Sunday, 30 May 2010

Statutory Rape: Consent is Irrelevant

Q: I had sex with a girl, but then I found out she was 15. She looked no younger than 21!



A: It is a well known fact that children are getting involved in sexual activity at the youngest ages we've ever seen, and sometimes subsequently having children, like this 13 year old father in England.

In Trinidad & Tobago, it is no different. A lot of girls use their school-time looking for older men, something which gives them "rank" amongst their peers.

Taking that into consideration, this advice is ESPECIALLY for men.

Statutory rape is a VERY serious offence, which is defined as sexual intercourse by an adult with a person below a statutorily designated age.

The legal age at which a male or a female citizen of Trinidad & Tobago is permitted to have sexual intercourse is sixteen (16) years and over. This is governed by Section 6 of the Sexual Offences Act 1986 as amended by Section 31 of the Sexual Offences Act 2000.

The criminal offense of statutory rape is committed when an adult sexually penetrates a person who, under the law, is incapable of consenting to sex. Minors and physically and mentally incapacitated persons are deemed incapable of consenting to sex.. These persons are considered deserving of special protection because they are especially vulnerable due to their youth or condition.

Statutory rape is different from other types of rape in that force and lack of consent are not necessary for conviction. A defendant will be convicted of statutory rape even if the complainant explicitly consented to the sexual contact and no force was used by the actor. By contrast, other rape generally occurs when a person overcomes another person by force and without the person's consent.

The actor's age is an important factor in statutory rape where the offense is based on the victim's age. Furthermore, a defendant may not argue that he was mistaken as to the minor's age or incapacity.

63 comments:

shleton said...

I have read your articles on representing yourselves in court and I am trying to contact you could you tell me if it is allowed in trinidad and Tobago I am having problems with an Assistant Registrar as I try to represent mysely in A jUDICIAL Review case coukd you contact me at

ssfrancois@gmail.com

Anonymous said...

IM GLAD THAT SOMEONE IS DOING THIS BECAUSE WE REALLY DON'T KNOW OUR RIGHTS AS CITIZENS OF OUR COUNTRY, WE ALSO HAVE A PROBLEM WITH CUSTOMER SERVICE SO IF WE HAVE TO STAND IN ANY GOVERNMENT INSTITUTION IT COMES LIKE HELL FOR US BECAUSE IT ALSO TAKES THEM SOMETIMES YEARS TO HELP AND THEY ALWAYS TRY TO PROLONG THE PROCESS OF EVERYTHING SO THANKS AGAIN.

Anonymous said...

wait ....so if my girl is 18 and i now became 16 we can have sex !!??

Anonymous said...

Yes, you can have sex with your girl because you have reached the age of consent.

Anonymous said...

I would like to knw if the age of adulthood is still 18...but if i am 17 and my bf is 24...can they arrest him?

Trinbago Rights said...

If you read the article before asking the question you would see that the age for consent is 16.

Kerri-Ann Balbosa said...

THERE ARE A LOT OF PEOPLE DON'T KNOW I THINK THESE RIGHT MUST BE ADVERTISED MORE

Anonymous said...

this was very informative!! i've been looking for information on this topic for a while, and been getting alot of unsure answers until i found this site.. This type of stuff should be published more...

Anonymous said...

What if deception has been used to hide the age of the person as per say "the girl or boy is 17 going on 18" and their real age is 15 unknown to the pepretrator. Also what law is in place if someone cry rape and it did not happened?, to protect the pepretrator? Because many young girls are using this to their advantage and a lot of men are being jailed wrongfully. Please share thoughts.

Trinbago Rights said...

According to the British case of "R v G (2008)", even when the girl went to court and admitted that she lied to the man and that she consented to having sex with him, he was still found guilty.

Statutory rape is a strict liability offence, which means that proving fault is irrelevant.

Anonymous said...

there is nothing on sending naked pictures

Anonymous said...

if im 15 and I gave consent and got pregnant but im currently 16 and my bf is 19 can they still press charges to him ?

Trinbago Rights said...

They should...

Anonymous said...

if the girl 13 going on 14 and I was 14 going on 15 is that still rape ?

Trinbago Rights said...

Yes

Anonymous said...

Wait on magrige

Anonymous said...

if the girl 1 ran away with a girl 2 and girl 1 is 15 at that time and got raped by men over 20 what happens?

Anonymous said...

what if the male is 18 and the girl is 14 going on 15 but they never had sex.The closest thing to sex is french kissing and the parents know about their relationship both the boy and girl parents and they are okay with it and they don't plan on having sex till after marriage.Is that relationship wrong?

kris said...

If a man is being held in the police station for sex with a minor 14 YRS old and the act happened in my car and being held as evidence, will i get back my car, how long will it take. I don't have the certified copy with my name on it but i have the certified copy fron the previous owner, insurance is on my name and i have the receipt saying i purchased it. Pls guude me, how do i get it back, how long will it take.

