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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.
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67 comments:

  1. shleton5 April 2012 at 16:53

    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

    ReplyDelete
  2. Anonymous29 July 2012 at 09:37

    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.

    ReplyDelete
  3. Anonymous3 May 2013 at 17:51

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

    ReplyDelete
  4. Anonymous1 September 2013 at 05:48

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

    ReplyDelete
  5. Anonymous4 September 2013 at 08:12

    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?

    ReplyDelete
    Replies
    1. Trinbago Rights4 September 2013 at 20:48

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

      Delete
  6. Unknown23 October 2013 at 09:07

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

    ReplyDelete
  7. Anonymous29 October 2013 at 10:40

    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...

    ReplyDelete
  8. Anonymous30 October 2013 at 14:35

    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.

    ReplyDelete
    Replies
    1. Trinbago Rights31 October 2013 at 08:16

      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.

      Delete
  9. Anonymous7 November 2013 at 16:59

    there is nothing on sending naked pictures

    ReplyDelete
  10. Anonymous22 January 2014 at 15:24

    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 ?

    ReplyDelete
    Replies
    1. Trinbago Rights25 January 2014 at 08:39

      They should...

      Delete
    2. J_Madray2 April 2015 at 07:42

      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.

      Delete
    3. Trinbago Rights3 April 2015 at 19:00

      Correct.

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

      Delete
  11. Anonymous10 February 2014 at 00:20

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

    ReplyDelete
  12. Anonymous11 March 2014 at 23:29

    Wait on magrige

    ReplyDelete
  13. Anonymous21 March 2014 at 08:57

    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?

    ReplyDelete
    Replies
    1. Trinbago Rights4 April 2014 at 07:57

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

      Delete
  14. Anonymous21 March 2014 at 19:50

    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?

    ReplyDelete
    Replies
    1. Trinbago Rights4 April 2014 at 08:06

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

      Delete
  15. Anonymous29 March 2014 at 11:16

    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.

    ReplyDelete
    Replies
    1. Trinbago Rights4 April 2014 at 06:53

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

      Delete
  16. Anonymous2 April 2014 at 20:48

    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?

    ReplyDelete
  17. Anonymous6 April 2014 at 19:42

    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.

    ReplyDelete
  18. Anonymous14 April 2014 at 22:26

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

    ReplyDelete
    Replies
    1. Trinbago Rights16 April 2014 at 10:43

      Look at the most recent post on the website.

      Delete
    2. Anonymous16 October 2014 at 22:27

      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...

      Delete
  19. Anonymous15 April 2014 at 09:51

    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

    ReplyDelete
  20. Anonymous15 June 2014 at 19:12

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

    ReplyDelete
    Replies
    1. Trinbago Rights16 June 2014 at 09:32

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

      Delete
  21. Anonymous23 July 2014 at 15:23

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

    ReplyDelete
  22. Anonymous5 August 2014 at 16:49

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

    ReplyDelete
  23. Anonymous8 August 2014 at 11:03

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

    ReplyDelete
  24. Anonymous8 August 2014 at 11:07

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

    ReplyDelete
  25. Anonymous4 September 2014 at 11:38

    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 ????

    ReplyDelete
  26. Anonymous5 September 2014 at 19:46

    wth everybody asking the same thing allyuh sick???

    ReplyDelete
  27. Anonymous18 September 2014 at 18:46

    ew

    ReplyDelete
  28. Anonymous1 October 2014 at 20:21

    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

    ReplyDelete
  29. Anonymous26 December 2014 at 14:35

    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

    ReplyDelete
    Replies
    1. Trinbago Rights26 December 2014 at 23:46

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

      Delete
  30. Anonymous16 March 2015 at 12:03

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

    ReplyDelete
  31. Anonymous26 April 2015 at 10:22

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

    ReplyDelete
  32. Anonymous29 June 2015 at 17:55

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

    ReplyDelete
  33. Anonymous7 July 2015 at 00:45

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

    ReplyDelete
    Replies
    1. Trinbago Rights7 July 2015 at 08:34

      I hope so. Someone should inform the police.

      Delete
  34. Anonymous15 July 2015 at 20:03

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

    ReplyDelete
  35. Unknown18 September 2015 at 10:36

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

    ReplyDelete
  36. Unknown8 November 2015 at 17:30

    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

    ReplyDelete
  37. babyboo steffy18 January 2016 at 23:22

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

    ReplyDelete
  38. Unknown9 February 2016 at 17:19

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

    ReplyDelete
  39. Anonymous13 April 2016 at 19:22

    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.

    ReplyDelete
  40. babyboo steffy5 August 2016 at 21:39

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

    ReplyDelete
  41. marina sanchez11 October 2016 at 12:51

    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.

    ReplyDelete
  42. Dr. Francis Traditional Healing review12 October 2016 at 05:26

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

    ReplyDelete
  43. Unknown23 October 2016 at 16:20

    No

    ReplyDelete
  44. Anonymous26 April 2017 at 18:37

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

    ReplyDelete
  45. Unknown5 January 2018 at 17:23

    Can the person my gf drop the xharges when she turns 18.

    ReplyDelete
  46. Anonymous21 January 2018 at 20:48

    If someone is asked to pick up a 13 year old girl and the boy is 18 years old and drop them off at the boy's home . And Anti kidnapping and CPU gets involved to locate the girl as an abductee what penalties can the driver recieve

    ReplyDelete
  47. Unknown9 January 2019 at 22:54

    What if a 16 yr old girl had sex with a 22 yr old man would it be rape if the girl already lost her virginity not by the 22 yr old man but By someone else

    ReplyDelete
  48. Anonymous26 June 2019 at 15:05

    please reply if I'm a 15 yeare old going in 16 and also pregnant and my boyfriend is 17 years and both parents acept we're together can we get in any trouble at all

    ReplyDelete
  49. Anonymous1 March 2020 at 05:41

    If the boy is 18 and the girl is 15(with no sexual activity)and their parents have consented the relationship can the boy still get charged?

    ReplyDelete
  50. Anonymous1 March 2020 at 11:21

    If the boy is 18 and the girl is 15(with no sexual activity) and their parents have consented their relationship can the boy still get charged?

    ReplyDelete
  51. Unknown30 April 2020 at 13:57

    If a girl is 17 and got pregnant for and 18 year old boy going on 19 Will they get in trouble?

    ReplyDelete

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