No. 9 of I 995. The Sexual Offences Act, 1995. 1 ANTIGUA
A m
BARBUDA
[ L.S. 3
I Assent,
James B. Carlisle,
Governor-General.
21st July, 1995.
ANTIGUA AND BARBUDA
No. 9 of 1995
AN ACT to repeal and replace the laws of Antigua and Barbuda
relating to sexual crimes, to the procuration, abduction and
prostitution of persons and to kindred offences.
[ 2nd November, 1995 ]
ENACTED by the Parliament of Antigua a d Barbuda as
follows -
PART 1
PRELIMINARY
1. This Act may be cited as the Sexud Offences Act, 1995. short title.
2. In this Act - Interpretation.
"adult" means a person who is eighteen years of age or
more;
"brothel" means a place resorted to by persons of either sex
for the purpose of prostitution;
"minor" means a person under eighteen years of age;
ANTIGUA 2 The Sexual OSfences Act, 1995. No. 9 of 1995.
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"prostitute" means a person of either sex who engages in
prosutution;
"prostitution" means the offering of the body by aperson of
ermw XLn ITOF the purpose of arousing or gratifying the
sexual desire of another for payment in return.
PART I1
OFFENCES AND THE PROSECUTION AND
PUNISHMENT OF OFFENCES
Rape. 3. (1) A male person commits the offence of rape when he
has sexual intercourse with a female person who is not his wife
either -
(a) without her consent where he knows that she does not
consent to the intercourse or he is reckless as to
whether she consents to it; or
(b) with her consent where the consent -
(i) is extorted by threats or fear of bodily harm to
her or to another; or
(ii) is obtained by impersonating her husband; or
(iii) is obtained by false and fraudulent representa-
tions as to the nature of the act.
(2) A male person who commits the offence of rape is liable
on conviction to imprisonment for life.
Sexual assault by a 4. (1) A husband commits the offence of sexual assault when
husband in certain he has sexual intercourse with his wife without her consent by
circumstances. force or fear where there is in existence in relation to them -
(i) a decree nisi of divorce;
(ii) a decree of judicial separation;
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(iii) a separation agreement; or
(iv) an order fsa the husbmd not to molest his wife
or have sexual intercourse with her.
(2) A husband who commits the offence of sexual assault is
liable on conviction to imprisonment for fifteen years.
(3) No proceedings for an offence under this section shall be
instituted except by or with the consent of the Director of Public
Prosecutions.
5. (1) Where a male person has sexual intercourse with a sexual intercourse
female person who is under the age of fourteen years, he is guilty with a female under
of an offence, whether or not the female person consented to the
intercourse or whether or not at the time of the intercourse he
believed her to be fourteen years of age or more, and is liable on
conviction to imprisonment for life.
(2) Where a marriage is invalid under section 61 of the
Marriage Act, the invalidity does not make the husband guilty of cap. 347.
an offence under this section because he has sexud intercourse
with his wife, if he believes her to be his wife and has reasonable
cause for the belief.
6. (1) Where a male person has sexual intercourse with a sexual intercourse
female person who is not his wife with her consent and who has with female
attained the age of fourteen yexs but has not yet attainedthe age
of sixteen years, he is guilty of an offence, and is liable on
conviction to imprisonment for ten years.
(2) A male person is not guilty of an offence under subsec-
tion (1) -
(a) if he honestly believed that the female person was
sixteen years of age or more; or
(b) if the male person is not more than three years older
than the female person and the court is of the opinion
that the evidence discloses that as between the male
person and the female person, the male person is not
wholly or substantially to blame.
7. (1) Where a female adult has sexual intercourse with amale sexual intercourse
person who is not her husband and who is under the age of sixteen with male under
slxteen.
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years, she is guilty of an offence, whether or not the male person
consented to the intercourse, and is liable on conviction to
imprisonment for seven years.
