Sexual Offences
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–25 ..
SEXUAL OFFENCES ACT
CHAPTER 11:28
Act
27 of 1986
Amended by
20 of 1994
31 of 2000
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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 11:28
SEXUAL OFFENCES ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
Act inconsistent with Constitution.
2. Interpretation.
PART I
OFFENCES AND THE PROSECUTION AND
PUNISHMENT OF OFFENCES
3. Indictable offences.
4. Rape.
4A. Grievous sexual assault.
5. (Repealed by Act No. 31 of 2000).
6. Sexual intercourse with female under fourteen years.
7. Sexual intercourse with female between fourteen and sixteen years.
8. Sexual intercourse with male under sixteen years.
9. Incest.
10. Sexual intercourse with adopted minor, etc.
11. Sexual intercourse with minor employee.
12. Sexual intercourse with mentally subnormal person.
12A. Power of arrest.
13. Buggery.
14. Bestiality.
15. Indecent assault.
16. Serious indecency.
17. Procuration.
18. Procuring defilement of a person.
19. Detention of a person.
20. Abduction of a female.
21. Householder, etc., permitting defilement of a minor under sixteen years
of age.
22. Suppression of brothels.
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PART II
SUPPLEMENTAL PROVISIONS
23. Person living on earnings of prostitution.
24. Person aiding in prostitution.
25. Sexual intercourse.
26. Age.
27. Divestment of authority.
28. Consent.
29. Hearing in camera.
29A. Admissibility of video recorded evidence.
30. Evidence concerning sexual activity and sexual reputation.
31. Mandatory reporting of suspected abuse of minors.
31A. Obstructing prosecution.
31B. Admissibility of minor’s statement.
31C. Statement in documents that appear to have been prepared for purposes
of criminal proceedings or investigations.
31D. False written statement tendered in evidence.
31E. Screen for minor.
32. Anonymity of complainant and accused.
33. (Repealed by Act No. 20 of 1994).
34. Alternative verdict.
PART III
NOTIFICATION REQUIREMENTS FOR SEX OFFENDERS
34A. Persons liable to notification requirements.
34B. Notification requirements.
34C. Method of notification.
34D. Offences.
34E. Mandatory medical examination of accused.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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27 of 1986.
Commencement.
Preamble.
Short title.
Act inconsistent
with
Constitution.
Interpretation.
[31 of 2000].
Ch. 45:55.
CHAPTER 11:28
SEXUAL OFFENCES ACT
An Act to repeal and replace the laws of Trinidad and Tobago
relating to sexual crimes, to the procuration, abduction
and prostitution of persons and to kindred offences.
[11TH NOVEMBER 1986]
WHEREAS it is enacted inter alia by subsection (1) of section 13 of
the Constitution that an Act of Parliament to which that section
applies may expressly declare that it shall have effect even though
inconsistent with sections 4 and 5 of the Constitution and, if any
such Act does so declare, it shall have effect accordingly:
And whereas it is provided by subsection (2) of the said
section 13 of the Constitution that an Act of Parliament to which
that section applies is one the Bill for which has been passed by
both Houses of Parliament and at the final vote thereon in each
House has been supported by the votes of not less than three-fifths
of all the members of that House:
And whereas it is necessary and expedient that the provisions
of this Act shall have effect even though inconsistent with sections
4 and 5 of the Constitution:
1. (1) This Act may be cited as the Sexual Offences Act.
(2) This Act shall have effect even though inconsistent
with sections 4 and 5 of the Constitution.
2. In this Act—
“adult” means a person eighteen years of age or more;
“brothel” means a place resorted to by persons of either sex for
the purpose of prostitution;
“cohabitant” means a person in a cohabitational relationship in
accordance with the Cohabitational Relationships Act.
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“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;
“minor” means a person under eighteen years of age;
“prostitute” means a person of either sex who engages in
prostitution;
“prostitution” means the offering of the body by a person of either
sex for the purpose of arousing or gratifying the sexual desire
of another for payment in return.
