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No.
9 of I 995.
The Sexual Offences Act, 1995.
1 ANTIGUA A m BARBUDA [ L.S.
3 I Assent, James B. Carlisle, Governor-General.
21st July, 1995.
ANTIGUA AND BARBUDA No.
9 of 1995 AN ACT to repeal and replace the laws of Antigua and Barbuda relating to sexual crimes, to the procuration, abduction and prostitution of persons and to kindred offences.
[ 2nd November, 1995 ] ENACTED by the Parliament of Antigua a d Barbuda as follows - PART 1 PRELIMINARY 1. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
This Act may be cited as the Sexud Offences Act, 1995. short title.
2.
In this Act - Interpretation.
"adult" means a person who is eighteen years of age or more; "brothel" means a place resorted to by persons of either sex for the purpose of prostitution; "minor" means a person under eighteen years of age; 2 The Sexual OSfences Act, 1995.
No.
9 of 1995. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
No.
9 of 1995.
ANTIGUA AND BARBUDA "prostitute" means a person of either sex who engages in prosutution; "prostitution" means the offering of the body by aperson of ermw XLn ITOF the purpose of arousing or gratifying the sexual desire of another for payment in return.
PART I1 OFFENCES AND THE PROSECUTION AND PUNISHMENT OF OFFENCES Rape.
3. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(1) A male person commits the offence of rape when he has sexual intercourse with a female person who is not his wife either - (a) without her consent where he knows that she does not consent to the intercourse or he is reckless as to whether she consents to it; or (b) with her consent where the consent - (i) is extorted by threats or fear of bodily harm to her or to another; or (ii) is obtained by impersonating her husband; or (iii) is obtained by false and fraudulent representa- tions as to the nature of the act. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(2) A male person who commits the offence of rape is liable on conviction to imprisonment for life.
Sexual assault by a husband in certain circumstances.
4.
(1) A husband commits the offence of sexual assault when he has sexual intercourse with his wife without her consent by force or fear where there is in existence in relation to them - (i) a decree nisi of divorce; (ii) a decree of judicial separation; No.
9 of 1995.
The Sexual Offences Act, 1995. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
9 of 1995.
The Sexual Offences Act, 1995.
3 ANTIGUA AND BARBUDA (iii) a separation agreement; or (iv) an order fsa the husbmd not to molest his wife or have sexual intercourse with her.
(2) A husband who commits the offence of sexual assault is liable on conviction to imprisonment for fifteen years.
(3) No proceedings for an offence under this section shall be instituted except by or with the consent of the Director of Public Prosecutions.
5. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
5.
(1) Where a male person has sexual intercourse with a sexual intercourse female person who is under the age of fourteen years, he is guilty with a female under of an offence, whether or not the female person consented to the intercourse or whether or not at the time of the intercourse he believed her to be fourteen years of age or more, and is liable on conviction to imprisonment for life. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(2) Where a marriage is invalid under section 61 of the Marriage Act, the invalidity does not make the husband guilty of cap.
347. an offence under this section because he has sexud intercourse with his wife, if he believes her to be his wife and has reasonable cause for the belief.
6. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
6.
(1) Where a male person has sexual intercourse with a sexual intercourse female person who is not his wife with her consent and who has with female attained the age of fourteen yexs but has not yet attainedthe age of sixteen years, he is guilty of an offence, and is liable on conviction to imprisonment for ten years. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(2) A male person is not guilty of an offence under subsec- tion (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 substantially to blame.
7. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
7.
(1) Where a female adult has sexual intercourse with amale sexual intercourse person who is not her husband and who is under the age of sixteen with male under slxteen.
4 The Sexual Offences i4ct, 1995.
No.
9 of 1995.
ANTIGUA AND BARBUDA Incest.
years, she is guilty of an offence, whether or not the male person consented to the intercourse, and is liable on conviction to imprisonment for seven years. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(L) A :LII&L adult is not guilty of an offence under subsection (1) - (a) if she honestly believed that the male person was sixteen years of age or more; or (b) if the female adult is not more than three years older than the male person and the court is of the opinion that evidence discloses that as between the female adult and the male person, the female adult is not wholly or substantially to blame.
8. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
8.
(1) A person commits the offences of incest knowing that another person is by blood relationship, his or her parent, child brother, sister, grandparent, grandchild, uncle, niece, aunt or nephew, as the case may be, has sexual intercourse with that person.
(2) It is immaterial that sexual intercourse referred to under subsection (1) was had with the consent of the person. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(3) A person who commits the offence of incest is liable on conviction to imprisonment - (a) for life, if committed by an adult with aperson under fourteen years of age; (6) for fifteen years, if committed by an adult with a person fourteen years of age or more; (c) for two years, if committed between minors fourteen years of age or more.