(L) A :LII&L adult is not guilty of an offence under subsection
(1) -
(a) if she honestly believed that the male person was
sixteen years of age or more; or
(b) if the female adult is not more than three years older
than the male person and the court is of the opinion
that evidence discloses that as between the female
adult and the male person, the female adult is not
wholly or substantially to blame.
Incest. 8. (1) A person commits the offences of incest knowing that
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 sexual intercourse referred to under
subsection (1) was had with the consent of the person.
(3) A person who commits the offence of incest is liable on
conviction to imprisonment -
(a) for life, if committed by an adult with aperson under
fourteen years of age;
(6) for fifteen years, if committed by an adult with a
person fourteen years of age or more;
(c) for two years, if committed between minors fourteen
years of age or more.
(4) A person is not guilty of an offence under this section if that
person committed the offence under restraint, duress or fear.
(5) In this section, any expression importing a relationship
between two persons shall be taken to apply notwithstanding that
therelationship isnottraced through lawful wedlock, and "brother"
includes half-brother and "sister" includes half-sister.
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9. (1) An adult who has sexual intercourse with a minor who sexual intercourse
is the adult's adopted child, step-child, foster child ward or With adopted
minor, etc.
dependant in the 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) for life, if committed with a minor under fourteen
years of age;
(bj for fifteen years, if committed with a minor fourteen
years of age or more.
10. (1) An adult who has sexual intercourse with a minor sexual intercourse
who - with minor
employee.
(a) is in the adult's employment; or
(b) is in respect of any employment or work under or in
any way subject to the adult's control or direction; or
(c) receives his or her wages or salary directly or indi-
rectly from the adult,
is guilty of an offence and is liable on conviction to imprisonment
for ten years.
(2) For the purposes of subsection (1) it is not a defence for the
adult to prove that the minor employee consented to the inter-
course.
(3) An adult shall not be guilty of an offence under this section
if the minor is the spouse of the adult.
11. (1) Where aperson under circumstances that do not amount se,d intercourse
to rape has sexual intercourse with another who is mentally with mentally
subnormal and who is not the person's spouse, that person is guilty Subnorma' p
erson.
of an offence and is liable on conviction to imprisonment for
fifteen 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 mentally
subnormal.
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(3) In this section "mentally subnormal" means state of
arrested or incomplete development of mind which includes a
significant impairment of intelligence and social functioning and
is 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
Rosecutions who shall have regard iater alia as to whether or not
any abuse in relation to the mentally subnormal person has been
committed.
Buggery. 12. (I) A person who commits buggery is guilty of an offence
and is liable on conviction to imprisonment -
(a) for life, if committed by an adult on a minor;
(b) for fifteen years, if committed by an adult on another
adult;
(c) for five years, if committed by a minor.
(2) In this section "buggery" means sexual intercourse per
mum by a male person with a male person or by a male person
with a female person.
Bestiality. 13. (1) Aperson whocommitsbestiality is guilty of an offence
and is liable on conviction to imprisonment for ten years.
(2) In his section "bestiality" means sexual intercourse per
m u m orper vaginum by a male or female person with an animal.
Indecent assault. 14. (1) A person who indecently assaults another is guilty of
an offence and is liable on conviction to imprisonment for five
Y=.
(2) A person under the age of sixteen years cannot in law give
any consent which would prevent an act being an assault for
purposes of this section.
(3) In this section, "indecent assault" means an assault accom-
panied by words or circumstances indicating an indecent inten-
tion.
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15. (1) A person who commits an act of serious in&cency on Serious indecency.
or towards another is guilty of an offence and is liable on
conviction to imprisonment -
(a) for ten years, if committed on or towards a minor
under sixteen years of age;
(b) for five years, if committed an or towards a person
sixteen years of age of more,
32) S ~ b s e t h i ~ (Zj6Soesntltapply to an act of serious indecency
c o d & in private between -
(a) a husband and his wife; or
(b) a male person and a female person each of whom is
sixteen years of age or more;
both of whom consent to the commission of the act.