PART I
OFFENCES AND THE PROSECUTION AND
PUNISHMENT OF OFFENCES
3. The offences referred to in this Part are indictable offences.
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
Indictable
offences.
Rape.
[31 of 2000].
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(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.
(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.
(3) The Court or body may order a person who is
convicted of an offence under this Act, to pay to the complainant
adequate compensation which shall be a charge on the property of
the person so convicted.
(4) The provisions of subsection (3) shall not deprive the
complainant of the right to claim compensation in any other Court,
save that the Court that awards further compensation may take the
order under subsection (4) into account when it makes a
further award.
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Ch. 44:55.
Grievous sexual
assault.
[31 of 2000].
Ch. 45:55.
Sexual
intercourse with
female under
fourteen years.
(5) This section also applies to a husband in relation to
the commission of the offence of rape on his wife.
(6) In subsection (5) “husband” or “wife” includes a
cohabitant within the meaning of the Cohabitational
Relationships 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.
(2) Subsections (2) to (4) of section 4 applies, mutatis
mutandis, to the offence of grievous sexual assault as it does to the
offence of rape.
(3) This section also applies to a husband in relation to the
commission of the offence of grievous sexual assault on his wife.
(4) In subsection (3) “husband” or “wife” includes a
cohabitant within the meaning of the Cohabitational
Relationships Act.
5. (Repealed by Act No. 31 of 2000).
6. (1) Where a male person has sexual intercourse with a
female person who is not his wife and who is under the age of
fourteen years, he is guilty of an offence, whether or not the female
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Ch. 45:51.
Sexual
intercourse with
female between
fourteen and
sixteen years.
[31 of 2000].
Sexual
intercourse with
male under
sixteen years.
person consented to the intercourse and 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 13 of the
Matrimonial Proceedings and Property Act, the invalidity does not
make the husband guilty of an offence under this section because
he has sexual intercourse with the wife, if he believes her to be his
wife and has reasonable cause for the belief.
7. (1) Where a male person has sexual intercourse with a
female person who is not his wife with her consent and who has
attained the age of fourteen years but has not yet attained the age
of sixteen years he is guilty of an offence, and is liable on conviction
to imprisonment for twelve years for a first offence and to
imprisonment for fifteen years for a subsequent offence.
(2) A male person is not guilty of an offence under
subsection (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 chiefly to blame.
8. (1) Where a female adult has sexual intercourse with a
male person who is not her husband and who is under the age of
sixteen 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 five years.
(2) A female 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 the evidence discloses that as
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Incest.
[31 of 2000].
Sexual
intercourse with
adopted minor,
etc.
[31 of 2000].
Sexual
intercourse with
minor
employee.
[31 of 2000].
between the female adult and the male person,
the female adult is not wholly or chiefly to blame.
9. (1) A person commits the offence of incest who, 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) A person who commits the offence of incest is liable
on conviction to imprisonment—
(a) if committed by an adult with a person under
fourteen years of age, for life;
(b) if committed by an adult with a person fourteen
years of age or more, for life;
(c) if committed between minors fourteen years of
age or more, for two years.
(3) A person is not guilty of an offence under this section
if that person committed the offence under restraint, duress or fear.
(4) In this section, any expression importing a relationship
between two 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.
10. (1) An adult who has sexual intercourse with a minor who
is the adult’s adopted child, stepchild, foster child, ward or
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) if committed with a minor under fourteen years
of age, for life;
(b) if committed with a minor fourteen years of age
or more, for twenty-five years.
(3) An adult shall not be guilty of an offence under this
section if the minor is the spouse of the adult.
11. (1) An adult who has sexual intercourse with a minor
who—
(a) is in the adult’s employment; or
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Sexual
intercourse with
mentally
subnormal
person.
[31 of 2000].
Power of arrest.
