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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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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=. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.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 | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573291687.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/a1995-9.pdf |
LAWS OF ANTIGUA AND BARBUDA Criminal Law Amendment (CAP.
116 1 CHAPTER 116 T H E CRIMINAL LAW AMENDMENT ACT Arrangement of Sections Section 1.
Short title.
2.
Procuring defilement by threats or fraud, or administer- ing drugs.
3.
Defilement of girl under twelve years of age.
4.
Defilement of girl between twelve and fourteen years of age.
5.
Householder, &c., permitting defilement of young girl on his premises.
6 .
Abduction of girl under sixteen with intent to have carnal knowledge.
7. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
7.
Unlawful detention with intent to have carnal knowledge.
8.
Power, on indictment for rape, to convict of certain misdemeanours.
9.
Power of search.
10.
Custody of girls under sixteen.
11.
Saving of liability to other criminal proceedings 12.
Connection by personating husband to be rape.
LAWS OF ANTIGUA AND BARBUDA Criminal Law Amendment (CAP.
116 3 CRIMINAL LAW AMENDMENT (5th March, 1887.)
611887.
211926.
811933.
811949.
S.R.O.
2211956.
1. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
211926.
811933.
811949.
S.R.O.
2211956.
1.
This Act may be cited as the Criminal Law Amend- Short title.
ment Act.
2.
Any person who- Procuring defilement bv (a) by threats or intimidation procures or attempts ~ ~ ~ to procure any woman or girl to have any unlawful drugs. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
carnal connection, or ~ $ ~ , d i ( b ) by false pretences or false representations pro- cures any woman or girl to have any unlawful carnal connections, or (c) applies, administers to, or causes to be taken by any woman or girl any drug, matter, or thing, with intent to stupefy or overpower so as thereby to enable any person to have unlawful carnal connection with such woman or girl, shall be guilty of a misdemeanour, and shall be liable to be imprisoned for any term not exceeding two years: Provided that no person shall be convicted of an offence under this section upon the evidence of one witness only, unless such witness be corroborated in some material parti- cular by evidence implicating the accused. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
3.
(1) Any person who unlawfully and carnally knows ~ ~ ; ~ ~ t ~ e any girl under the age of twelve years shall be guilty of felony, years of age.
and shall be liable to be imprisoned for life. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
and shall be liable to be imprisoned for life.
l v e (2) Any person who attempts to have unlawful carnal knowledge of any girl under the age of twelve years shall be guilty of a misdemeanour, and shall be liable to be im- prisoned for any term not exceeding two years, with or without hard labour: Provided that in the case of a n offender whose age does not exceed sixteen years, the Court may, instead of sentencing ' 4 CAP.
116) Criminal Law Amendment LAWS OF ANTIGUA AND BARBUDA Cap. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
106. him to any term of imprisonment, order him to be whipped as prescribed by the Corporal Punishment Act. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
(3) Where, upon the hearing of a charge under this section, the girl in respect of whom the offence is charged to have been committed, or any other child of tender years who is tendered as a witness does not, in the opinion of the Court or Magistrate, understand the nature of an oath, the evidence of such girl or other child of tender years may be received, though not given upon oath, if, in the opinion of the Court or Magistrate, as the case may be, such girl or other child of tender years is possessed of sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth: Provided that no person shall be liable to be convicted of the offence, unless the testimony admitted by virtue of this section and given on behalf of the prosecution shall be corroborated by some other material evidence in support thereof implicating the accused: Provided, also, that any witness whose evidence has been admitted under this section shall be liable to indictment and punishment for perjury in all respects as if he or she had been sworn. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
4. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
Any person who- ( a ) unlawfully and carnally knows, or attempts to have unlawful carnal knowledge of, any girl being of or above the age of twelve years and under the age of fourteen years; or ( b ) unlawfully and carnally knows, or attempts to have unlawful carnal knowledge of, any female idiot or imbecile woman or girl, under circumstances which do not amount to rape, but which prove that the offender knew, at the time of the commission of the offence, that the woman or girl was an idiot or imbecile; shall be guilty of a misdemeanour, and shall be liable to be imprisoned for any term not exceeding two years, with or without hard labour: Provided that it shall be a sufficient defence to any charge under paragraph (a) of this section, if it shall be made to appear to the Court or jury, before whom the charge shall be brought, that the person so charged had reasonable cause Defilement of eirl between cwelve and fourteen years of age. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
LAWS OF ANTIGUA AND BARBUDA Criminal Law Amendment (CAP.
1 16 5 to believe that the girl was of or above the age of fourteen years: Provided also that no prosecution shall be commenced for an offence under paragraph (a) of this section more than three months after the commission of the offence.
5 . | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
5 .
