Trinidad & Tobago - National Child Protection Legislation

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Trinidad & Tobago

National Child Protection Legislation

National Legislation

• Age of Child: Under 18 years of age

The Children Act (2012)

Art. 3 – Interpretation

“child” means a person under the age of eighteen years.

• Age of Consent: 18 years (for sexual penetration); 16 years (for sexual touching)

The Children Act (2012)

Art. 18 – Sexual penetration of a child

Subject to section 20, a person who sexually penetrates a child commits an offence and

is liable on conviction on indictment, to imprisonment for life.

Art. 19 – Sexual touching of a child

(1) Subject to section 20, where a person touches a child and—

(a) the touching is sexual; and

(b) the child is under sixteen years of age,

the person commits an offence.

• Age of Marriage: 18 years old

The Marriage Act (1923) Chapter 45:01 did not specific a minimum marriage age and

only referred to English common law, but has been since revised in 2017

Miscellaneous Provisions (Marriage) Act of 2017

3. The Marriage Act is amended –

(e) by repealing section 23 and substituting the following section:

23. (1) The age at which a person is capable of contracting a marriage is eighteen

years.

• Age of Criminal Responsibility: 7 years old (boys and girls)

Not defined by legislation; Common law dictates that no child under age seven can be

held criminally liable. https://www.ncjrs.gov/pdffiles1/Digitization/203642NCJRS.pdf

Specific to sexual offenses: 12 years

The Children Act of 2012

Art. 20 – Decriminalizing of sexual activity between children

(1) A person sixteen years of age or over but under twenty-one years of age is not liable

under section 18 if— (a) he is less than three years older than the child against whom

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he is purported to have perpetrated the offence; (b) he is not in a familial relationship

with the child nor in a position of trust in relation to the child; (c) he is not of the

same sex as the child; and (d) the circumstances do not reveal any element of

exploitation, coercion, threat, deception, grooming or manipulation in the

relationship.

(2) A person fourteen years of age or over but under sixteen years of age is not liable

under section 18 or 19 if— (a) he is less than two years older than the child against

whom he is purported to have perpetrated the offence; (b) he is not in a familial

relationship with the child nor in a position of trust in relation to the child; (c) he is

not of the same sex as the child; and (d) the circumstances do not reveal any element

of exploitation, coercion, threat, deception, grooming or manipulation in the

relationship.

(3) A person twelve years of age or over but under fourteen years of age is not liable

under section 18 or 19 if— (a) he is less than two years older than the child against

whom he is purported to have perpetrated the offence; (b) he is not in a familial

relationship with the child nor in a position of trust in relation to the child; (c) he is

not of the same sex as the child; and (d) the circumstances do not reveal any element

of exploitation, coercion, threat, deception, grooming or manipulation in the

relationship.

• Extraterritoriality

Children Act of 2012

Art. 14 – Causing or inciting prostitution

(1) Where a person causes or incites a child to become a prostitute in Trinidad and

Tobago, he commits an offence and is liable–

(a) on summary conviction, to a fine of fifty thousand dollars and to imprisonment

for ten years; or

(b) on conviction on indictment, to imprisonment for twenty-five years.

(2) Where a national of Trinidad and Tobago does an act in a country outside of Trinidad

and Tobago which would, if it had been done in Trinidad and Tobago, constitute an

offence under this section, he is liable to the penalty prescribed under subsection

(1).

Art. 15 – Controlling a child prostitute

(1) Where a person controls any of the activities of a child relating to the prostitution of

the child in Trinidad and Tobago, he commits an offence and is liable–

(a) on summary conviction, to a fine of fifty thousand dollars and to imprisonment

for ten years; or

(b) on conviction on indictment, to imprisonment for twenty-five years.

(2) Where a national of Trinidad and Tobago does an act in a country outside of Trinidad

and Tobago which would, if it had been done in Trinidad and Tobago, constitute an

offence under this section, he is liable to the penalty prescribed under subsection

(1).