[31 of 2000].
(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
indirectly from the adult,
is guilty of an offence and is liable on conviction to imprisonment
for twenty-five years.
(2) For the purposes of subsection (1) it is a defence for
the adult to prove that the minor employee consented to
the intercourse.
(3) An adult shall not be guilty of an offence under this
section if the minor is the spouse of the adult.
12. (1) Where a person under circumstances that do not
amount to rape has sexual intercourse with another who is mentally
subnormal and who is not the person’s spouse, that person is guilty
of an offence and is liable on conviction to imprisonment for
twenty-five 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.
(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 inter alia as to whether or not
any abuse in relation to the mentally subnormal person has
been committed.
12A. A police officer may take into custody, without warrant,
a person who has committed, or who the police officer has reason
to believe has committed an offence under section 6, 7, 8, 9, 10,
11 or 12.
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Buggery.
[31 of 2000].
Bestiality.
[31 of 2000].
Indecent assault.
[31 of 2000].
Serious
indecency.
[31 of 2000].
13. (1) A person who commits buggery is guilty of an offence
and is liable on conviction to imprisonment—
(a) if committed by an adult on a minor, for life;
(b) if committed by an adult on another adult, for
twenty-five years;
(c) if committed by a minor, for five years.
(2) In this section “buggery” means sexual intercourse
per anum by a male person with a male person or by a male person
with a female person.
14. (1) A person who commits bestiality is guilty of an offence
and is liable on conviction to imprisonment for twenty-five years.
(2) In this section “bestiality” means sexual intercourse
per anum or per vaginam by a male or female person with an animal.
15. (1) A person who indecently assaults another is guilty of
an offence and is liable on conviction to imprisonment for five
years for a first offence and to imprisonment for ten years for a
subsequent offence.
(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
accompanied by words or circumstances indicating an
indecent intention.
16. (1) A person who commits an act of serious indecency
on or towards another is guilty of an offence and is liable on
conviction to imprisonment—
(a) if committed on or towards a minor under sixteen
years of age for ten years for a first offence and
to imprisonment for fifteen years for a subsequent
offence;
(b) if committed on or towards a person sixteen years
of age or more for five years.
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Procuration.
Procuring
defilement of a
person.
(2) Subsection (1) does not apply to an act of serious
indecency committed 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 desire.
17. A person who—
(a) procures a minor under sixteen years of age to
have sexual intercourse with any person either in
Trinidad and Tobago or elsewhere; or
(b) procures another for prostitution, whether or not
the person procured is already a prostitute, either
in Trinidad and Tobago or elsewhere; or
(c) procures another to become an inmate, whether
or not the person procured is already an inmate
elsewhere, of or to frequent a brothel either in
Trinidad and Tobago or elsewhere,
is guilty of an offence and is liable on conviction to imprisonment
for fifteen years.
18. A person who—
(a) by threats or intimidation procures another to have
sexual intercourse with any person either in
Trinidad and Tobago or elsewhere; or
(b) by deception procures another to have sexual
intercourse with any person either in Trinidad and
Tobago or elsewhere; or
(c) applies, administers to or causes to be taken by
any person any drug, matter or thing with intent
to stupefy or overpower that person so as thereby
to enable any other person to have sexual
intercourse with that person,
is guilty of an offence and is liable on conviction to imprisonment
for fifteen years.
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Detention of
a person.
Abduction of
a female.
Householder,
etc., permitting
defilement of a
minor under
sixteen years
of age.
19. (1) A person who detains another against that other’s
will—
(a) in or upon any premises with intent that the person
detained may have sexual intercourse with any
person; or
(b) in any brothel,
is guilty of an offence and is liable on conviction to imprisonment
for ten years.
(2) A Magistrate or Justice 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.
20. A person who takes away or detains a female person against
her will with intent—
(a) to marry her or to have sexual intercourse with
her; or
(b) to cause her to marry or to have sexual intercourse
with a male person,
is guilty of an offence and is liable on conviction to imprisonment
for ten years.
