Rinlcdbyths- Prier. Bay Strsst, St. hiichrl. by mC luaority of m: Gncmnd of B.rb.dm CAP. 154 SexualOffences L.R.O. 1993 6 ss.7-9 2 persons shall be taken to apply notwithstanding that the relationship is not traced through lawful wedlock, and “brother” includes half- brother and “sister” includes half-sister. sexual 7. (1) An adult who has sexual intercourse with a minor who is the intermme adult’s adopted child, step-child, foster child, ward or dependant in the with step- child, etc. adult’s custody is guilty of an offence. (2) An adult who commits an offence under this section is liable on conviction to imprisonment (a) if committed with a minor under 14 years of age, for life; (b) if committed with a minor 14 years of age or more, for 10 years. (3) An adult shall not be guilty of an offence under this section if the minor is the spouse of the adult. sexual 8. (1) Where a person under circumstances that do not amount to rape has sexual intercourse with another who is an idiot, imbecile or with mentally mentally subnormal and who is not the person’s spouse, that person is subnormal guilty of an offence and is liable on conviction on indictment to person. imprisonment for a term of 10 years. (2) It is a defence for that person to prove that he did not know and had no reason to believe that the other person was an idiot, imbecile or mentally subnormal. (3) In this section “mentally subnormal” means a state of arrested or incomplete development of mind which includes a significant impairment of intelligence and social functioning and is associated with abnormally aggressive or seriously irresponsible conduct on the part of the person concerned. (4) No proceedings for an offence under this section shall be instituted except by or with the consent of the Director of Public Prosecutions who shall have regard infer alia as to whether or not any abuse in relation to the mentally subnormal person has been committed. %gev. 9. Any person who commits buggery is guilty of an offence and is liable on conviction on indictment to imprisonment for life. 7 L.R.O. 1993 Sexual Offences CAP.154 ss.lO-13 10. (1) A person who commits bestiality is guilty of an offence and Bestiality. is liable on conviction to imprisonment for 10 years. (2) A person who by the use of force or drugs, causes another to commit bestiality is guilty of an offence and is liable on conviction on indictment to imprisonment for life. (3) In this section “bestiality” means sexual intercourse per anum or per vaginam by a male or female person with an animal. 11. (1) A person who indecently assaults another is guilty of an Indecent offence and is liable on conviction on indictment to imprisonment for assault. 5 years. (2) A person under the age of 16 years cannot in law give any consent which would prevent an act being an assault for the purposes of this section.
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