(4) A person is not guilty of an offence under this section if that person committed the offence under restraint, duress or fear. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(5) In this section, any expression importing a relationship between two persons shall be taken to apply notwithstanding that therelationship isnottraced through lawful wedlock, and "brother" includes half-brother and "sister" includes half-sister.
No.
9 of 1995.
The Sexual Offences Act, 1995.
5 ANTIGUA AND BARBUDA 9. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
5 ANTIGUA AND BARBUDA 9.
(1) An adult who has sexual intercourse with a minor who sexual intercourse is the adult's adopted child, step-child, foster child ward or With adopted dependant in the adult's custody is guilty of an offence.
minor, etc.
(2) An adult who commits an offence under this section is liable on conviction to imprisonment - (a) for life, if committed with a minor under fourteen years of age; (bj for fifteen years, if committed with a minor fourteen years of age or more.
10. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
10.
(1) An adult who has sexual intercourse with a minor sexual intercourse who - (a) (b) is in the adult's employment; or is in respect of any employment or work under or in any way subject to the adult's control or direction; or with minor employee.
(c) receives his or her wages or salary directly or indi- rectly from the adult, is guilty of an offence and is liable on conviction to imprisonment for ten years. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(2) For the purposes of subsection (1) it is not a defence for the adult to prove that the minor employee consented to the inter- course.
(3) An adult shall not be guilty of an offence under this section if the minor is the spouse of the adult.
11.
(1) Where aperson under circumstances that do not amount se,d intercourse to rape has sexual intercourse with another who is mentally with mentally subnormal and who is not the person's spouse, that person is guilty Subnorma' person. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
of an offence and is liable on conviction to imprisonment for fifteen years.
(2) It is a defence for that person to prove that he did not know and had no reason to believe that the other person was mentally subnormal.
5 The Sexual Offences Act, 1995.
No.
9 of 1995. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
5 The Sexual Offences Act, 1995.
No.
9 of 1995.
ANTIGUA AND BARBUDA (3) In this section "mentally subnormal" means state of arrested or incomplete development of mind which includes a significant impairment of intelligence and social functioning and is irresponsible conduct on the part of the person concerned. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(4) No proceedings for an offence under this section shall be instituted except by or with the consent of the Director of Public Rosecutions who shall have regard iater alia as to whether or not any abuse in relation to the mentally subnormal person has been committed.
Buggery.
12. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
Buggery.
12.
(I) A person who commits buggery is guilty of an offence and is liable on conviction to imprisonment - (a) (b) for life, if committed by an adult on a minor; for fifteen years, if committed by an adult on another adult; (c) for five years, if committed by a minor.
(2) In this section "buggery" means sexual intercourse per m u m by a male person with a male person or by a male person with a female person.
Bestiality.
13. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
Bestiality.
13.
(1) Aperson whocommitsbestiality is guilty of an offence and is liable on conviction to imprisonment for ten years.
(2) In his section "bestiality" means sexual intercourse per m u m orper vaginum by a male or female person with an animal.
Indecent assault.
14.
(1) A person who indecently assaults another is guilty of an offence and is liable on conviction to imprisonment for five Y=. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(2) A person under the age of sixteen years cannot in law give any consent which would prevent an act being an assault for purposes of this section.
(3) In this section, "indecent assault" means an assault accom- panied by words or circumstances indicating an indecent inten- tion.
No.
9 of 1995.
The Sexual Offences Act, 1995.
7 ANTIGUA AND BARBUDA 15.
(1) A person who commits an act of serious in&cency on Serious indecency. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
or towards another is guilty of an offence and is liable on conviction to imprisonment - (a) for ten years, if committed on or towards a minor under sixteen years of age; (b) for five years, if committed an or towards a person sixteen years of age of more, 32) S ~ b s e t h i ~ (Zj6Soesntltapply to an act of serious indecency c o d & in private between - (a) a husband and his wife; or (b) a male person and a female person each of whom is sixteen years of age or more; both of whom consent to the commission of the act. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(3) An act of "serious indecency" is an act, other than sexual intercourse (whether natural or unnatural), by a person involving the use of the genital organ for the purpose of arousing or gratifying sexual &sire.
16.
A person who - Rocuration. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(a) procures a minor under sixteen years of age to have sexual intercome with any person either in Antigua and Barbuda or elsewhere; or (b) procures another for prostitution, whether or not the person procured is already a prostitute, either in Antigua and Barbuda or elsewhere; or (c) procures another person to become an inmate, whether or not the person procured is already an inmate elsewhere, of or to frequent a brothel either in Antigua and Barbuda or elsewhere, is guilty of an offence and is liable on conviction to imprisonment for fifteen years. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
17.