21. (1) A person who—
(a) being the owner, occupier or manager of
premises; or
(b) having control of premises or assisting in the
management or control of premises,
permits a minor under sixteen years of age to resort to or to be in
or upon the premises for the purpose of having sexual intercourse
with any person is guilty of an offence and is liable on conviction
to imprisonment for ten years.
(2) It is a defence 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.
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Suppression of
brothels.
Person living on
earnings of
prostitution.
(3) A person shall not be charged for an offence under
this section if the minor is the spouse of that person.
22. A person who—
(a) keeps or manages or acts or assists in the
management of a brothel; or
(b) being the tenant, lessee, occupier or person in
charge of any premises, knowingly permits the
premises or any part thereof to be used as a brothel
or for the purposes of prostitution; or
(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
that the premises or some part thereof are or is
to be used as a brothel, or is wilfully a party to
the continued use of the premises or any part
thereof as a brothel,
is guilty of an offence and is liable on conviction to imprisonment
for five years.
PART II
SUPPLEMENTAL PROVISIONS
23. (1) A person who—
(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 liable on conviction to imprisonment
for five years.
(2) If it appears to any Magistrate or Justice, by complaint
on oath, that there is reason to suspect that any premises is used
for purposes 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 or Justice may issue a warrant
authorising any constable to enter (if need be by force) and search
the premises and to arrest that person.
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(3) Where a person is proved to live with or to be
habitually in the company of a prostitute, or is proved to have
exercised control, direction, or influence over the 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 to be knowingly living on
the earnings of prostitution unless the person proves the contrary.
24. A person who for purposes of gain, exercises control,
direction or influence over the movements of a prostitute in a way
which shows that the person is aiding, abetting or compelling the
prostitution is guilty of an offence and is liable on conviction to
imprisonment for five years.
25. Where in any proceedings for an offence under this Act 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.
26. A person under the age of twelve years is deemed incapable
of committing an offence under this Act.
27. Where at the trial of any offence under this Act, it is proved
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 willing to take charge of the minor
to be the guardian until the minor becomes an adult and the Court
shall have power to vary from time to time or rescind such order.
28. If at a trial for an offence under this Act the jury has to
consider 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 a matter to which the jury is to have regard, in
conjunction with any other relevant matters, in considering whether
that person so believed.
Person aiding in
prostitution.
Sexual
intercourse.
Age.
Divestment of
authority.
Consent.
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Hearing
in camera.
Admissibility of
video recorded
evidence.
[31 of 2000].
28 of 1996.
Evidence
concerning
sexual activity
and sexual
reputation.
Mandatory
reporting of
suspected abuse
of minors.
[31 of 2000].
29. The offences under sections 4 (rape), 5 (sexual assault)
and any offence involving children shall be heard in camera unless
the Court otherwise directs.
29A. The provisions of section 19B of the Administration of
Justice (Miscellaneous Provisions) Act, 1996, applies mutatis
mutandis, to proceedings under this Act.
30. (1) In proceedings in respect of an offence under this Act
no evidence shall be adduced by or on behalf of the accused
concerning the sexual activity of the complainant with any person
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 trial of the accused.
(2) Save as provided in subsection (1), no evidence of
sexual reputation is admissible for the purpose of challenging or
supporting the credibility of the complainant.
31. (1) Any person who—
(a) is the parent or guardian of a minor;
(b) has the actual custody, charge or control of
a minor;
(c) has the temporary custody, care, charge or control
of a minor for a special purpose, as his attendant,
employer or teacher, or in any other capacity; or
(d) is a medical practitioner, or a registered nurse or
midwife, and has performed a medical
examination in respect of a minor,
and who has reasonable grounds for believing that a sexual offence
has been committed in respect of that minor, shall report the grounds
for his belief to a police officer as soon as reasonably practicable.