Any person who, being the owner or occupier of Householder, of any premises, or having, or acting or assisting in, the def-;ie,e,t management or control thereof, induces or knowingly suffers young girl on his any girl of such age as is in this section mentioned to resort to, or be in or upon, such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man or generally- &c permitting premises. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
(a) shall, if such girl is under the age of twelve years, be guilty of felony, and shall be liable to be im- prisoned for any term not exceeding five years, with or without hard labour; and (b) if such girl is of or above the age of twelve and under the age of fourteen years, shall be guilty of a misdemeanour, and shall be liable to be imprisoned for any term not exceeding two years, with or without hard labour: Provided that it shall be a sufficient defence to any charge under this section, if it shall be made to appear to the Court or jury, before whom the charge shall be brought, that the person so charged had reasonable cause to believe that the girl was of or above the age of fourteen years. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
6.
Any person who, with intent that any unmarried Abduction of girl under sixteen inten, ,, girl under the age of sixteen years should be unlawfully and ,ith carnally known by any man, whether such carnal knowledge' have carnal knowledge. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
is intended to be with any particular man or generally, takes, or causes to be taken, such girl out of the possession and against the will of her father or mother, or any other person having the lawful care or charge of her, shall be guilty of a misdemeanour, and shall be liable to be imprisoned for any term not exceeding two years, with or without hard labour: Provided that it shall be a sufficient defence to any charge under this section, if it shall be made to appear to the Court 6 CAP. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
116) Criminal Law Amendment LAWS OF ANTIGUA AND BARBUDA or jury that the person so charged had reasonable cause to believe that the girl was of or above the age of sixteen years.
Unlawful detention with intent to have carnal knowledge.
7. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
7.
(1) Any person who detains any woman or girl against her will- (a) in or upon any premises with intent that she may be unlawfully and carnally known by any man, whether any particular man or generally, or (6) in any brothel, shall be guilty of a misdemeanour, and shall be liable to be imprisoned for any term not exceeding two years, with or without hard labour. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
(2) Where a woman or girl is in or upon any premises for the purpose of having any unlawful carnal connection, or is in any brothel, a person shall be deemed to detain such woman or girl in or upon such premises, or in such brothel, if, with intent to compel or induce her to remain in or upon such premises or in such brothel, such person withhold from such woman or girl any wearing apparel or other property belonging to her, or, where wearing apparel has been lent or otherwise supplied to such woman or girl by or by the direction of such person, such person threatens such woman or girl with legal proceedings if she takes away with her the wearing apparel so lent or supplied. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
(3) No legal proceedings, whether civil or criminal, shall be taken against any such woman or girl for taking away or being found in possession of any such wearing apparel as was necessary to enable her to leave such premises or brothel.
8.
Power, on If upon the trial of any indictment for rape, or any indictment for rape, to convict offence made felony by section 3, the jury shall be satisfied of certain that the defendant is guilty of an offence under section 2, rnisdemeanours. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
3 or 4, or of an indecent assault, but are not satisfied that the defendant is guilty of the felony charged in such indict- ment, or of an attempt to commit the same, then and in every such case the jury may acquit the defendant of such felony, and find him guilty of such offence as aforesaid, or of an indecent assault, and thereupon such defendant shall be liable to be punished in the same manner as if he had LAWS OF ANTIGUA AND BARBUDA Criminal Law Amendment (CAP. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
116 7 been convicted upon an indictment for such offence as aforesaid, or for the misdemeanour of indecent assault.
9.
(1) If it appears to any Magistrate, on informa- Power of search. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
tion made before him on oath by any parent, relative, or guardian of any woman or girl, or any other person who, in the opinion of such Magistrate, is bonrifide acting in the interest of any woman or girl, that there is reasonable cause to suspect that such woman or girl is unlawfully detained for immoral purposes by any person in any place within the jurisdiction of such Magistrate, such Magistrate may issue a warrant authorizing any person named therein to search for, and, when found, to take to and detain in a place of safety such woman or girl until she can be brought before a Magistrate; and the Magistrate before whom such woman or girl is brought may cause her to be delivered up to her parents or guardians, or otherwise dealt with as circumstances may permit and require. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
(2) The Magistrate issuing such warrant may, by the same or any other warrant, cause any person accused of so unlawfully detaining such woman or girl to be apprehended and brought before a Magistrate, and proceedings to be taken for punishing such person according to law. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
(3) A woman or girl shall be deemed to be unlawfully detained for immoral purposes if she is so detained for the purpose of being unlawfully and carnally known by any man, whether any particular man or generally, and- (a) either is under the age of fourteen years; or (6) if of or over the age of fourteen years, and under the age of sixteen years, is so detained against her will, or against the will of her father or mother, or of any other person having the lawful care or charge of her; or (c) if of or above the age of sixteen years, is so de- tained against her will. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
(4) Any person authorized by warrant under this section to search for any woman or girl so detained as aforesaid may enter (if need be, by force) any house, building, or other place specified in such warrant, and may remove such woman or girl therefrom: 8 CAP.