A p s o n who - Procuring defilement of a person.
8 The Sexual Ogences Act, 1995.
No.
9 of 1995. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
ANTIGUA AND BARBUDA (a) by threats or intimidation procures another to have sexual intercouse with my person either in Antigua and Barbuda or elsewhere; or (b) by deception procures another to have sexual inter- course with any person either in Antigua and Bar- buda or elsewhere; or (c) applies, administers to cr cause to be take11 by any personmy drug, matter or thing with intent to stupefy or overpower that person so as thereby to enable any other prson to have sexual intercourse with that person, A guilty of an offence and is liable on conviction to imprisonment for fifteen years. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
Detention of a person.
18.
(1) A person who detains another against that other's will - (a) in or upon any premises with intent that the person detained may have sexual intercourse with any per- son; or (b) in any brothel, is guilty of an offence and is liable on conviction to imprisonment for ten years. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(2) A magistrate who is satisfied upon oath that there is reasonable ground for believing that a person is unlawfully detained in any place for immoral purposes, may issue a warrant authorising any constable to enter (if need be by force) and search any place specified in the warrant and to remove any person so detained and apprehend any person accused of the unlawful detention.
Abduction of a female.
19. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
Abduction of a female.
19.
A person who takesaway or detainsafemale person against her will with intent - (a) (b) to many her or to have sexual intercourse with her; or to cause her to marry or to have sexual intercourse with a male person, No.
V of 1995.
The Sexual Offences Act, 1995.
9 ANTIGUA AmvD BARBUDA is guilty of an offence and is liable on conviction to imprisonment for ten years.
20. f 1) A p m who - Householder, etc. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
20. f 1) A p m who - Householder, etc.
permitting defilement of a (a) being the owner, occupier or manager of premises; or minor under (b) having control of premises or assisting in the man- ager.
agement or control of premises, sixteen years of pennits aminor under sixteen years of age to resort to or to be in or upon the premises for the purpose of having sexual intmurse with any person is guilty of an offence and is liable on conviction to imprisonment for ten years. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(2) It is a &fence for a person charged under this section to prove that he did not know or had no reason to believe or suspect that the minor was under the age of sixteen years.
(3) A person shall not be charged for an offence under this section if the minor is the spouse of that person. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(a) keeps or manages or acts or assists in the manage- ment of a brothel; or (b) being the tenant, lessee, occupier or person in charge of my premises, knowingly permits the premises or any part thereof to be used as a brothel or for the purposes d prostitution; ar (c) being the lessor or landlord of any premises, or the agent of the lessor or landlord, lets the same or any part thereof with the knowledge'tJm the premises or some part thereof are or is to be used as a brothel, or is wilfully aparty tothe continueduseof the premises or any part thereof as a brothel, Prohibition of brothel. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
is guilty of an offence and is liable on summary conviction to a fine of $10,000 and to imprisonment for five years.
22.
(1) A person who - Persons living on earnings of prostitution.
10 The Sexual c3fSeeprces Act, 8995.
No.
9 of 1995.
ANTIGUA AND BARBUDA (a) knowingly lives wholly or in part on the earnings of prostitution, or (b) in any place solicits for immoral purposes, is guilty of an offence and is Pihb on conviction to imprisonment fa five years. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(2) If it a p p n to any Magistrate, by compiint 3n oath.
&at there is reason to suspect that any premises is used for pwkmsev~ of prostitution and that any person residing in or frequenting the premises is living wholly or in part on the earnings of prostitution, the Magistrate may issue a warrant authorising any constable to enter (if need be by force) and search the premises and to arrest that person. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(3) Where aperson is proved to live with or to be habitually in thecompany of aprostitute, or is proved to have exercised control, direction, or influence overthe movements of a prostitute, in such a manner as to show that the person is aiding, abetting or compelling the prostitution with any other person or generally that person shall be deemed tobe knowingly living on the earnings of prostitution unless the person proves the contrary.
SUPPLEMENTAL PROVISIONS sexual intercourse.
23. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
SUPPLEMENTAL PROVISIONS sexual intercourse.
23.
Where in any proceedings for an offence under this ACL it is necessary to prove sexual intercourse (whether natural or unnatural) it shall not be necessary to prove the completion of the intercourse by the emission of seed but the intercourse shall be deemed complete upon proof of penetration only.
Divestment of authority.
24. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
Divestment of authority.
24.