(3) An act of "serious indecency" is an act, other than sexual
intercourse (whether natural or unnatural), by a person involving
the use of the genital organ for the purpose of arousing or
gratifying sexual &sire.
16. A person who - Rocuration.
(a) procures a minor under sixteen years of age to have
sexual intercome with any person either in Antigua
and Barbuda or elsewhere; or
(b) procures another for prostitution, whether or not the
person procured is already a prostitute, either in
Antigua and Barbuda or elsewhere; or
(c) procures another person to become an inmate, whether
or not the person procured is already an inmate
elsewhere, of or to frequent a brothel either in
Antigua and Barbuda or elsewhere,
is guilty of an offence and is liable on conviction to imprisonment
for fifteen years.
17. A p s o n who - Procuring
defilement of a
person.
ANTIGUA 8 The Sexual Ogences Act, 1995. No. 9 of 1995.
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(a) by threats or intimidation procures another to have
sexual intercouse with my person either in Antigua
and Barbuda or elsewhere; or
(b) by deception procures another to have sexual inter-
course with any person either in Antigua and Bar-
buda or elsewhere; or
(c) applies, administers to cr cause to be take11 by any
personmy drug, matter or thing with intent to stupefy
or overpower that person so as thereby to enable any
other prson to have sexual intercourse with that
person,
A guilty of an offence and is liable on conviction to imprisonment
for fifteen years.
Detention of a 18. (1) A person who detains another against that
person. other's will -
(a) in or upon any premises with intent that the person
detained may have sexual intercourse with any per-
son; or
(b) in any brothel,
is guilty of an offence and is liable on conviction to imprisonment
for ten years.
(2) A magistrate who is satisfied upon oath that there is
reasonable ground for believing that a person is unlawfully
detained in any place for immoral purposes, may issue a warrant
authorising any constable to enter (if need be by force) and search
any place specified in the warrant and to remove any person so
detained and apprehend any person accused of the unlawful
detention.
Abduction of a 19. A person who takesaway or detainsafemale person against
female. her will with intent -
(a) to many her or to have sexual intercourse with her; or
(b) to cause her to marry or to have sexual intercourse
with a male person,
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is guilty of an offence and is liable on conviction to imprisonment
for ten years.
20. f 1) A p m who - Householder, etc.
permitting
defilement of a
(a) being the owner, occupier or manager of premises; or minor under
sixteen years of
(b) having control of premises or assisting in the man- ager.
agement or control of premises,
pennits aminor under sixteen years of age to resort to or to be in
or upon the premises for the purpose of having sexual intmurse
with any person is guilty of an offence and is liable on conviction
to imprisonment for ten years.
(2) It is a &fence for a person charged under this section to
prove that he did not know or had no reason to believe or suspect
that the minor was under the age of sixteen years.
(3) A person shall not be charged for an offence under this
section if the minor is the spouse of that person.
(a) keeps or manages or acts or assists in the manage-
ment of a brothel; or
(b) being the tenant, lessee, occupier or person in charge
of my premises, knowingly permits the premises or
any part thereof to be used as a brothel or for the
purposes d prostitution; ar
(c) being the lessor or landlord of any premises, or the
agent of the lessor or landlord, lets the same or any
part thereof with the knowledge'tJm the premises or
some part thereof are or is to be used as a brothel, or
is wilfully aparty tothe continueduseof the premises
or any part thereof as a brothel,
is guilty of an offence and is liable on summary conviction to a
fine of $10,000 and to imprisonment for five years.
Prohibition of
brothel.
22. (1) A person who - Persons living on
earnings of
prostitution.
ANTIGUA 10 The Sexual c3fSeeprces Act, 8995.
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No. 9 of 1995.
(a) knowingly lives wholly or in part on the earnings of
prostitution, or
(b) in any place solicits for immoral purposes,
is guilty of an offence and is Pihb on conviction to imprisonment
fa five years.