(2) Any person who without reasonable excuse fails to
comply with the requirements of subsection (1), is guilty of an
offence and is liable on summary conviction to a fine of fifteen
thousand dollars or to imprisonment for a term of seven years or
to both such fine and imprisonment.
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(3) No report made to a police officer under the provisions
of subsection (1) shall, if such report was made in good faith for the
purpose of complying with those provisions, subject the person who
made the report to any action, liability, claim or demand whatsoever.
31A. Where a person prevents a minor from—
(a) giving a statement to the police; or
(b) testifying,
in proceedings relating to a sexual offence, he commits an offence
and is liable on summary conviction to a fine of twenty thousand
dollars and to imprisonment for a term of ten years.
31B. (1) Without prejudice to any other written law, where the
Court is satisfied that a minor is being prevented from giving
evidence and where a statement is made in any written form or
manner by a minor, or written in any form or manner by another
person on behalf of the minor, and upon the dictation of the minor,
that statement may be admissible in a trial as evidence of any fact
of which direct oral evidence of the minor would be admissible.
(2) The Court may admit into evidence the following
statement made by a minor:
(a) a statement made to and written by the police;
(b) a statement made in the form of a statutory
declaration;
(c) a statement written by the minor himself;
(d) a statement written by another person on behalf
of a minor who cannot write.
(3) The following provisions shall have effect in relation
to any written statement of a minor tendered in evidence under
this section:
(a) the minor shall state his age and that an adult of
her choice was present with him when it
was made;
(b) if the statement is written on behalf of a minor, it
shall be signed by both the minor and the person
who wrote it and it shall be dated;
(c) if the statement is written on behalf of a minor
Obstructing
prosecution.
[31 of 2000].
Admissibility of
minor’s
statement.
[31 of 2000].
UNOFFICIAL VERSION
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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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LAWS OF TRINIDAD AND TOBAGO
Sexual Offences Chap. 11:28 19
who cannot write, the person who wrote the
statement shall read it to the minor before he puts
his mark or thumbprint on it and it shall be
accompanied by a declaration of the person who
wrote it that it was read to the minor and that he
appears to understand it and he agreed to it;
(d) if the statement is written on behalf of a minor
who cannot read, the person who wrote the
statement shall read it to him before he signs it
and it shall be accompanied by a declaration of
the person who wrote it that it was read to the
minor and he appeared to understand it and he
agreed to it;
(e) if the statement refers to any other document, the
copy of the statement given to any other party to
the proceedings shall be accompanied by a copy
of that document or by such information as may
be necessary in order to enable the party to whom
it is given to inspect the document or a copy of it.
(4) The prosecution shall give a copy of the statement to
any other party to the proceedings ten clear days before the
prosecution tenders it into evidence.
(5) Any document or object referred to and identified in
a written statement tendered in evidence under this section shall
be treated as if it had been produced as an exhibit and identified in
Court by the witness.
(6) A minor whose written statement is tendered in
evidence under this section shall be treated as a person who had
been examined by the Court.
31C. (1) Without prejudice to any other written law, where a
statement, referred to in section 31B, appears to the Court to have
been prepared for the purposes of—
(a) pending or contemplated criminal proceedings; or
(b) a criminal investigation,
Statement in
documents
that appear to
have been
prepared for
purposes of
criminal
proceedings or
investigations.
[31 of 2000].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
20 Chap. 11:28 Sexual Offences
the statement shall not be tendered in evidence in a trial without leave
of the Court, and the Court shall not give leave unless it is of the
opinion that the statement ought to be admitted on the interest of justice.
(2) In considering whether the admission of a statement
under subsection (1) would be in the interest of justice, the Court
shall have regard—
(a) to the contents of the statement;
(b) to any risk of unfairness to the accused, or if there
is more than one accused to any one of them, if it
is likely that the statement can be controverted
and the person making the statement does not
attend to give oral evidence in the proceedings;
(c) to any other circumstances that appear to the Court
to be relevant.