Where at the trial of any offence under this Act, it is proved to the satisfaction of the Court that the defilement of a minor has been caused, encouraged or favoured by the minor's father, mother, guardian or any other person who has lawful care or charge of the minor, the court may divest such person of all authority over the minor and appoint any other suitable person williig to take charge of the minor to be the guardian until the No.
9 of 2995. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
9 of 2995.
The Sexual Offences Act, 1995.
11 ANTIGUA AND BARBUDA minor becomes an adult and the Court shall have power to vary from time to time or rescind such order.
25.
If at a trial for an offence under this Act the jury has to consent. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
con;si&r whether a person believed that another was consenting to sexual intercourse or to any other sexual act, the judge shall direct the jury that the presence or absence of reasonable grounds for such a belief is amatter to which the jury is to have regard, in conjunction with any other relevant matters, in considering whether that person so believed.
26.
Any proceedings in respect of an offence under sections 3 Hearing in camera. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
and 4 or in any offence involving a minor shall be heard in camera unless the court otherwise directs.
27.
(1) In proceedings in respect of an offence under this Act Evidence no evidence shall be adduced by or on behalf of the accused concerning sexual concerning the sexual activity of thecomplainant with any person other than the accused unless the Court, on an application made by or on behalf of the accused in the absence of the jury, thinks such evidence necessary for the fair tria!
of the accused. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
of the accused.
:g:tz::.d (2) Save as provided in subsection (I), no evidence of sexual reputation is admissible for the purposeof challenging Qr support- ing the credibility of the complainant.
28.
The Common Law rules relating to evidence of recent Recent complaint.
conph.int in sexual offence cases are abolished.
29. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
29.
(1) After a person is accused of an offence under this Act, Anonymity of no matter likely to lead members of the public to identify a person as the complainant or as the accused in relation to that accusation accused. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
shall either be published in Antigua and Barbuda in a written publication available to the public or be broadcast in Antigua and Barbuda except - complainant and (a) where, on the application of the complainant or the accused, the Court directs that the effect or the restriction is to impose a substantial and unreason- able restriction on the reporting of proceedings and thatitis in the public interest toremovetheresuiction in respect of the applicant; or (b) in the case of an accused, after he has been tried and convicted of the offence. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
12 The Sexual Qffences Act, 1995.
No.
9 of 1995.
ANTIGUA AND BARBUDA (2) A person who publishes or broadcasts any matter contrary to subsection (1) is guilty of an offence and liable on summary conviction to a fine of twenty-five thousand dollars and to ian~fisoxunent for two years and upon conviction on indictment to a fine 01 twenty-five thousand dollars and to imprisonment for five years. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(3) Subsection (2) refers to - (a) in the case of a publication in a newspaper or periodical, any proprietor, any editor and publisher of the newspaper or periodical; (b) in the case of any other publication, the person who publishes it; and (c) in the case of a broadcast, any body corporate which transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(4) In subsection (1) - "accused means - (a) a person named in an information laid alleging that that person has committed the offence; (b) a person who appear before a Court charged with the offences: "complainant" includes in relation to a person accused of an offence under this Act, the person against whom the offence is alleged to have been committed.
Committalproceed- ing.
30. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
Committalproceed- ing.
30.
(1) A Magistrate's Court inquiring into an offence under this Act may, if satisfied that all the evidence before the court (whether for the prosecution or for the defence) consists of written statements tendered to the court under subsection (3), with or without exhibits, commit the accused for trial for the offence without consideration of the contents of those state- ments unless - No.
9 of 1995.
The Sexual Offences Act, 1995. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
9 of 1995.
The Sexual Offences Act, 1995.
13 ANTIGUA AND BARBUDA (a) the accused or one of the accused is not represented by counsel or solicitor; (b) counsel or solicitor for the accused or one of the accused, as the case may be, has requested the court to consider a submission that the statements disclose insufficient evidence to put that accused on trial by jury for the offence. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(2) In committal paoce*ings a written statement by any persm &di, if the condieions ~nenfioned in subsection (3) are satisfied, be admissible as c~idence to the like effect by that person. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(3) The conditions referred to in subsection (2) are that - (a) the statement purports to be signed by the person who made it; (b) the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were tendered in evidence, he would be liable to prosecution if he wilfully stated in it any- thing which he knew to be false or did not believe to be true; (c) before that statement is tendered in evidence a copy of the statement is given, by or on behalf of the party proposing to tender it, to each of the parties to the proceedmgs; and (d) before the statement is tendered in evidence at the committal proceedings, none of the other parties objects to the statement being so tendered under this section. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(4) The following provisions also have effect in relation to any written statement tendered in evidence under this section, that is to say - (a) where the statement is made by a minor, it shall give his age; 14 The Sexual Offences Act, i995.
