WHAT ARE THE CONSEQUENCES OF COMMITTING SEXUAL ACTS AGAINST CHILDREN IN TRINIDAD AND TOBAGO?

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​It is imperative that we protect all children from abuse and ensure that the rights of all children are upheld.

The age of consent for sexual intercourse is 18 in Trinidad and Tobago

The age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. The age of consent for sexual intercourse in Trinidad and Tobago is now 18 years old. This is because of the Children Act that now defines a child as a person under the age of 18 years old. 

Before this Act came into force a child was considered to be a person under the age of 16 and the Sexual Offences Act listed various offences for engaging in activities with persons under 16.

However, with the passing of the Children Act, these sections of the Sexual Offences Act have now been repealed (they are no longer law). Now the age of consent for sexual intercourse in T&T is 18. This means that a child under the age of 18 is legally incapable of giving consent to sexual intercourse. 

Sexual penetration of a child is illegal

According to section 18 of the Children Act, a person who sexually penetrates a child commits an offence and is liable on conviction on indictment to imprisonment for life.

The Children's Act states that penetration of a child includes: 
(a) the insertion of any body part or any object into a child's bodily orifice; or
(b) the insertion of a part of a child's body into a person's bodily orifice,
and "penetrates", in relation a child, shall be construed accordingly.

The Act goes on to define "bodily orifice" which means anus, vagina, urethra, mouth, ear or nostril.

Sexual touching of a child under 16 is illegal

The Act goes on to explain "sexual touching" and that it is an offence to sexually touch any child under the age of 16. (Section 19 of the Children Act)

Touching in relation to a child means:

• (a) bringing a part of a person's body or an object into contact with a part of the child's body; or
• (b) causing a part of a child's body to come into contact with a part of a person's body. 

Additionally, penetration, touching or any other activity is defined as sexual in the Act if:

• (a) it is not done for medically recognised purposes; and
• (b) a reasonable person would consider that-
  (i) the person's purpose in relation to it, is, because of its nature, sexual; or 
  (ii) because of its nature it may be sexual and because of its circumstances or the purposes of any person in relation to it, or both, it is sexual. 

Anyone who sexually touches a child under 16 can be liable, on summary conviction, to a fine of $50,000 and to imprisonment for 10 years; or on conviction on indictment to imprisonment for 20 years.

If a person sexually touches a child under 16 and the touching involves the placing of any body part or of any object onto the penis or body orifice of a child, that person is liable, on conviction on indictment, to imprisonment for life. 

​There are exceptions to the rule

There is a section in the Children Act that decriminalises sexual activity between children. The reason for this is to account for the reality that children do experiment. The purpose is to avoid a situation where children close in age engage in consensual activities and end up being caught and charged for an offence that affects them for the rest of their lives. However, the criterion is very narrow to fall within these exceptions, and closeness in age between persons involved in the sexual activity has to be one of them.

According to section 20 of the Children Act: 

​20. (1) A person 16 years of age or over but under 21 years of age is not liable (for sexual penetration) under section 18 if--
(a) he is less than three years older than the child against whom he is purported to have perpetrated the offence;
(b) he is not in a familial relationship with the child nor in a position of trust in relation to the child;
(c) he is not of the same sex as the child; and
(d) the circumstances do not reveal any element of exploitation, coercion, threat, deception, grooming or manipulation in the relationship.

(2) A person 14 years of age or over but under 16 years of age is not liable (for sexual penetration or sexual touching) under section 18 or 19 if--
(a) he is less than two years older than the child against whom he is purported to have perpetrated the offence;
(b) he is not in a familial relationship with the child nor in a position of trust in relation to the child;
(c) he is not of the same sex as the child; and
(d) the circumstances do not reveal any element of exploitation, coercion, threat, deception, grooming or manipulation in the relationship.

(3) A person 12 years of age or over but under 14 years of age is not liable under section 18 or 19 (for sexual penetration or sexual touching) if--
(a) he is less than two years older than the child against whom he is purported to have perpetrated the offence;
(b) he is not in a familial relationship with the child nor in a position of trust in relation to the child; ​
(c) he is not of the same sex as the child; and
​(d) the circumstances do not reveal any element of exploitation, coercion, threat, deception, grooming or manipulation in the relationship. 

If you know a child that is or has been a victim of sexual abuse you should report it immediately, these local resources may be able to offer help:
​
Trinidad and Tobago Police Service
The Children's Authority of Trinidad and Tobago
Emergency Contact Numbers
​
​Important Notice: This post does not constitute or provide legal advice. Always consult with a suitably qualified attorney-at-law on any legal problem or issue.

Law For All is managed by the Aurora Chambers Legal Practice.

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