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Art. 16 – Arranging or facilitating child prostitution

(1) Where a person arranges or facilitates the prostitution of a child in Trinidad and

Tobago, he commits an offence and is liable–

(a) on summary conviction, to a fine of fifty thousand dollars or to imprisonment for

ten years; or

(b) on conviction on indictment, to imprisonment for twenty-five years.

(2) Where a national of Trinidad and Tobago does an act in a country outside of Trinidad

and Tobago which would, if it had been done in Trinidad and Tobago, constitute an

offence under this section, he is liable to the penalty prescribed under subsection

(1).

Art. 42 – Inciting or facilitating child pornography

(1) A person who intentionally causes, incites, controls, arranges or facilitates a child’s

involvement in pornography in Trinidad and Tobago is liable on conviction on

indictment, to imprisonment for twenty years.

(2) Where a national of Trinidad and Tobago does an act in a country outside of Trinidad

and Tobago which would, if it had been done in Trinidad and Tobago, constitute an

offence under this section, he is liable to the penalty prescribed under subsection

(1).

See also - Extradition (Commonwealth and Foreign Territories) Act

• Dual Criminality

Extradition (Commonwealth and Foreign Territories) Act

Art. 6 – Extraditable Offenses

(1) For the purpose of this Act, an offence in respect of which a person is accused or

has been convicted in a declared Commonwealth territory, or a declared foreign

territory, is an extraditable offence if—

(a) it is an offence against the law of that territory which is punishable under the law

with death or imprisonment for a term of not less than twelve months;

(b) the conduct of the person would constitute an offence against the law of Trinidad

and Tobago if it took place in Trinidad and Tobago, or in the case of an extra-

territorial offence, if it took place in corresponding circumstances outside

Trinidad and Tobago, and would be punishable under the law of Trinidad and

Tobago with death or imprisonment for a term of not less than twelve months;

and

for by a treaty between Trinidad and Tobago and that territory.

• Mandatory reporting requirements

Children Act of 2012

Art. 50 – Court order to require the appearance of parent or guardian

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(1) Where it appears to a Court on complaint on oath of a person described in

subsection (2), that a child has suffered, is suffering, or is likely to suffer such harm

as to cause concern for the welfare of that child, the Court may require a parent,

guardian or person with responsibility for the child to appear before it and shall

notify the Authority immediately.

(2) The Court may require a parent, guardian or person with responsibility for the child

to appear before it under subsection (1) where a complaint on oath is made by –

(a) A public officer experienced or qualified in social work;

(b) A person employed on contract by the Government, experienced or qualified

in social work;

or a constable.

Sexual Offences Act of 2012

Art. 31 – Mandatory reporting of suspected abuse of minors

(1) Any person who –

(a) Is the parent of guardian of a minor;

(a) Has the actual custody, charge or control of a minor;

(b) Has the temporary custody, care, charge, or control of a minor for a special

purpose, as his attendant, employer or teacher, or in any other capacity; or

medical examination in respect of a minor, and who has reasonable grounds for

believing that a sexual offence has been committed in respect of that minor,

under this Act or section 9, 10, 18 or 19 of the Children Act, shall report the

grounds for his belief to a police officer as soon as reasonably practicable.

(2) Any person who without reasonable excuse fails to comply with the requirements of

subsection (1), is guilty of an offence and is liable on summary conviction to a fine

of fifteen thousand dollars or to imprisonment for a term of seven years or to both

such fine and imprisonment.

(3) No report made to a police officer under the provisions of subsection (1) shall, if

such report was made in good faith for the purpose of complying with those

provisions, subject the person who made the report to any action, liability, claim or

demand whatsoever.

In February 2019, the Special Select Committee (SSC) on the Sexual Offences

(Amendment) Bill discussed the requested amendment to broaden mandatory reporting

but it did not make it into the bill.