116) Criminal Law Amendment LAWS OF ANTIGUA AND BARBUDA Custody of girls under sixteen. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
Provided that every warrant issued under this section shall be addressed to and executed by some officer of the police force, who shall be accompanied by the parent, relative, or guardian, or other person making the information, if such person so desire, unless the Magistrate shall otherwise direct.
10. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
Where, on the trial of any offence under this Act, it is proved to the satisfaction of the Court that the seduc- tion or prostitution of a girl under the age of sixteen has been caused, encouraged, or favoured by her father, mother, guardian, master, or mistress, it shall be in the power of the Court to divest such father, mother, guardian, master, or mistress of all authority over her, and to appoint any person or persons willing to take charge of such girl to be her guardian, until she has attained the age of twenty-one, or any age below this as the Court may direct. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
And the Court shall have the power from time to time to rescind or vary such order by the appointment of any other person or persons as such guardian, or in any other respect.
Saving of liability to other criminal proceedings.
1 .
This Act shall not exempt any person from any proceedings for an offence which is punishable at common law, or under any Act other than this Act, so that the person be not punished twice for the same offence.
Connection by personating husband to be rape.
12. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
Connection by personating husband to be rape.
12.
Whereas doubts have been entertained whether a man who induces a married woman to permit him to have connection with her by personating her husband is or is not guilty of rape, it is hereby enacted and declared that every such offender shall be deemed to be guilty of rape. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573294233.pdf | http://laws.gov.ag/wp-content/uploads/2018/08/cap-116.pdf |
PAHO and partners launch campaign to reduce maternal mortality in Latin America and the Caribbean Every hour, a woman loses her life in the region due to complications in pregnancy, childbirth or postpartum, the vast majority of which are preventable. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573298285.pdf | https://ab.gov.ag/pdf/PAHO_to_reduce_maternal_mortality.pdf |
Washington DC, March 8, 2023 (PAHO/WHO) - The Pan American Health Organization (PAHO) together with other United Nations agencies and partners, today launched a campaign to encourage countries in Latin American and the Caribbean to reduce maternal mortality, which increased by 15% between 2016 and 2020.
Around 8,400 women die each year in the region from complications in pregnancy, childbirth and postpartum. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573298285.pdf | https://ab.gov.ag/pdf/PAHO_to_reduce_maternal_mortality.pdf |
High blood pressure, severe bleeding, and complications from unsafe abortion are the most common causes.
However, nine out of ten of these deaths are preventable through quality care, access to contraception and by reducing inequities in access to care. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573298285.pdf | https://ab.gov.ag/pdf/PAHO_to_reduce_maternal_mortality.pdf |
"Too many women, particularly indigenous, Afro-descendant, migrant, low-income and less educated women, continue to die during pregnancy and childbirth," Dr. Jarbas Barbosa, PAHO Director, said during the launch of the campaign on International Women's Day.
"It is time to urgently invest in maternal health and change this unacceptable reality."
Zero Maternal Deaths. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573298285.pdf | https://ab.gov.ag/pdf/PAHO_to_reduce_maternal_mortality.pdf |
Zero Maternal Deaths.
Prevent the Preventable seeks to accelerate progress towards the regional goal of less than 30 maternal deaths per 100,000 live births outlined in PAHO's Sustainable Health Agenda for the Americas.
Last year, the maternal mortality ratio (i. e., the number of maternal deaths per 100,000 live births) in Latin America and the Caribbean was 68 per 100,000 live births. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573298285.pdf | https://ab.gov.ag/pdf/PAHO_to_reduce_maternal_mortality.pdf |
The COVID-19 pandemic caused a 20-year setback in maternal health in the region, with a 15% increase in maternal mortality between 2016 and 2020, following a 16.4% reduction between 1990 and 2015. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573298285.pdf | https://ab.gov.ag/pdf/PAHO_to_reduce_maternal_mortality.pdf |
"If we want to get back on track with reducing maternal mortality we must address the socioeconomic, gender, ethnicity, education and geographical inequities that lead to the death of so many women," Suzanne Serruya, Director of PAHO's Latin American Center of Perinatology, Women and Reproductive Health (CLAP) said.
"Doing so requires the involvement of all sectors of government and society." | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573298285.pdf | https://ab.gov.ag/pdf/PAHO_to_reduce_maternal_mortality.pdf |
Accessible maternal health services, as well as professionals who are available, trained, equipped and respectful of the rights and particularities of expectant mothers is also key to reducing maternal mortality.
"The reversal in the pace of maternal mortality reduction is a harsh and unfortunate reality in Latin America and the Caribbean," Susana Sottoli, Regional Director for Latin America and the Caribbean of the United Nations Population Fund (UNFPA) said. | Maternal health care and reproductive rights | Abortion | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1694573298285.pdf | https://ab.gov.ag/pdf/PAHO_to_reduce_maternal_mortality.pdf |