WHAT IS RAPE AND SEXUAL ASSAULT? WHAT CONSEQUENCES DOES ONE FACE WHEN GUILTY IN T&T?

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​The incidence of rape and sexual assault in T&T is an issue with which we should all be concerned. In July 2019, the Rape Crisis Society of Trinidad and Tobago indicated that they noticed an increasing trend since 2016 - with 3 per cent more of their clientele reporting rape, sexual violence and domestic violence.  We've even seen a local soca star recently charged with attempted rape and grievous sexual assault. 

So what is the definition of rape and the definition of sexual assault in T&T and what penalties can one face if he or she is found guilty?

"NO" means "NO!"

Rape

In T&T, the definition of rape is found in section 4(1) of the Sexual Offences Act; it states: 

"4. (1) Subject to subsection (2), a person (“the accused”) commits the offence of rape when he has sexual intercourse with another person (“the complainant”):

• (a) without the consent of the complainant where he knows that the complainant does not consent to the intercourse OR he is reckless as to whether the complainant consents; OR 

• (b) with the consent of the complainant where the consent:
  • (i) is extorted by threat or fear of bodily harm to the complainant or to another;
  • (ii) is obtained by personating someone else;
  • (iii) is obtained by false or fraudulent representations as to the nature of the intercourse; or
  • (iv) is obtained by unlawfully detaining the complainant."

This means that, for example, if Joe has sexual intercourse with Mary with consent but Mary gave consent because Joe threatened to hurt her, Joe can be found guilty of the offence of rape. 

It should be noted that to prove sexual intercourse it is not necessary to prove completion of the intercourse by the emission of seed (semen) - the intercourse would be deemed complete upon proof of penetration only. 

What are the penalties for rape?

A person who commits rape in T&T can face life in prison and any other punishment which may be imposed by law; this is according to section 4 (2) of the Sexual offences Act:

"4. (2) A person who commits the offence of rape is liable on conviction to imprisonment for life and any other punishment which may be imposed by law, except that if--

• (a) the complainant is under the age of twelve years;
• (b) the offence is committed by two or more persons acting in concert or with the assistance or in the presence, of a third person;
• (c) the offence is committed in particularly heinous circumstances;
• (d) the complainant was pregnant at the time of the offence and the accused knew that the complainant was pregnant; or
• (e) the accused has previously been convicted of the offence of rape, he shall be liable to imprisonment for the remainder of his natural life.​"

Sexual Assault

In T&T law, criminal sexual assault is called "grievous sexual assault." The definition of grievous sexual assault is found in section 2 of the Sexual Offences Act; it states: 

“grievous sexual assault” means:

• (a) the penetration of the vagina or anus of the complainant by a body part other than the penis of the accused or third person as the case may be;
• (b) the penetration of the vagina or anus of the complainant by an object manipulated by the accused or third person, as the case may be, except when such penetration is accomplished for medically recognised treatment;
• (c) the placing of the penis of the accused or third person, as the case may be, into the mouth of the complainant; or
• (d) the placing of the mouth of the accused or third person as the case may be, onto or into the vagina of the complainant;"

According to section 4A. (1) of the Sexual Offences Act:

4A. (1) Subject to subsection (2), a person (“the accused”) commits the offence of grievous sexual assault when he commits the act on another person (“the complainant”):

• (a) without the consent of the complainant where he knows that the complainant does not consent to the act OR he is reckless as to whether the complainant consents; OR
• (b) with the consent of the complainant where the consent:
  • (i) is extorted by threat or fear of bodily harm to the complainant or to another;
  • (ii) is obtained by personating someone else;
  • (iii) is obtained by false and fraudulent representations as to the nature of the act;
  • (iv) is obtained by unlawfully detaining the complainant.

This means that, for example, if Joe uses a foreign object to penetrate Mary's  vagina or anus without her consent, Joe can be found guilty of grievous sexual assault. 

What are the penalties for grievous sexual assault?

A person who commits grievous sexual assault in T&T can also face life in prison and any other punishment which may be imposed by law (according to section 4A. (2) of the Sexual Offences Act).

Additionally, it should be noted that the Court may order a person who is convicted of either rape or grievous sexual assault to pay the complainant (the victim) adequate compensation. This order of payment does not deprive the complainant of the right to claim compensation in any other court (for example, in civil court). However, the court that awards further compensation may take the original order into account when it makes a further award. 

If you or anyone you know has been the victim of rape or sexual assault, these local resources may be able to offer help:

Trinidad and Tobago Police Service
The Rape Crisis Society 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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