Children’s Authority Regulations 2015

(part of the Children’s Authority Act)

Art. 2 – Procedures

(1) Any person may, orally, in writing or by electronic or other means, make a report to

the Authority that a child is in need of care and protection.

Julien Neaves, No mandatory reporting, so child abuse continues, NEWSDAY: TRINIDAD AND TOBAGO, Feb. 26, 2019, at

https://newsday.co.tt/2019/02/26/no-mandatory-reporting-so-child-abuse-continues/

(last visited Sep. 23, 2020).

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(2) The Authority shall establish and maintain a record of all the information contained

in a report under subregulation (1).

(3) Where the Authority receives a report under subregulation (1), it shall investigate the

matter to determine whether—

(a) the child is in need of care and protection in accordance with section 22(1A); and

(b) it is in the best interest of the child to intervene.

(4) Where an investigation is conducted under subregulation (3), the Authority may

assess the child in accordance with the Act.

(5) Where the Authority is of the view that a child is in need of care and protection and

that its intervention is necessary in the best interests of the child, it shall, where

appropriate, receive the child into its care.

(6) Where, upon an investigation, the Authority forms the view that the child is not to

be received into its care, the Authority may—

(a) refer the child to an external agency;

(b) apply to the Court for any appropriate order under the Act; or

• Statute of Limitations

Criminal Procedure Code

Art. 5.2 – Starting a prosecution in the Summary Court (Complaint/Information)

(1) Where an offence can be tried only in the Summary Court, then unless any other

written law otherwise provides –

(a) A complaint must lay or prefer an information before the Court officer or

present it to the court; or

(b) A complainant must file a complaint or information in the Court office,

not more than 6 months after the offence alleged.

(2) Where an offence can be tried in the High Court then –

(a) A complaint must lay or prefer an information before the Court office or

present it to the Court; or

(b) A complainant must file a complaint within any time limit that applies to that

offence.

• Obligations of Educational Institutions

Education Act

(2) Without prejudice to the generality of subregulation (1), a teacher who—

(a) is absent from office or official duties without leave or valid excuse, or is

habitually irregular in the time of arrival or departure from the place of

employment;

(b) wilfully disobeys or disregards any lawful order made or given by any person

having authority to make or give such order;

(d) is inefficient or incompetent through causes which are within his control;

(e) commits any immoral, obscene or disorderly conduct in office;

(f) performs the required duties in a negligent manner;

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(g) exercises authority unreasonably, or abuses that authority in the course of

performing required duties;

(h) uses, without the authority of the Principal or in his absence the Vice-Principal,

any property or facilities provided for the purposes of the Service, for a purpose

not connected with his official duties;

(i) has a criminal charge proved against him; or

(j) participates in the meetings of any political organisation while on duty or while

on official business,

commits an act of misconduct.

• Prohibition to hold certain positions

No information found.

• Employment Law

No relevant information found.

• Criminal Law - Defamation

Libel and Defamation Act 2014

Art. 8 – False, Defamatory, Libel

If any person maliciously publishes any defamatory libel, knowing the same to be false,

he is liable on conviction to imprisonment for two years and to pay such fine as the Court

directs.

• Private Fostering

No information found.

Sexual Offenses Against Children

Children Act of 2012

Art. 13 – Paying for sexual services of a child

(1) Where a person procures for himself or any other person the sexual services of a child and

he makes or promises payment for those services to the child or a third person, or knows

that another person has made or promised such payment, he commits an offences and is

liable –

(a) On summary conviction, to a fine of fifty thousand dollars and to imprisonment for

ten years; or

(b) On conviction on indictment, to imprisonment for twenty-five years.

(2) In this section, “payment” includes the discharge of an obligation to pay for the provisions

of goods or services.

(3) Notwithstanding subsection (1), where a person commits an offence under this section

against a child and sexual penetration is involved, he is liable on conviction on indictment

to imprisonment for life.

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Art. 18 – Sexual penetration of a child

Subject to section 20, a person who sexually penetrates a child commits an offence and is liable

on conviction on indictment, to imprisonment for life.

