Trinidad and Tobago Law against Gay Marriages

Q: Can you point me to the relevant law against same-sex couples getting married in Trinidad and Tobago?

A: It can be found in the Matrimonial Proceedings and Property Act 1972, as amended - Section 13(1) A marriage which takes place after the commencement of this Act shall be void on the following grounds...:
(c) that the parties are not respectively male and female.

Duty to stop after an accident

Q: Where does it say that someone must stop after an accident?

A: According to Section 79 of the Motor Vehicles and Road Traffic Act Chapter 48:50:
 (1) Where, owing to the presence of a vehicle on a road, an accident occurs whereby injury or damage is caused to any person, animal or property, the driver of such vehicle shall immediately stop, and—

(a) if any person has been injured in the accident, the driver shall render such person aid, and if the person wishes to be taken to hospital or to a doctor, or is unconscious, convey or cause to be conveyed the injured person without delay to the nearest hospital or to a doctor;

(b) if requested by the injured person or by the owner of the damaged property or some person on such owner’s behalf, the driver shall give his name and address and particulars of his driving permit and the name and address of the owner of the vehicle;

(c) unless a report is made by the driver at the time and place of the accident to a member of the Police Service, the person riding in, driving or in charge of the vehicle shall proceed with all proper despatch to the nearest Police Station or police constable in uniform and shall report the accident, and shall give his name and address and the name and address of the owner of the vehicle and the names of any persons in the vehicle at the time of the accident.

(2) Any person who contravenes this section is guilty of an offence.

Rape and Sexual Assault

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”)—

• (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.