Anonymous said...

What if im 16 going on 17 and my gf is 14 and she said we can have sex and i had sex with her, is that still rape?

Trinbago Rights said...

I'm not sure you'll get it back until the matter is completed.

Trinbago Rights said...

What kinda question is that? Obviously, the men should be charged!

Trinbago Rights said...

That's a question for a priest, not a Lawyer.

Anonymous said...

To the guy commenting on naked pictures, possession of a nude picture of anyone under the age of 18 is considered an offence of Possession of Child Pornography, as the person is legally not considered an adult, and is not at the legal age to partake in any kind of adult media.

Anonymous said...

what if i am 16 going on seventeen and the guy is 21 ?

Anonymous said...

my brother is 18 the girl is 14 but said she was 17 .he was charged with 2 counts of sexual assault with her consent what could be the imprisonment

Trinbago Rights said...

See new blog post.

Trinbago Rights said...

Look at the most recent post on the website.

Anonymous said...

this girl is 17 and would be 18 next month and she is pregnant are there any charges

Trinbago Rights said...

You're asking a question that is already answered in the post.

Anonymous said...

What if the girl is 17 and the guy is 21?

Anonymous said...

Could I get lock up for getting my gf who is 17 years old pregnant am 19

Anonymous said...

If the girl is 16 and the boy is 22. Would the boy be arrested if the girl is pregnant.

Anonymous said...

If the girl is sixteen going on seventeen next month and is pregnant??

Anonymous said...

So if a 15 year old has sex wit a 23 year old parent knew n did nothing can it come back to hunt the future ????

Anonymous said...

wth everybody asking the same thing allyuh sick???

Anonymous said...

ew

Anonymous said...

You say the age of consent is 16 but who is considered a minor? And which law will come into effect if sex does take place

Anonymous said...

Get an Education it will help you to find your answer if not just go to the top and read......Trinis, I remember placing a want ad...and got dozens of calls from people who wanted...

Anonymous said...

My sister is 16 going on 17 and is having sexual intercourse with a 32 year old man with full consent. Would this be considered as statutory rape? PLEASE DO REPLY AND GUIDE ME

Trinbago Rights said...

Not sure why you're asking a question regarding age when this has already been answered in the post.

Anonymous said...

What if both parties to the sexual act are under 16?

Joseph M said...

If you were (1) 15 years and (2) he was not older than you by three years at the time of the act, and (3) you gave consent, then if someone else decides to press charges he can easily win his case. If you decide to call him up on this, then it would be different. Under 14 years, he would automatically be found guilty with no defense. You were 15 years, so the act states the following:

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.

Trinbago Rights said...

Correct.

Section 7(2) of the Sexual Offences Act 1986, as amended.

Anonymous said...

What are d consciquence in kissing a 13 yr old nothing more but kiss

Anonymous said...

hey please answer me ................ if i am 16 and pregnant will my 24 year old boyfriend get locked up or charged???

Trinbago Rights said...

I hope so.

Anonymous said...

Will a 35 year man get charges for having sex with a 17 year girl

Trinbago Rights said...

I hope so. Someone should inform the police.

Anonymous said...

Is it legal for a 30 year old man to date a 17 going on 18 girl.

Cherryann Price said...

If I am 17 years old and my boyfriend is 27 years old is anything wrong with that????

selectah wale MiL VYBZ TEAM said...

if the male is 19 yrs and the girl is 15 yrs and there parents know about the relationship but they had sex once and she got pregnant what does the law states is tht Statutory rape.. need an ans asap

selectah wale MiL VYBZ TEAM said...

..

babyboo steffy said...

het am if the girl is 16 and the guy is 22 could he get lock up or charged

Trinbago Rights said...

He should.

Shakiea Anderson said...

if a girl is 16 and her boyfriend is 21 and they are having sex could he be charged?

Anonymous said...

good day my daugther is a victim of statutory rape. i reported the incident to the police and the matter is in court right now....is it possible to have the proceedings stopped and charges dropped against the individual. and what are the implications of trying to do so.

babyboo steffy said...

if the girl is 16 and the boy is 20 and she got pregnant by mistake will he get lock up or charge

marina sanchez said...

as i read at the top of all these comments asking the exact same thing, to answer your questions, as long as you are over 16, you can have sex with, get pregnant for do all positions, have multiple partners, as you wish legally. This means you can't get locked up as long as everyone is over 16. please stop asking the same thing over and over.

Rinelle Glasgow said...

Just found out my boyfriend is 17 going on 18 I'm 22 will I get charge for that

Unknown said...

No

Anonymous said...

Just found out my 17yr old son who is turning 18yrs on friday is dating a 35yr old woman. What should I do?

Trinbago Rights said...

If he's happy, be happy for him.