Art. 19 – Sexual touching of a child

(1) Subject to section 20, where a person touches a child and –

(a) The touching is sexual; and

(b) The child is under sixteen years of age, the person commits an offense.

(2) A person who commits an offence under subsection (1) is liable –

(a) On summary conviction, to a fine of fifty thousand dollars and to imprisonment for

ten years; or

(b) On conviction on indictment, to imprisonment for twenty years

(3) Where a person commits an offence under subsection (1), and the touching involves the

placing of any body part or of an object onto the penis or bodily orifice of a child, that

person is liable on conviction on indictment to imprisonment for life.

Art. 25 – Meeting a child following sexual grooming

(1) Where a person has on at least two earlier occasions, met or communicated with a child in

Trinidad and Tobago, or elsewhere, by any means, including the internet, for the purpose

of sexual grooming, and he meets, attempts to meet or travels for by the purpose of meeting

the child in Trinidad and Tobago or elsewhere with the intention of doing anything to or in

respect of the child, during or after the meeting, which if done in Trinidad and Tobago would

constitute the commission of an offence under Part V and this Part, the person commits an

offence.

(2) A person who commits an offence under subsection (1) is liable –

(a) On summary conviction, to a fine of fifty thousand dollars and to imprisonment for

ten years; or

(b) On conviction on indictment, to a fine of one hundred thousand dollars and to

imprisonment for twenty years.

(3) For the purposes of this section, “sexual grooming” means gaining the trust of a child, for

the purpose of sexual activity with the child.

Art. 29 – Abuse of positions of trust and familial relationships

Where a person commits an offence under this Part at the time when that person is either –

(a) In a position of trust in relation to the child and knows or could reasonably be

expected to know of the circumstances by virtue of which he is in a position of trust

in relation to the child; or

(b) In a familial relationship with the child and knows or could reasonably be expected

to know that this relation to the child is of the description falling within section 32,

that person is liable –

(i) On summary conviction, to a fine of fifty thousand dollars and to

imprisonment for fifteen years; or

(ii) On conviction on indictment, to imprisonment for twenty-five years; or

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(d) Where the offence involves penetration, on conviction on indictment, to

imprisonment for life.

Art. 30 – Persons in position of trust

For the purposes of this Part a person is in a position of trust in relation to a child if he –

(a) Is eighteen years of age and over and looks after a child who is placed in an

institution by virtue of a Court order or under any written law and the child is so

placed in that institution;

(b) Looks after a child who is resident in a Community Residence or is at an Assessment

and Support Centre or a Reception Centre or a Reception Centre maintained by the

Authority of is cared for in a Nursery, or Foster Home under the Children’s

Community Residences, Foster Care, and Nurseries Act;

purpose is to provide services to children;

(d) Looks after a child who is receiving an education at an educational institution but the

person is not receiving education at that institution;

(e) Is appointed to be the guardian of a child;

(f) Is a person who has contact with a child, by any means, in the exercise of the

functions of the Authority;

(g) Is a person who is to report to the Court or the Authority under this Act, the Family

Proceedings Act, the Children’s Authority Act or any other written law on matters

relating to the welfare of the child, and has contact with the child by any means;

(h) Is a personal adviser appointed for the child under any written law;

(i) Is a constable, medical practitioner, nurse, social workers, teacher, scout master,

troop leader, clergyman, spiritual leader, driver, sports coach or trainer or other

person in authority in whose care the child is placed;

(j) Is a person who is eighteen years and over who has control over or directs a child in

respect of any work done by the child;

(k) Is appointed to be the guardian ad litem of the child;

(l) Has care of control of a child while that child is in a place of safety;

(m) Looks after a child on an individual basis –

(i) Where the child is subject to a Foster Care Order, Care Order, Child

Assessment Order, Fit Person Order or any other order of the Court which

deals with the supervision of the child or supervision of the education of the

child; and

(ii) In the exercise of the functions conferred by virtue of the order of an

authorized person or the authority designated by order;

(n) Looks after the child on an individual basis in pursuance of the requirements

imposed on the child by or under any written law on his release from placement for

a criminal offence, or is subject to requirements imposed by a Court order made in

criminal proceedings; or

(o) Is such other persons as the Minister, after consultation with the Attorney General,

may by Order prescribe.

