Dominica - Age of Consent
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Source: http://www.odci.gov/cia/publications/factbook/geos/do.html
Facts and country location
Source: http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/
Dominica - Dominique - Dominica Roseau
I. Ages for legal purposes
The age of simple majority The legal age of majority is eighteen (18) years.
The age of consent for sexual activity
The legal age of consent for sexual activity is sixteen (16) years.
The age of consent for marriage
The legal age of consent for marriage is eighteen (18) years.
II. Rape
‘Rape’, Article 49 of the " Offences Against the Person " Act, Laws of
Dominica, Chap. 10 ; 31
" Any person who is convicted of the crime of rape is liable to imprisonment for ten
years. "
III. Other forms of child sex abuse
‘Defilement of girls under fourteen (14) years of age’, Article 3 of the "
Sexual Offences Act "
" (1) Any person who unlawfully and carnally knows any girl under the age of fourteen
(14) years
is liable to imprisonment for life.
(2) Any person who attempts to have unlawful carnal knowledge of any girl under
the age of
fourteen (14) years is liable to imprisonment for seven years ; but in case of an offender
whose age
does not exceed sixteen (16) years, the Court may, instead of sentencing him to any term
of
imprisonment, order him to be whipped as prescribed by the Juvenile Offenders Punishment
Act.
(3) Where, upon the hearing of a charge under this section, the girl in respect of whom
the offence
is charged to have been committed or any other child of tender years who is tendered as a
witness
does not, in the opinion of the Court or Magistrate, understand the nature of an oath, the
evidence of the girl or other child of tender years may be received, though not given upon
oath if,
in the opinion of the Court or Magistrate, as the case may be, the girl or other child of
tender
years is possessed of sufficient intelligence to justify the reception of the evidence and
understands
the duty of speaking the truth.
(4)-(5) (...) "
‘Defilement of girls between fourteen (14) and sixteen (16) years of age’,
Article 4 of the " Sexual Offences Act "
" (1) Subject to subsections (2) and (3), any person who -
a) unlawfully and carnally knows, or attempts to have unlawful carnal knowledge
of any girl of or above the age of fourteen (14) years and under the age of sixteen
(16) years ; or
b) unlawfully and carnally knows, or attempts to have unlawful carnal knowledge
of any female idiot or imbecile woman or girl under circumstances which do not
amount to rape but which prove that the offender knew, at the time of the
commission of the offence, that the woman or girl was an idiot or imbecile,
- is liable to imprisonment for seven years.
(2) It shall be a sufficient defence to any charge under subsection (1) a) if it is made
to appear to
the Court or jury before whom the charge is brought that the person so charged had
reasonable
cause to believe that the girl was of or above the age of sixteen (16) years.
(3) No prosecution shall commence for an offence under subsection (1) a) more than three
months
after the commission of the offence. "
‘Unlawful detention with intent to have carnal knowledge’, Article 7 of the
" Sexual Offences Act "
" (1) Any person who detains any woman or girl against her will -
a) in or upon any premises with intent that she may be unlawfully and carnally known by
any man, whether any particular man or generally ; or
b) in any brothel,
- is liable to imprisonment for two years.
(2) Where a woman or girl is in or upon any premises for the purpose of having any
unlawful
carnal connection, or is in any brothel, a person shall be deemed to detain the woman or
girl in
or upon the premises, or in the brothel, if, with intent to compel or induce her to remain
in or
upon the premises or in the brothel, the person withholds form the woman or girl any
wearing
apparel or other property belonging to her or, where wearing apparel has been lent or
otherwise
supplied to the woman or girl by or by the direction of the person, the person threatens
the
woman or girl with legal proceedings if she takes away with her the wearing apparel so
lent or
supplied.