No.
9 of 1995.
ANTIGUA AND BARBUDA Alternative verdict. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(6) where the statement is by aperson who cannot read, it shall be read to him before he signs it and shall be accompanied by a declaration by the person who so read the statement to the effect that it was so read; and ( c where the statement refers to m y other docunlent as an exhibit, the copy given w any other party to the proceedings under papagraph (c) of subsection (3) shdl k accompanied by a copy of that document or by such information as may be necessary in order to enabk the party to whom it is given to inspect that document or a copy thereof. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
31.
(1) If, upon the trial of any indictment for rape, or for an offence under section 4, the jury is satisfied that the defendant is guilty of an offence under section 7, 10 or 16, or of an indecent assault, but is not satisfied that the defendant is guilty if the offence charged in the indictment or of an attempt to commit the same, then and in every such case the jury may acquit the defendant of the offence and find him guilty of such offence as mentioned above or of an indecent assault. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
and thereupon the defendant is liable to be punished in the same manner as if he had been convicted upon an indictment for such offence as mentioned above or for the offence of indecent assault. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(2) If upon the trial of any indictment for incest by a person, the jury is satisfied that the defendant is guiIty of an offence under section 4 or 10 or of an indecent assault but is not satisfied that the defendant is guilty of the charge of incest or of an attempt to commit the same then and in every such a case the jury may find him guilty of an offence under section 4 or 18 or of indecent assault as the case may be.
Repeals and amendments.
Cap.
21.
32. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
Repeals and amendments.
Cap.
21.
32.
(1) The Criminal Law Amendment Act is repealed.
(2) The enactments specified in the Schedule are amended in the manner specified therein.
Savings.
33.
(1) Where immediately before the coming into operation of this Act - (a) any person has been charged or indicted under the repealed Act or amended law and such charge or No.
9 of 1995.
The ~ e x u d Offences Act, 1995. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
15 ANTIGUA AND BARBUDA indictment Bas not been finally determined, such Cap.21 charge or indictment shall continue to be dealt with and completed or otherwise determined in all re- spects as if this Act had not been enacted; (b) any order has been issued under the repealed Act or amended law, the validity of the order shall not be affected by the repeal of the Act or amended law and anything done or omitted iSt<r the repeal took effect which would have constituted an offence under the y x & e @ Act QT mended law if that Act or amended hw bad remained in force shall constitute an offence under that Act and be punishable accordingly. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
(2) In this section "repealed Act or amended law" means the Criminal Law Amendment Act and any law amended or provi- sion of any law repealed under section 33.
SCHEDULE (Section 32) Enactment.
Extent of Amendments In section 3, by deleting the words, "two years" and substitut- ing the words "twenty years" Repeal sections 46,47,48,49,50,56, and 57.
Female Lunatic (Protection) Act Cap.
30.
0 f f e n c e s against the Per- son Act, Cap.
58.
Small Charges Act Cap.
77. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
58.
Small Charges Act Cap.
77.
In section 18, by deleting the words "forty-eight dollars" wherever they occur and substituting the words "Twenty thou- sand dollars".
In section 39, (a) by repealing subsections (1) and (2); (b) in subsection (3) by deleting the words "twomonths" and substituting the words "two years"; (c) in subsection (4) by deleting the words "six months" and substituting the words "three years"; and 16 The Sexual Offences Act, 1995.
No.
9 of 1995. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
No.
9 of 1995.
ANTIGUA AND BARBUDA (d) in subsection (5) by deleting the words "six months" and substituting the words "two years".
Passed the House of Representatives his 26th day of June, 1995.
Passed the Senate this 6th day of July, 1995.
MF Percival, President.
S. Walker, Clerk to the House of Representatives.
S. Walker, Clerk to the Senate.
Printed at the Government Printing Office, Antigua and Barbuda, by Rupert Charity, Government Printer -By Authority, 1995.
1000-1 1.95 [ Price $6.80 1 | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639724864.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
ANTIGUA AND BARBUDA DOMESTIC VIOLENCE ACT 2015 No.
27 of 2015 [Published in the Official Gazette Vol.
XXXVI No.18 dated 17th March, 2016] Printed at the Government Printing Office, Antigua and Barbuda, by Ralph George, Government Printer — By Authority, 2016.
500—3.16 [Price $19.05] Domestic Violence Act, 2015.
2 No.
27 of 2015 No.
27 of 2015 3 Domestic Violence Act, 2015.
ANTIGUA AND BARBUDA DOMESTIC VIOLENCE ACT ARRANGEMENT OF CLAUSES PART I PRELIMINARY 1.