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Art. 40 – Child pornography

(1) Subject to subsection (5), a person who knowingly –

(a) Makes or permits to be made any child pornography or copy thereof;

(b) Publishes, distributes, transmits or shows any child pornography;

conveying that the advertiser distributes or shows any child pornography;

(d) Obtains access, through information and communication technologies, to child

pornography;

(e) Has in his possession or control any child pornography; or

(f) Purchases exchanges or otherwise receives any child pornography, commits an

offence and is liable on conviction on indictment, to a fine of thirty thousand dollars

and to imprisonment for ten years.

(2) For the purposes of subsection (1), a person knowingly distributes child pornography, if he

knowingly–

(a) Offers; or

(b) Transmits by means including post, courier, electronic means or facsimile, child

pornography to another person.

Art. 41 – Exposing a child to pornography

A person who intentionally exposes a child or causes a child to be exposed to pornography

commits an offence and is liable on summary conviction to a fine of five thousand dollars and

to imprisonment for nine months or upon conviction on indictment, to a fine of thirty thousand

dollars and to imprisonment for five years.

Art. 41 – Inciting or facilitating child pornography

A person who intentionally causes, incites, controls, arrange, or facilitates a child’s involvement

in pornography in Trinidad and Tobago is liable on conviction on indictment, to imprisonment

for twenty years.

Sexual Offences Act of 2012

Art. 9 - incest

1. A person commits the offences of incest, who 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. A person who commits the offence of incest is liable on conviction to imprisonment for life.

3. A person is not guilty of an offence under this section if that person committed the offence

under restraint, duress, or fear.

4. In this section, any expression important a relationship between two persons shall be taken

to apply not withstanding that the relationship is not traced through lawful wedlock, and

“brother” includes half-brother and “sister” includes half-sister.

Sexual Offences (Amendment) Act, 2019

Art. 45 – Application of Part IV (National Sex Offender Register).

This Part applies to a sex offender who—

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(a) is a citizen of Trinidad and Tobago or a resident and who was convicted of a registrable

offence by a court within or outside Trinidad and Tobago on or after 25th September, 2000

and who—

(i) completed his sentence before the commencement of this Part; or

(ii) has not completed his sentence before the commencement of this Part; or

(b) is a citizen of Trinidad and Tobago or a resident and who is convicted of a registrable

offence by a court outside Trinidad and Tobago on or after the commencement of this Part;

and

commencement of this Part.

Art. 47 – Establishment of National Sex Offender Register

(1) There shall be a Register to be known as “the National Sex Offender Register”.

(2) The Register shall, in relation to each registered sex offender, contain the information listed

in Schedule 3 and pursuant to section 54.

(3) Subject to section 49(4)(c), the Register shall not be accessible to the public.

(4) The information contained in the register referred to in section 34C(2) of the former Part III

of this Act shall form part of the Register but such information shall not be accessible to the

public.

(5) The Commissioner of Police shall have control and custody of the Register and shall be

responsible for—

(a) maintaining the Register;

(b) ensuring that information is entered into the Register in accordance with this Act and

any other written law; and

(6) The Commissioner of Police shall make reasonable security arrangements to protect the

information contained in the Register against unauthorised access, collection, misuse,

alteration, disclosure or disposal.

Art. 48 – Public access to information on registered sex offender

(1) The Commissioner of Police shall establish a website designated for the publication of the

information referred to in subsection (2)(a) in relation to a registered sex offender referred

to in subsection (3).