(2) If it a p p n to any Magistrate, by compiint 3n oath. &at
there is reason to suspect that any premises is used for pwkmsev~
of prostitution and that any person residing in or frequenting the
premises is living wholly or in part on the earnings of prostitution,
the Magistrate may issue a warrant authorising any constable to
enter (if need be by force) and search the premises and to arrest
that person.
(3) Where aperson is proved to live with or to be habitually in
thecompany of aprostitute, or is proved to have exercised control,
direction, or influence overthe movements of a prostitute, in such
a manner as to show that the person is aiding, abetting or
compelling the prostitution with any other person or generally
that person shall be deemed tobe knowingly living on the earnings
of prostitution unless the person proves the contrary.
SUPPLEMENTAL PROVISIONS
sexual intercourse. 23. Where in any proceedings for an offence under this ACL
it is necessary to prove sexual intercourse (whether natural or
unnatural) it shall not be necessary to prove the completion of
the intercourse by the emission of seed but the intercourse shall
be deemed complete upon proof of penetration only.
Divestment of 24. Where at the trial of any offence under this Act, it is proved
authority. to the satisfaction of the Court that the defilement of a minor has
been caused, encouraged or favoured by the minor's father,
mother, guardian or any other person who has lawful care or
charge of the minor, the court may divest such person of all
authority over the minor and appoint any other suitable person
williig to take charge of the minor to be the guardian until the
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minor becomes an adult and the Court shall have power to vary
from time to time or rescind such order.
25. If at a trial for an offence under this Act the jury has to consent.
con;si&r whether a person believed that another was consenting
to sexual intercourse or to any other sexual act, the judge shall
direct the jury that the presence or absence of reasonable grounds
for such a belief is amatter to which the jury is to have regard, in
conjunction with any other relevant matters, in considering
whether that person so believed.
26. Any proceedings in respect of an offence under sections 3 Hearing in camera.
and 4 or in any offence involving a minor shall be heard in camera
unless the court otherwise directs.
27. (1) In proceedings in respect of an offence under this Act Evidence
no evidence shall be adduced by or on behalf of the accused concerning sexual
concerning the sexual activity of thecomplainant with any person :g:tz::.d
other than the accused unless the Court, on an application made
by or on behalf of the accused in the absence of the jury, thinks
such evidence necessary for the fair tria! of the accused.
(2) Save as provided in subsection (I), no evidence of sexual
reputation is admissible for the purposeof challenging Qr support-
ing the credibility of the complainant.
28. The Common Law rules relating to evidence of recent Recent complaint.
conph.int in sexual offence cases are abolished.
29. (1) After a person is accused of an offence under this Act, Anonymity of
no matter likely to lead members of the public to identify a person complainant and
as the complainant or as the accused in relation to that accusation accused.
shall either be published in Antigua and Barbuda in a written
publication available to the public or be broadcast in Antigua and
Barbuda except -
(a) where, on the application of the complainant or the
accused, the Court directs that the effect or the
restriction is to impose a substantial and unreason-
able restriction on the reporting of proceedings and
thatitis in the public interest toremovetheresuiction
in respect of the applicant; or
(b) in the case of an accused, after he has been tried and
convicted of the offence.
ANTIGUA 12 The Sexual Qffences Act, 1995.
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No. 9 of 1995.
(2) A person who publishes or broadcasts any matter contrary
to subsection (1) is guilty of an offence and liable on summary
conviction to a fine of twenty-five thousand dollars and to
ian~fisoxunent for two years and upon conviction on indictment
to a fine 01 twenty-five thousand dollars and to imprisonment for
five years.
(3) Subsection (2) refers to -
(a) in the case of a publication in a newspaper or
periodical, any proprietor, any editor and publisher
of the newspaper or periodical;
(b) in the case of any other publication, the person who
publishes it; and
(c) in the case of a broadcast, any body corporate which
transmits or provides the programme in which the
broadcast is made and any person having functions in
relation to the programme corresponding to those of
an editor of a newspaper.