(3) A written statement mentioned in this section shall be
tendered in evidence by the prosecution anytime before the
prosecution closes its case against the defendant—
(a) if the statement is written by the minor, by the
prosecution submitting the statement to the
Court; or
(b) if the statement is written on behalf of a minor,
by calling the person who wrote the statement to
put the statement into evidence.
(4) Where a statement is tendered into evidence under
subsection (2), it shall be read to the Court, and the defendant is entitled
to challenge its admissibility before it is admitted into evidence.
(5) Where the defendant exercises his right under
subsection (4), the Judge or Magistrate shall conduct a voir dire
and decide whether the whole or any part of the statement is
admissible into evidence.
31D. A minor who, in a written statement tendered in evidence
under section 31B wilfully makes a statement material in those
proceedings which he knows to be false or does not believe to be
true commits an offence and is liable on summary conviction to
committal to the Youth Training Camp or some other similar
institution for one year.
False written
statement
tendered in
evidence.
[31 of 2000].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Sexual Offences Chap. 11:28 21
31E. The Court may allow a minor, who is appearing in a matter
before it, to be barred from the view of the accused.
32. (1) Before or after a person is accused of an offence under
this Act, no matter likely to lead members of the public to identify a
person as the complainant in relation to that accusation shall either
be published in Trinidad and Tobago in a written publication available
to the public or be broadcast in Trinidad and Tobago except where,
on the application of the complainant, the Court directs that the effect
of the restriction is to impose a substantial and unreasonable
restriction on the reporting of proceedings and that it is in the public
interest to remove the restriction in respect of the applicant.
(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 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 a 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), “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.
33. (Repealed by Act No. 20 of 1994).
34. (1) If, upon the trial of any indictment for rape, or for an
offence under section 5, the jury is satisfied that the defendant is
guilty of an offence under section 8, 11, or 17, or of an indecent
assault, but is not satisfied that the defendant is guilty of the offence
Screen for
minor.
[31 of 2000].
Anonymity of
complainant and
accused.
[31 of 2000].
Alternative
verdict.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
22 Chap. 11:28 Sexual Offences
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 guilty of an offence
under section 5 or 11 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 case the jury may find
him guilty of an offence under section 5 or 11 or of indecent assault
as the case may be.
PART III
NOTIFICATION REQUIREMENTS FOR SEX OFFENDERS
34A. (1) A person shall be subject to the notification
requirements of this Part where—
(a) he has been convicted of a sexual offence to which
this Part applies and he has been sentenced to a
term of imprisonment;
(b) such sentence has been commuted; or
(c) he has been convicted of such offence, but has
not been dealt with for the offence.
(2) The Court before which a person is convicted of an
offence shall, upon passing a sentence, or dealing with the matter
in any other manner, specify the period of time during which the
convicted person shall be subject to notification requirements in
accordance with the following Table:
TABLE
Persons liable to
notification
requirements.
[31 of 2000].
DESCRIPTION OF PERSON
A person who, in respect of the offence, is
or has been sentenced to imprisonment for
life but such sentence has been commuted
for a term of ten years or more
APPLICABLE PERIOD
An indefinite period
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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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LAWS OF TRINIDAD AND TOBAGO
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(3) Subsection (4) applies where a person is sentenced in
respect of two or more sexual offences—
(a) to consecutive terms of imprisonment; or
(b) to terms of imprisonment which are partly
concurrent.
(4) Subsection (2) shall have effect as if the person had
been sentenced in respect of each of the offences to a term of
imprisonment which—
(a) in the case of consecutive terms, is equal to the
aggregate of those terms;
(b) in the case of concurrent terms, is equal to the
aggregate of those terms after making such
deduction as may be necessary to secure that no
period of time is counted more than once.