(2) The website referred to in subsection (1) shall—

(a) contain the following information in relation to a registered sex offender:

(i) name, former names and aliases;

(ii) date of birth;

(iii) photograph;

(iv) main address or secondary address; and

(v) convictions of registrable offences committed by the registered sex offender,

including the date of each conviction; and

(b) have a notice displayed in a conspicuous place warning of prosecution for the intentional

and unlawful reproduction, sharing or use of information contained in the website.

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(3) Where the Court determines that the information referred to in subsection 2(a) on the sex

offender shall be published on the website in accordance with section 49(4)(c), the Registrar

shall forward the name of the sex offender to the Commissioner of Police who shall publish

the information.

(4) Any person who intentionally and without lawful excuse or justification reproduces, shares

or uses any information contained on the website referred to in subsection (1) commits an

offence and is liable on summary conviction to a fine of twenty-five thousand dollars and to

imprisonment for three years.

(5) Information in relation to a sex offender referred to in section 45(a)(i) shall not be published

on the website referred to in subsection (1).

Art. 49 – Court to order sex offender to comply with Part IV

(1) Where a person is convicted of a registrable offence, on or after the commencement of this

Part, the Court—

(a) shall order that the person report to a police station at the time that he is required to

report in accordance with section 54(1), for the purposes of registering as a registered

sex offender, where the person is convicted of an offence under—

(i) section 4, 4A, 9 or 12 of the Act; and

(ii) section 18 of the Children Act; or

(b) may order that the person report to a police station at the time that he is required to

report in accordance with section 54(1), for Court to order sex offender to comply with

Part IV the purposes of registering as a registered sex offender, where the person is

convicted of any registrable offence other than an offence referred to in paragraph (a),

and to comply with the provisions of this Part.

(2) The Court, before making a determination under subsection (1), shall request a mental

assessment report from a psychiatrist.

(3) The Court, in making a determination under subsection (1), shall take into account—

(a) the findings of the mental assessment report referred to in subsection (2);

(b) the nature and gravity of the offence;

during his reporting period;

(d) the risk of reoffending;

(e) the risk of harm to the victim or any other person;

(f) whether the victim was a child or a person with a mental disorder;

(g) whether the sex offender was in a position of care, authority or supervision of the victim;

and

(h) any other compelling reasons in the circumstances of the case.

(4) Where a Court makes an order under subsection (1) requiring a person to register as a

registered sex offender, the Court shall state—

(a) the duration of the reporting period;

(b) the frequency of the reporting; and

referred to in section 48.

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(5) The Court may order that the sex offender serve a reporting period less than that specified

in Schedule 5.

(6) Where a person referred to in subsection (1) is convicted of a registrable offence and the

Court makes an order under subsection (1), the Registrar shall serve a copy of the order on

the Commissioner of Police.

Schedule 1 – Registrable Offences

These include:

• rape, grievous sexual assault, incest, indecent assault, procuration, aiding in

prostitution,

• a series of offences in the Trafficking in Persons Act, and

• a list of sexual offences in the Children Act including

The Trafficking in Persons Act of 2011

Art. 18 – Trafficking in children

(1) A person who –

(a) Recruits, transports, transfers, harbours, receives a child into or within Trinidad and

Tobago;

(b) Harbours a child in Trinidad or Tobago; or

jurisdiction, for the purpose of exploitation, commits the offence of trafficking in

children and is liable on conviction on indictment to a fine of not less than one million

dollars and imprisonment for not less than twenty years.

(2) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose

of exploitation is sufficient to establish the offence of trafficking in children.

Art. 19 – Indicting, organizing or direction another person to traffick in children

A person who, for the purposes of exploitation, incites, organizes or directs another person to

–

(a) Recruit, transport, transfer, harbor or receive a child into or within Trinidad and

Tobago; or

(b) Recruit, transport or transfer a child from Trinidad and Tobago to another jurisdiction,

commits the offence of trafficking in children and is liable on conviction of indictment, to a

fine of not less than one million dollars and imprisonment of not less than twenty years.

