KINGSTOWN, St. Vincent, CMC – The Parliament of St. Vincent and the Grenadines has passed, with bi-partisan support, stiffer penalties for some sex crimes, including increasing the penalty for sexual intercourse with a girl under the age of 15 years.
Before Thursday’s law revision, the maximum sentence was five years imprisonment. It has now been increased to 15.
“It’s a significant increase,” said Prime Minister Ralph Gonsalves, who is also minister of legal affairs, as he presented the amendments to lawmakers, noting that in the country, no girl under the age of 15 can consent to sexual intercourse.
Gonsalves, a lawyer, noted that the maximum penalty for sex with a girl under the age of 13 is life imprisonment.
“Of course, honorable members will know that many of these offenses are often compromised or covered up in certain communities,” said Gonsalves, national security minister.
“And that is an ongoing issue of education and interface between police and complainants and Ministry of National Mobilisation, the counselors, teachers, pastors, and so on,” he said.
Under the revised law, the penalty for intercourse with a defective person has moved from five years imprisonment to 15 years.
“It’s apt that we are addressing these matters in Child Awareness Month, following up on when we had the discussions in March, when we had this the select committee, the month which is allocated for women, for special discussion of issues touching and concerning woman.”
Lawmakers have also doubled to 10 years imprisonment, the maximum sentence for indecent assault on a child under the age of 15.
However, in all other cases, the maximum penalty was increased from two to five years.
“And of course, instances of indecent assault, as those who practice law and those who live in the real world know, that they are at different levels.”
Gonsalves said that indecency with a child, an offense that was punishable by a maximum of one year in prison, would now attract up to 10 years behind bars.
Any person who permits premises to be used for sex with a girl under the age of 15 would face up to 15 years imprisonment, one year more than before the law was revised.
Whereas the maximum penalty was seven years if the girl was 13 years old but under 15, the new penalty is up to 10 years imprisonment.
The prime minister said several people do not know this is an offense.
“And I want to read it for the public: ‘A person who is the owner or occupier of any premises, or who has or acts or assists in the management or control of any premises, and who knowingly allows or induces a girl under the age of 15 to resort to or be in those premises to have sexual intercourse is guilty of an offense’ and liable to imprisonment,” Gonsalves said.
“I’ve been advised that in some cases, you have some associational groups, maybe gangs, they may feel they have a place where there’s a dwelling, and they allow some young girl to be brought there not for them to have sex with the person, with the young girl but to allow other persons. That’s a serious criminal offense — allowing the premises to be used. It is almost as serious as if you do it yourself.”
The revision to the law increases from seven to 15 years the punishment for causing or encouraging prostitution of a girl under the age of 15.
Causing prostitution of a woman has moved from 14 to 15 years imprisonment, the same as for detention in a brothel, a man living on earnings of prostitution, a woman exercising control over a prostitute, or keeping a brothel.
“Several persons don’t know that there are these several offenses, you know,” Gonsalves said.
“Very often, of course, is to get the evidence to prosecute, but you must have the offenses nevertheless on the books,” he said.
“And when I say the evidence, I’m not talking about gossip or superstition. I’m talking about admissible evidence that reaches the level that you will have a likelihood of a successful prosecution,” he further stated.
“In other words, credible admissible evidence. Very often, Mary may tell Janes, who tells Ephraim, who tells the police. But you can’t get Mary to tell you because what Jane gets there is hearsay. And if it doesn’t fall under one of the exceptions to the hearsay rule, it would be inadmissible in evidence.”
Lawmakers have further increased from seven to 10 years in prison the maximum sentence that the court can impose on a person who lets premises be used as a brothel. However, for a repeat offender, the maximum penalty moves from 14 to 15 years imprisonment.
Procurement of a woman by treats was moved from two to seven years, and procurement of a woman by false pretenses was similarly adjusted.
Gonsalves noted that the law says, “Any person who procures or attempts to procure a woman by threats or intimidation to have unlawful sexual intercourse, whether within St. Vincent and Grenadines or elsewhere, is guilty of an offense and liable to imprisonment.”
Further, any person who administers drugs to facilitate intercourse can face up to 10 years in prison, twice the previous maximum.
“… and this is one which those who practice law or those who follow matters in this area would know that there are reports, increasingly, of these matters with particular kinds of drugs which you put in a lady’s drink,” the prime minister said.
He noted that the law says, “Any person who applies or administers to or causes to be taken by a woman, any drugs, matter or thing with intent to stupefy or overpower her so as thereby to enable any man to have unlawful sexual intercourse with her is guilty of an offense.”
The penalty for incest has been increased from 14 to 20 years.
However, before the amendment, a man faced a maximum of 14 years, and a woman faced a maximum of seven. The maximum penalty is now 20 years imprisonment, regardless of the sex of the offender.
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