(4) In subsection (1) -
"accused means -
(a) a person named in an information laid alleging that
that person has committed the offence;
(b) a person who appear before a Court charged with the
offences:
"complainant" includes in relation to a person accused of an
offence under this Act, the person against whom the offence is
alleged to have been committed.
Committalproceed- 30. (1) A Magistrate's Court inquiring into an offence under
ing. this Act may, if satisfied that all the evidence before the court
(whether for the prosecution or for the defence) consists of
written statements tendered to the court under subsection (3),
with or without exhibits, commit the accused for trial for the
offence without consideration of the contents of those state-
ments unless -
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(a) the accused or one of the accused is not represented
by counsel or solicitor;
(b) counsel or solicitor for the accused or one of the
accused, as the case may be, has requested the court
to consider a submission that the statements disclose
insufficient evidence to put that accused on trial by
jury for the offence.
(2) In committal paoce*ings a written statement by any
persm &di, if the condieions ~nenfioned in subsection (3) are
satisfied, be admissible as c~idence to the like effect by that
person.
(3) The conditions referred to in subsection (2) are that -
(a) the statement purports to be signed by the person who
made it;
(b) the statement contains a declaration by that person to
the effect that it is true to the best of his knowledge
and belief and that he made the statement knowing
that, if it were tendered in evidence, he would be
liable to prosecution if he wilfully stated in it any-
thing which he knew to be false or did not believe to
be true;
(c) before that statement is tendered in evidence a copy
of the statement is given, by or on behalf of the party
proposing to tender it, to each of the parties to the
proceedmgs; and
(d) before the statement is tendered in evidence at the
committal proceedings, none of the other parties
objects to the statement being so tendered under this
section.
(4) The following provisions also have effect in relation to any
written statement tendered in evidence under this section, that is
to say -
(a) where the statement is made by a minor, it shall give
his age;
ANTIGUA
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Alternative verdict.
Repeals and
amendments.
Cap. 21.
Savings.
14 The Sexual Offences Act, i995. No. 9 of 1995.
(6) where the statement is by aperson who cannot
read, it shall be read to him before he signs it and shall
be accompanied by a declaration by the person who
so read the statement to the effect that it was so read;
and
( c where the statement refers to m y other docunlent as
an exhibit, the copy given w any other party to the
proceedings under papagraph (c) of subsection (3)
shdl k accompanied by a copy of that document or
by such information as may be necessary in order to
enabk the party to whom it is given to inspect that
document or a copy thereof.
31. (1) If, upon the trial of any indictment for rape, or for an
offence under section 4, the jury is satisfied that the defendant is
guilty of an offence under section 7, 10 or 16, or of an indecent
assault, but is not satisfied that the defendant is guilty if the
offence charged in the indictment or of an attempt to commit the
same, then and in every such case the jury may acquit the
defendant of the offence and find him guilty of such offence as
mentioned above or of an indecent assault. and thereupon the
defendant is liable to be punished in the same manner as if he had
been convicted upon an indictment for such offence as mentioned
above or for the offence of indecent assault.
(2) If upon the trial of any indictment for incest by a person,
the jury is satisfied that the defendant is guiIty of an offence under
section 4 or 10 or of an indecent assault but is not satisfied that the
defendant is guilty of the charge of incest or of an attempt to
commit the same then and in every such a case the jury may find
him guilty of an offence under section 4 or 18 or of indecent
assault as the case may be.
32. (1) The Criminal Law Amendment Act is repealed.
(2) The enactments specified in the Schedule are amended in
the manner specified therein.
33. (1) Where immediately before the coming into operation
of this Act -
(a) any person has been charged or indicted under the
repealed Act or amended law and such charge or
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indictment Bas not been finally determined, such Cap.21
charge or indictment shall continue to be dealt with
and completed or otherwise determined in all re-
spects as if this Act had not been enacted;
(b) any order has been issued under the repealed Act or
amended law, the validity of the order shall not be
affected by the repeal of the Act or amended law and
anything done or omitted iSt