Related Legislation

• Female Genital Mutilation (FGM)/ Female Genital Circumcision

Children Act of 2012

Part IV – Office of Female Genital Mutilation

Art. 9 – Offence of female genital mutilation

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(1) Subject to subsection (2), a person who excises, infibulates or otherwise mutilates

the whole or any part of the labia majora or labia minora or clitoris of a child commits

and offence and is liable–

(a) On summary conviction, to a fine of fifty thousand dollars and to imprisonment

for ten years; or

(b) On conviction on indictment, to imprisonment for twenty years.

(2) A person shall not be liable under subsection (1) if –

(a) The performance of a surgical operation on a child is necessary for her physical

or mental health and the operation is performed by a medical practitioner; or

(b) The surgical operation is performed on a child who is at any stage of labour, or

who has just given birth, for purposes connected with the labour of birth, and

the operation is performed by a medical practitioner or a person undergoing a

course of training with a view to becoming such a practitioner.

(3) For the purposes of determining whether an operation is necessary for the mental

health of a child, it is immaterial whether she or any other person believes that the

operation is required as a matter of custom or ritual.

Art. 10 – Offence of aiding and abetting, counseling or procuring a girl to engage in female

genital mutilation

A person who aids, abets, counsels or procures a girl to excise, infibulate or otherwise

mutilate the whole or any part of her labia majora, labia minora or clitoris is liable on

conviction on indictment to imprisonment for fifteen years.

• Child/Early/Forced Marriage

The Marriage Act (1923) Chapter 45:01 did not specific a minimum marriage age and

only referred to English common law, but has been since revised in 2017

Miscellaneous Provisions (Marriage) Act of 2017

3. The Marriage Act is amended –

(e) by repealing section 23 and substituting the following section:

23. (1) The age at which a person is capable of contracting a marriage is eighteen

years.

Children Act of 2012

Sect. 26 - Marriage Exception with regards to section 18, 19, 24

(1) Subject to subsection (2), conduct by a person in relation to a child which would

otherwise constitute an offence against a child under section 18, 19 or 24, is not an

offence if, at the time of the conduct–

(a) the person and the child were lawfully married; or No. 12 Children 2012 141

Marriage exception with respect to section 18, 19 or 24 Meeting a child following

sexual grooming

(b) the person believed on reasonable grounds that he was lawfully married to the

child.

(2) Subsection (1) does not apply in the case of sexual penetration per anum by a male

person with a female person.

International Centre for Missing & Exploited Children

August 2021

ICMEC Education Portal

*The information contained herein should not be construed as offering legal advice or guidance.

Sect. 27 – Marriage Exception with regards to section 23

Conduct by a person in relation to a child which would otherwise constitute an offence

against a child under section 23 is not an offence if there are only two persons involved

and they are or believed on reasonable grounds that they were lawfully married to each

other.

Sect. 28 – Proceedings with respect to marriage exceptions

(1) In proceedings for an offence referred to in sections 26 and 27, it is for the defendant

to prove that he and the child were lawfully married.

Sect. 29 – Abuse of positions of trust and familial relationships

(1) Where a person commits an offence under this Part at the time when that person is

either–

(a) in a position of trust in relation to the child and knows or could reasonably be

expected to know of the circumstances by virtue of which he is in a position of

trust in relation to the child; or

(b) in a familial relationship with the child and knows or could reasonably be

expected to know that his relation to the child is of the description falling within

section 32, that person is liable–

(i) on summary conviction, to a fine of fifty thousand dollars and to imprisonment

for fifteen years; or

(ii) on conviction on indictment, to imprisonment for twenty-five years; or

(d) where the offence involves penetration, on conviction on indictment, to

imprisonment for life

Useful Resources

o Educators Guide to New Child Protection Legislation

o Breaking the Silence: A Multi-Sectoral Approach to Preventing and Addressing Child

Sexual Abuse in Trinidad and Tobago