Short title and commencement 2. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
Short title and commencement 2.
Interpretation 3.
Duty to inform victim and applicant of rights 4.
Arrest by police officer without warrant PART II PROTECTION ORDERS 5.
Application for protection order 6.
Power of Court to grant Interim Protection Order 7.
Terms of Protection Order 8.
Matters to be considered by Court 9.
Undertaking from respondent 10.
Seizure of firearm and dangerous weapons 11.
Service of notice of proceedings 12.
Validity of Interim Protection Order 13. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
Validity of Interim Protection Order 13.
Power to grant Final Protection Order 14.
Explanation of orders 15.
Service of orders 16.
Service other than personal service Domestic Violence Act, 2015.
4 No.
27 of 2015 PART III VARIATION AND REVOCATION OF INTERIM PROTECTION ORDER AND FINAL PROTECTION ORDER 17.
Variation and revocation of orders PART IV ENFORCEMENT OF ORDERS 18.
Breach of orders PART V POLICE POWERS OF ENTRY AND ARREST 19.
Duties of police officers 20.
Issue of warrant 21. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
Issue of warrant 21.
Police powers of arrest without warrant 22.
Duty of police officer to assist victims 23.
Warrant of arrest and procedure upon arrest of respondent where Court issues Interim Protection Order 24.
Powers of arrest where a Final Protection Order is in force 25.
Existing criminal law to apply PART VI GENERAL 26.
Conduct of proceedings 27.
Evidence 28.
Standard of proof 29.
Restriction of publication of reports No.
27 of 2015 5 Domestic Violence Act, 2015.
30. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
27 of 2015 5 Domestic Violence Act, 2015.
30.
Orders by consent 31.
Appeals 32.
Protection of mortgage 33.
Rules of the Court 34.
Property rights 35.
Obligation to report ill-treatment of children 36.
Bail 37.
Offences 38.
Regulations PART VII PROVISIONS RELATING TO BAIL PART VIII OFFENCES AND PENALTIES PART IX REGULATIONS PART X REPEALS AND TRANSITIONALS 39.
Repeal 40.
Definitions for Part X 41.
Domestic violence order to continue to have effect 42.
Application for protection order 43. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
Application for protection order 43.
Domestic violence committed before commencement 44.
Application for variation of domestic violence order 45.
Application for revocation of domestic violence order Domestic Violence Act, 2015.
6 No.
27 of 2015 46.
Service and other things done in relation to continued applications 47.
Appeal 48.
Restriction on publication of proceedings 49.
Restriction on obtaining copies of documents 50.
References to repealed Act No.
27 of 2015 7 Domestic Violence Act, 2015. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
27 of 2015 7 Domestic Violence Act, 2015.
[ L.S.]
I Assent, Rodney Williams, Governor-General.
8th March, 2016.
ANTIGUA AND BARBUDA DOMESTIC VIOLENCE ACT, 2015 No.
27 of 2015 AN ACT to provide greater protection for victims of domestic violence and to make provision for the granting of protection orders and for matters incidental thereto and connected therewith.
ENACTED by the Parliament of Antigua and Barbuda as follows: PART I PRELIMINARY 1. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
Short title and commencement (1) This Act may be cited as the Domestic Violence Act 2015.
(2) The Minister may by Notice published in the Gazette appoint a date on which this Act comes into force.
2. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
Interpretation In this Act― “applicant” means a person, including a child, who is or has been in a domestic relationship with the respondent and who makes an application pursuant to section 5; “approved social worker or advocate” means a person experienced or qualified in social welfare and approved by the Minister in writing; “child” includes a person under the age of eighteen years who ordinarily or periodically resides with the applicant, whether or not the child is a child of the applicant and the Domestic Violence Act, 2015. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
8 No. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
27 of 2015 respondent or either of them, and an adopted child, a stepchild, or a child who is treated as a child of the family; “Clerk” means the Clerk or Deputy Clerk of the Court; “cohabitant” means a person who is living or has lived with a person of the opposite sex as a husband or wife although not legally married to each other; “dependant” includes a person over the age of eighteen years who by reason of physical or mental disability, age or infirmity is reliant on either the applicant or the respondent for his or her welfare; or who is over the age of 18 years but is under the age of 25 years and is receiving full time education at an educational institution or undergoing training for a trade, profession or vocation. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
“Commissioner of Police” means the Commissioner of Police appointed pursuant to Police Act, Cap. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
330; “Court” means the Magistrates court or any other court of competent jurisdiction; “cyberstalking” means the use of the Internet or other electronic means to stalk or harass a person and in particular includes: (a) using any lewd, lascivious, indecent, or obscene words, images, or language, or suggesting the commission of any lewd or lascivious act anonymously or repeatedly whether or not conversation occurs; or (b) threatening to inflict injury on the person or property of the person communicated with or any member of his or her family or household; with intent to harass, intimidate, torment, or embarrass a person. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
“domestic relationship” means a relationship between an applicant and a respondent in any of the following ways― (a) they are or were married to each other, including marriage according to any law, custom or religion; (b) they cohabit or cohabited with each other in a relationship of some permanence; (c) they are the parents of a child or are persons who have or had parental responsibility for that child, whether or not at the same time; (d) they are family members related by consanguinity, affinity or adoption; (e) they would be family members related by affinity if the persons referred to in paragraph (b) were, or were able to be married to each other; or No. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
27 of 2015 9 Domestic Violence Act, 2015. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(f) they share or shared the same household or residence; “domestic violence” means: (1) any controlling or abusive behaviour that harms the health, safety or well-being of the applicant or any child in the care of the applicant and includes but is not limited to the following― (a) physical abuse or threats of physical abuse; (b) sexual abuse or threats of sexual abuse; (c) emotional, verbal or psychological abuse; (d) economic abuse; (e) intimidation; (f) harassment; (g) stalking; (h) damage to or destruction of property; or (i) entry into the applicant’s residence without consent, where the parties do not share the same residence. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(2) For the purposes of the definition of domestic violence, threats, intimidation, harassment or stalking include threats, intimidation harassment or stalking or and cyberstalking on the Internet or by electronic means. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
“economic abuse” includes― (a) the deprivation or threatened deprivation of any or all economic or financial resources to which the applicant is entitled under the law or which the applicant requires out of necessity, including household necessities for the applicant and any child, and mortgage bond repayments of the shared household; or (b) the disposal or threatened disposal of household effects or other property in which the applicant has an interest; “emergency monetary relief” includes― (a) compensation for monetary losses suffered by the applicant and any child at the time of the issue of an Interim Protection Order as a result of domestic violence; Domestic Violence Act, 2015. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
10 No. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
27 of 2015 (b) loss of earnings; (c) medical and dental expenses; (d) moving and accommodation expenses; or (e) interim expenses; “emotional, verbal and psychological abuse” means degrading or humiliating conduct by the respondent to the applicant and includes- (a) repeated insults, ridicule or name calling; (b) repeated threats to cause emotional pain; (c) the repeated exhibition of obsessive possessiveness, or jealousy which is such as to constitute serious invasion of the applicant’s privacy, liberty, integrity or security; “firearm” shall have the meaning assigned to it in the Firearms Act, Cap. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
171; “harassment” includes― (a) engaging in a pattern of conduct that induces the fear of harm ; (b) watching or loitering outside of or near the building or place where the applicant resides, works or carries on business, studies or happens to be; (c) repeatedly making telephone calls or inducing another person to make telephone calls to the applicant, whether or not the conversation ensues; (d) repeatedly sending electronic mail or text messages to the applicant; (e) repeatedly sending, delivering or causing the delivery of letters, packages, facsimiles, or other objects to the applicant’s home or place of work; “Interim Protection Order” means an order made pursuant to section 6; “intimidation” means uttering, conveying or causing any person to receive a threat which induces fear; “Minister” means the Minister responsible for Social Services; “order” means an Interim Protection Order or a Final Protection Order; “police officer” has the meaning assigned to it in the Police Act, Cap. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
330; No.
27 of 2015 11 Domestic Violence Act, 2015. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
“physical abuse” means any act of assault; “prescribed” means prescribed by the Regulations made pursuant to the provisions of this Act; “protection order’ means an order made pursuant to section 6; and a final Protection Order issued pursuant to section 13; “respondent” means a person who is or has been in a domestic relationship with the applicant and against whom the applicant has obtained or is endeavouring to obtain an order pursuant to section 6 or section 13; “sexual abuse” means any sexual conduct that abuses, humiliates, degrades or otherwise violates the sexual integrity of the applicant; “shared household” means a household where the applicant and the respondent live or lived together in a domestic relationship; “stalking” includes the repeatedly following, pursuing or accosting of the applicant; “victim” means any person whom alleges to have been subjected to an act of domestic violence; 3. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
Duty to inform victim and applicant of rights (1) A police officer, at the scene of an incident of domestic violence, or when the incident of domestic violence is reported shall― (a) inform the victim of his or her rights in the manner as stated in Schedule I; and hand a printed copy of the information relating to the right of the victim pursuant to paragraph (a) as soon as possible thereafter (b) .
4. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
4.
