The Criminal code – 5

We go back to the Criminal code after our short break. You would remember that the Criminal Code is given in Chapter 124 in the Laws of St. Vincent and the Grenadines and that it outlines offences that can be committed with the punishment that accompanies each offence. This week we would focus first on offences against religion and then on sexual offences.{{more}} Religious offences are given from section 117 to 121 and sexual offences are given from section 122 to 148 of the laws of St. Vincent and the Grenadines.

Offences against religion

You can commit offences against religion if you “destroy, damage or defile any place where a religious group or class of people worship. You would also be liable if you do the same to an object that is held sacred by them. You would be liable if you have the intention of insulting or if you have the knowledge that they would consider it an insult to their religion. The punishment for the above offence is five years imprisonment.

You cannot disturb a group that is lawfully conducting its religious worship or ceremony otherwise you could, if found guilty, be liable to two years imprisonment. If you persist after you have been asked to desist then the punishment would be five years.

You could serve a two year sentence of imprisonment if you say or write words with the intention of wounding the religious feeling of a person; if you unlawfully prevent the burial or cremation of a dead body, or if you trespass on a burial place and remove objects such as flowers, candles or tombstone.

Sexual Offences

According to section 122, to prove sexual intercourse it is not necessary to show completion of the sex act and the emission of sperm. It will only be necessary to show penetration. Acts without penetration may amount to an attempt that is also a serious offence. Rape offences also include aiding and abetting, counseling, or incitement to rape.

Rape according to the law is committed by a man or boy who has unlawful sexual intercourse with a woman or girl who at the time of the act did not have her consent and he knew that she did not consent or “he was reckless as to whether she consented or not.” If the person is found guilty of rape, that person is liable to imprisonment for life.

The law explains the situations when it could be presumed that there was no consent. For example, if the woman’s consent was obtained through some force or threat of force, if there was some form of intimidation or if there was some threat of bodily harm, or if someone pretends to be the husband of a married woman.

Statutory rape

The age of statutory rape in SVG is 15 years and below. If a man has sex with a child under the age of 13 and is found guilty of that offence, the punishment is imprisonment for life. If it is done to a child above the age of 13 years and below the age of 15 years, the punishment is five years where the man is under the age of 19 years. If the man is under the age of nineteen years and he has reasons to believe that the girl is over the age of fifteen and he has never been charged with a crime he may not be guilty of the offence.

Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com