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. "

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