Q: Could you explain rape and the laws regarding it in Trinidad and Tobago?
A: Firstly, many people wrongly use the terms "rape" and "sexual assault" interchangeably. I've seen the Trinidad Express reporters do this on numerous occasions...
In a nutshell, rape is always sexual assault but sexual assault is not always rape.
RAPE
In Trinidad and Tobago, the definition of Rape is found in Section 4 of the Sexual Offences Act (as amended).
4. (1) Subject to subsection (2), a person (“the accused”) commits the offence of rape when he has sexual intercourse with another person (“the complainant”)—
SEXUAL ASSAULT
Sexual Assault is defined in Section 4A of the Sexual Offences Act (as amended).
4A. (1) Subject to subsection (2), a person (“the accused”) commits the offence of grievous sexual assault when he commits the act on another person (“the complainant”)—
WHAT'S THE DIFFERENCE?
The difference between the two is that rape generally involves penetration, whether it is of the vagina, anus or mouth; whereas, sexual assault will include any kind of unwanted sexual activity (I used "activity" instead of "contact" because some definitions include words as a form of assault).
MARITAL RAPE
Up until 1991, marital rape was rejected as an impossibility by English courts because they believed that a wife gave her consent to sex by getting married. The law in Trinidad & Tobago states that it is possible for a husband to sexually assault a wife, but in regards to rape, I am inclined to believe that should a case of "marital rape" arise, the English law will be effective.
A: Firstly, many people wrongly use the terms "rape" and "sexual assault" interchangeably. I've seen the Trinidad Express reporters do this on numerous occasions...
In a nutshell, rape is always sexual assault but sexual assault is not always rape.
RAPE
In Trinidad and Tobago, the definition of Rape is found in Section 4 of the Sexual Offences Act (as amended).
4. (1) Subject to subsection (2), a person (“the accused”) commits the offence of rape when he has sexual intercourse with another person (“the complainant”)—
- (a) without the consent of the complainant where he knows that the complainant does not consent to the intercourse or he is reckless as to whether the complainant consents; or
- (b) with the consent of the complainant where the consent—
- (i) is extorted by threat or fear of bodily harm to the complainant or to another;
- (ii) is obtained by personating someone else;
- (iii) is obtained by false or fraudulent representations as to the nature of the intercourse; or
- (iv) is obtained by unlawfully detaining the complainant.
SEXUAL ASSAULT
Sexual Assault is defined in Section 4A of the Sexual Offences Act (as amended).
4A. (1) Subject to subsection (2), a person (“the accused”) commits the offence of grievous sexual assault when he commits the act on another person (“the complainant”)—
- (a) without the consent of the complainant where he knows that the complainant does not consent to the act or he is reckless as to whether the complainant consents; or
- (b) with the consent of the complainant where the consent—
- (i) is extorted by threat or fear of bodily harm to the complainant or to another;
- (ii) is obtained by personating someone else;
- (iii) is obtained by false or fraudulent representations as to the nature of the intercourse; or
- (iv) is obtained by unlawfully detaining the complainant.
WHAT'S THE DIFFERENCE?
The difference between the two is that rape generally involves penetration, whether it is of the vagina, anus or mouth; whereas, sexual assault will include any kind of unwanted sexual activity (I used "activity" instead of "contact" because some definitions include words as a form of assault).
MARITAL RAPE
Up until 1991, marital rape was rejected as an impossibility by English courts because they believed that a wife gave her consent to sex by getting married. The law in Trinidad & Tobago states that it is possible for a husband to sexually assault a wife, but in regards to rape, I am inclined to believe that should a case of "marital rape" arise, the English law will be effective.