Arrest by police officer without warrant Subject to section 21, a police officer may arrest a person at the scene of an incident of domestic violence, without a warrant, whom he or she reasonably suspects of having committed an offence containing an element of violence.
Domestic Violence Act, 2015.
12 No.
27 of 2015 PART II PROTECTION ORDERS 5. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
12 No.
27 of 2015 PART II PROTECTION ORDERS 5.
Application for protection order (1) An applicant may apply to the Court for an Interim Protection Order pursuant to section 6 in accordance with Form I in Schedule II, on the ground that the respondent has engaged in domestic violence.
(2) The Clerk shall inform the applicant that they may seek assistance from the Directorate of Gender Affairs. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(3) The application referred to in subsection (1) shall be made by way of an affidavit in which shall be stated― (a) the facts on which the application is based; (b) the nature of the order applied for; (c) the name of the police station at which the applicant is likely to report any breach of the protection order. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(4) Notwithstanding the provisions of any other law, an application made pursuant to subsection (1) may be brought on behalf of the applicant by any other person, who has a material interest in the well-being of the applicant, including a police officer, a social worker or advocate, save and except that the application shall be brought with the consent of the applicant, except in circumstances where the applicant is- (a) a child; (b) physically or mentally incapacitated by unsoundness of mind or a disability; (c) unconscious; or (d) under the influence of intoxicating liquor or drugs. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(e) uncooperative but there exists credible information on which the case may be pursued (5) Pursuant to subsection (4) (a) a child may apply for a protection order through― (a) a person with whom the child normally resides or resides with on a regular basis or any adult member of his or her household; or No.
27 of 2015 13 Domestic Violence Act, 2015.
(b) a parent or guardian or a person who is in loco parentis to the child. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(6) The application referred to pursuant to subsection (1) may be brought outside the ordinary hours of the Court or on a day which is not an ordinary day for the sitting of the Court.
(7) The application made pursuant to subsection (1) may be accompanied by supporting affidavits of persons who have knowledge of the matter concerned.
(8) The applicant may request that his or her physical address be omitted from the protection order. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(9) The application and affidavits shall be lodged with the Clerk of the Court who shall forthwith submit the application and the affidavits to the Court.
(10) In considering the application made pursuant to subsection (1), the Court― (a) may require further oral evidence or evidence by affidavit; and (b) shall record any oral evidence referred to in paragraph (a).
6. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
6.
Power of Court to grant Interim Protection Order (1) The Court may make an Interim Protection Order on an ex parte basis, pending the hearing and determination of the proceedings, if it appears necessary or appropriate to do so in order to ensure the safety and protection of the applicant. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(2) Where the Court is satisfied that the respondent is committing, or has committed or is likely to engage in conduct that would constitute an act of domestic violence, the Court shall grant an Interim Protection Order against the respondent, in accordance with Form II in Schedule II. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(3) In exercising his or her powers pursuant to the provisions of this section, the Court shall not refuse to grant an Interim Protection Order by reason of the fact that the respondent has not been given notice of the proceedings.
(4) An Interim Protection Order granted pursuant to subsection (1) shall call upon the respondent to show cause on the return date specified in the Interim Protection Order as to why the Interim Protection Order should not be confirmed. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(5) The return date referred to in subsection (4) shall not be less than ten days after service has been effected upon the respondent pursuant to provisions of section 11.
(6) An Interim Protection Order may be made for such period of time as the Court considers necessary but shall not exceed thirty days.
Domestic Violence Act, 2015.
14 No. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
Domestic Violence Act, 2015.
14 No.
27 of 2015 (7) An Interim Protection Order is automatically extended for a period of fifteen days where the Court is unable to hear and determine the proceedings before the expiry of the period in sub- section (6).
7. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
Terms of Protection Order (1) In granting an Interim Protection Order pursuant to section 6 or a final Protection Order pursuant to section 13, the Court may prohibit the respondent from— (a) committing any act of domestic violence; (b) enlisting the help of any person to commit any such act of domestic violence; (c) entering the shared household, save and except that the Court shall only impose this prohibition only if it appears to be in the interests of the applicant or any child; (d) entering a specified part of the shared household; (e) entering the residence of the applicant; (f) entering the place of employment of the applicant; (g) entering the place of schooling or care of any child; (h) (i) preventing the applicant or any child who ordinarily lives or lived in the shared household from entering or remaining in the shared household or a specified part of the shared household; taking possession of, damaging, converting or otherwise dealing with property that the applicant may have an interest in, or is reasonably used by the applicant as the case may be; (j) approaching the applicant within a specified distance; or (k) committing any other act as specified in the order. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
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