(3) No legal proceedings, whether civil or criminal, shall be taken against any woman or
girl for
taking away or being found in possession of any wearing apparel as was necessary to enable
her
to leave the premises or brothel. "
‘ Punishment of Incest’, Article 14 of the " Sexual Offences Act "
" (1) Any male who carnally knows a female who is to his knowledge his
grand-daughter, daughter,
sister or mother, is liable to imprisonment for seven years ; but if, on indictment for
the offence, it is
alleged in the indictment and proved that the female is under the age of fourteen (14)
years, the
same punishment may be imposed as may be imposed under section 3 for carnally knowing a
female
under fourteen (14) years.
(2) It is immaterial that the carnal knowledge was had with the consent of the female.
(3) If any male attempts to commit the offence as aforesaid, he is liable to imprisonment
for two
years.
(4) (...) "
‘Incest by females of or over sixteen (16)’, Article 15 of the " Sexual
Offences Act "
" Any female of or above the age of sixteen (16) years who with consent permits her
grandfather,
farther, brother or son, to have carnal knowledge of her (knowing him to be her
grandfather, father,
brother, or son, as the case may be) is liable to imprisonment for seven years. "
‘Indecent Assault’, Article 50 of the " Offences Against the Person Act
"
" Any person who is convicted of any indecent assault upon any female is liable to
imprisonment
for seven years. "
‘Abduction of a woman against her will for motives of lucre’, Article 51 of the
" Offences Against the Person Act "
" Where any woman of any age has any interest, whether legal or equitable, present or
future,
absolute, conditional or contingent, in any real or personal estate, or is a presumptive
heiress or
co-heiress, or presumptive next-of-kin, to any one having such interest, any person who,
from
motives of lucre, takes away or detains the woman against her will with intent to marry or
carnally
know her, or to cause her to be married or carnally known by any other person, and any
person who
fraudulently allures, takes away or detains the woman being under the age of eighteen (18)
years,
out of possession and against the will of her father or mother, or of any other person
having the
lawful care or charge of her with intent to marry or carnally know her, or to cause her to
be married
or carnally known by any other person, is liable to imprisonment for two years, and any
person who
is convicted of any offence against this section shall be incapable of taking any estate
or interest,
legal or equitable, in any real or personal property of the woman or in which she has any
such
interest, or which shall come to her as such heiress, co-heiress or next-of-kin as
aforesaid ; and if
any such marriage as aforesaid has taken place, the property shall, upon the conviction,
be settled
in such manner as a Judge shall appoint, upon any information at the suit of the Attorney
General. "
‘Forcible Abduction of any woman with intent to marry her’, Article 52 of the
" Offences Against the Person Act "
" Any person who by force takes away or detains against her will any woman of any age
with the
intent to marry or carnally know her, or to cause her to be married or carnally known by
any other
person, is liable to imprisonment for five years. "
‘Abduction of a girl under sixteen (16) years of age’, Article 53 of the "
Offences Against the Person Act "
" Any person who unlawfully takes, or causes to be take,, any unmarried girl, being
under the age of
sixteen (16) years, out of the possession and against the will of her father and mother or
of any
other person having the lawful care or charge of her, is liable to imprisonment for two
years. "
IV. Child prostitution
Currently the Commonwealth of Dominica has no specific legislation related to the offence
of child
prostitution. We can only mention the next article related to the offence of prostitution
in general
Article 2 of the " Sexual Offences Act ", ‘Procuring defilement by threats
or fraud or administrating drugs’
" (1) Any person who -
a) by threats or intimidation procures or attempts to procure any woman or girl to have
any unlawful carnal connection ; or
b) by false pretences or false representations procures any woman or girl, not being a
common prostitute or of known immoral character, to have any unlawful carnal connection ;
or
c) applies, administers to, or causes to be taken by any woman or girl any drug, matter or
thing, with intent to stupefy or overpower so as thereby or enable any person to have
unlawful carnal connection with such woman or girl,
- is liable to imprisonment for two years.
(2) No person shall be convicted of an offence under this section upon the evidence of one
witness
only unless the witness is corroborated in some material particular by evidence
implicating the
accused. "