Antigua and Barbuda Parliament approves tougher sexual offences legislation

Parliament has approved amendments to Antigua and Barbuda’s sexual offences legislation, including a provision making sexual intercourse with a person under 16 an offence punishable by up to life imprisonment.

Attorney General and Minister of Legal Affairs Sir Steadroy Benjamin, who piloted the legislation, said the amendments are intended to strengthen protections for children and impose tougher penalties on offenders.

Benjamin said the changes were necessary amid concerns about sexual abuse involving children and what he described as inadequate sentences in some cases.

“Sexual offences and the abuse being taken of our young people, young girls in particular, in Antigua and Barbuda, and the kind of sentences which are passed in this grave matter,” Benjamin said.

He said the government has a responsibility to send a strong message to people convicted of sexual offences and outlined provisions that would make information about certain offenders available to communities after they have served their sentences.

“Any sexual predator who has been convicted of a sexual offence, serve a sentence, and intends to go back into a community to live, that everyone in that community ought to know that Joe Bloggs is coming back to Otters, to Grace Farm, or to Barbuda,” Benjamin said.

“Look out for your children. Watch them carefully,” he added.

Under the amended legislation, a person who has sexual intercourse with a minor under 16 would be guilty of an offence regardless of whether the minor consented or whether the accused believed the minor was 16 or older.

“Where a person has sexual intercourse with a minor who’s under the age of 16 years, he or she shall be guilty of an offence whether or not the minor consented to having sexual intercourse or whether or not, at the time of having sexual intercourse, he or she believed the minor to be 16 years of age or more,” Benjamin said.

The legislation provides that a person convicted of the offence “is liable on conviction to imprisonment for life.”

Benjamin said the provision recognises that a child’s appearance should not be used as a basis for determining their age.

“These days young girls and young boys mature very quickly and you see some girls on the street sometimes you think that they’re big women but they’re little children still,” he said.

Opposition Leader Jamale Pringle supported the legislation but sought clarification on a provision concerning sexual intercourse with minor employees.

“While I support the bill, Mr. Speaker, I think I need more clarity on section 8 of the bill, amendment of section 10, sexual intercourse with minor employees,” Pringle said.

He questioned the use of the term “minor employees,” noting that the legal working age is 16 and saying lawmakers should consider raising it to 18.

The amendments were subsequently passed by the House of Representatives.

Minister urges public to report suspected abuse

Social and Urban Transformation Minister Rawdon Turner separately warned that Antigua and Barbuda is failing its children and urged members of the public to believe children and report suspected abuse.

Turner said that since assuming responsibility for social services, he has been exposed to reports of physical and sexual abuse involving children. He said some cases reported to the Family and Social Services Division have been deeply traumatic for social workers and the division’s director.

“Somewhere along the line, the village decided that it was time to sexually assault and violate our children. I don’t say those words lightly,” Turner said.

He cited cases involving people convicted of sexually abusing children as young as 3 and 5 who received sentences ranging from three to five years.

“Something is wrong with the administration of justice,” Turner said, while noting that similar cases have been reported elsewhere in the Caribbean.

Turner, who said he is the father of a 5-year-old, urged parents, teachers and other adults to speak up when they suspect abuse.

“You have to start believing the children…you could have protected that child. You could have protected their innocence,” he said.

He also encouraged parents and teachers to begin age-appropriate conversations with children about their bodies and personal safety.

Children, he said, should understand “what is a good touch, what is a bad touch, and not be afraid to speak up.”