34B. (1) A person who is subject to notification requirements
shall, within fourteen days of his sentence or the commutation of
his sentence as the case may be, or of his being dealt with under
section 34A(1)(c), notify to the police in the local police area the
following information:
(a) his name and, where he also uses one or more
other names, each of those names;
(b) his home address;
(c) his date of birth.
(2) A person subject to notification requirements shall
before the end of the period of fourteen days beginning with—
(a) his using a name which has not been notified to
the police under this section;
(b) any change of his home address; or
A person who, in respect of the offence, is
or has been sentenced to imprisonment for
a term of more than five years but less than
ten years
A person who, in respect of the offence, is
or has been sentenced to imprisonment for
a term of five years or less
A person of any other description
A period of ten years commencing
with the date of the sentence
A period of seven years
commencing with that date.
A period of five years
commencing with that date
Notification
requirements.
[31 of 2000].
DESCRIPTION OF PERSON APPLICABLE PERIOD
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
24 Chap. 11:28 Sexual Offences
(c) his having resided or stayed for a period of
fourteen days at any premises in the address of
which has not been notified to the police under
this section,
notify that name, the effect of that change or, as the case may be,
the address of those premises, to the police.
(3) For the purpose of determining any period for the
purposes of this subsection, there shall be disregarded any time
when the person in question—
(a) is remanded in or committed to custody by an
order of a Court;
(b) is serving a sentence of imprisonment;
(c) is detained in a hospital; or
(d) is outside Trinidad and Tobago.
34C. (1) A person may give a notification requirement—
(a) by attending at any police station in his local
police area and giving an oral notification to any
police officer; or to any person authorised for the
purpose by the officer in charge of the station; or
(b) by sending a written notification to any such
police station.
(2) Any notification under this section shall be recorded
in a register provided for that purpose and shall be acknowledged;
such acknowledgement shall be in writing and in such form as the
Minister, to whom responsibility for national security is assigned,
may prescribe.
(3) In this section—
“home address”, in relation to any person, means the address of
his home, that is to say, his sole or main residence in Trinidad
and Tobago, or where he has no such residence, premises in
Trinidad and Tobago which he regularly visits;
“local police area”, in relation to any person, means the police
area in which his home is situated.
Method of
notification.
[31 of 2000].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Sexual Offences Chap. 11:28 25
34D. (1) If a person—
(a) fails without reasonable excuse, to comply with
section 34B(1) or (2); or
(b) notifies to the police, in purported compliance
with section 34B(1) or (2), any information which
he knows to be false,
he shall be liable on summary conviction to a fine of five thousand
dollars or to imprisonment for one year or both.
(2) A person commits an offence under subsection (1)(a)
on the day on which he first fails, without reasonable excuse, to
comply with section 34B(1) or (2), and continues to commit it
throughout any period during which the failure continues; but a
person shall not be prosecuted under that provision more than once
in respect of the same failure.
(3) Proceedings for an offence under this section may be
commenced in any Court having jurisdiction in any place where
the person charged with the offence resides or is found.
34E. (1) Where a person is convicted of an offence under the
sections to which this section applies, the Court shall require that
the person be medically examined.
(2) Where upon such examination it is found that the
person examined is suffering from the Human Immune Deficiency
Virus (hereinafter referred to as “HIV”) or any other communicable
disease, information to that effect shall be given promptly to the
virtual complainant and the person examined.
(3) Subject to subsection (2), the information shall be
confidential.
(4) Where it is found upon examination that the
complainant has contracted HIV or any other communicable
disease the Court, upon application by the complainant and upon
being satisfied on a balance of probabilities that the complainant
contracted the disease as a result of the offence, may order the
defendant to pay to the complainant compensation in addition to
any amount ordered under section 4(3).
(5) This section applies to sections 4, 6, 7, 8, 9, 10, 11,
12 and 13.
Offences.
[31 of 2000].
Mandatory
medical
examination of
accused.
[31 of 2000].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
