Bahamas -- Age of Consent
[Cool Teen Sites]
Source: http://www.actwin.com/eatonohio/gay/world.htm
BAHAMAS LAWS: 1. Has no sodomy laws for sex in private, the age of sexual consent is 18 for homosexuals and 16 for heterosexuals. There is a law against sex in public, punishable with up to 20 years in prison. Another source says Sections 390 and 530 Penal Code criminalize homosexual acts between men, with a penalty of up to 10 years' imprisonment. Section 529 criminalizes homosexual contacts between women, with a penalty of up to 2 years' imprisonment, and that the laws are still enforced to a certain degree. 2. Allows homosexuals in its military.
Source: http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/
Bahamas Nassau
I. Ages for legal purposes
Section 2 of the " Sexual Offences and Domestic Violence Act 1991 "
" (...) ‘adult’ means a person eighteen (18) years of age or more ;
‘minor’ means a person under eighteen (18) years of age (...) "
Age of simple majority
The legal age of majority (civil legal age) is eighteen (18) years.
Age of consent for sexual activity
The legal age for consenting to a sexual activity is sixteen (16) years.
Age of consent for marriage
The legal age for consenting to marriage is eighteen (18) years.
II. Rape
‘Definition of rape’, Section 3 of the " Sexual Offences and Domestic
Violence Act 1991 "
" Rape is the act of any person not under fourteen (14) years of age having sexual
intercourse with another person who is not his spouse -
a) without the consent of that other person ;
b) with consent which has been extorted by threats or fear of bodily harm ;
c) with consent obtained by personating the spouse of that other person ; or
d) with consent obtained by false and fraudulent representations as to the nature
and quality of the act. "
‘Rape’, Section 6 of the " Sexual Offences and Domestic Violence Act 1991
"
" (1) Any person who commits rape is guilty of an offence and liable to imprisonment
for life,
subject to, on a first conviction for the offence, a minimum term of imprisonment of seven
years
and, in the case of a second or subsequent conviction for the offence, a minimum term of
imprisonment of fourteen years unless the court having regard to the exceptional
mitigating
circumstances of the case sees fit to impose a lesser term of imprisonment than the
minimum term.
(2) Any person who attempts to commit rape, or assault any person with intent to commit
rape, is
guilty of an offence and liable to imprisonment for fourteen years, subject to, in the
case of a
second or subsequent conviction for the offence being a conviction on information, a
minimum
term of imprisonment of eight years unless the court having regard to the exceptional
mitigating
circumstances of the case sees fit to impose a lesser term of imprisonment than the
minimum term. "
III. Other forms of child sex abuse
‘Definition of sexual intercourse’, Section 4 of the " Sexual Offences and
Domestic Violence Act 1991 "
" (...) ‘sexual intercourse’ includes-
a) sexual connection occasioned by any degree of penetration of the vagina of any person
or anus of any person, or by the stimulation of the vulva of any person, by or with-
i) any part of the body of another person, or
ii) any object used by another person,
-except where the penetration, or stimulation is carried out for proper medical purposes ;
and
b) sexual connection occasioned by the introduction of any part of the penis of any person
into the mouth of another person ;
and any reference in this Act to the act of having sexual intercourse includes a reference
to any stage or continuation of that act."
‘Definition of abduction’, Section 5 of the " Sexual Offences and Domestic
Violence Act 1991 "
" (1) A person is guilty of abduction of another person who, with intent to deprive
any person
entitled to the custody or control of that other person, of such custody or control, or
with intent to
cause that other person to be married to, or to co-habit or have sexual intercourse with,
any person -
a) unlawfully takes that other person from the lawful custody, care or charge of any
person ; or
b) detains that other person from returning to the lawful custody, care or charge of any
person.
(2) The custody, control, care or charge of a person by a parent, guardian or other person
shall be held to continue, notwithstanding that the first-mentioned person is absent from
the actual custody, control, care or charge of the parent, guardian or other person if the
absence is for a special purpose only, and is not intended by the parent, guardian or
other person to exclude or determine such custody, control, care or charge for the time
being ; but a person is not guilty of
abduction by taking or detaining a person unless he knew or had grounds for believing,
that the person so taken or detained was in the custody, control, care or charge of some
other person. "
‘Sexual intercourse with a person under fourteen (14) years’, Section 10 of the
" Sexual Offences and Domestic
Violence Act 1991 "
" (1) Any person who has unlawful sexual intercourse with any person under fourteen
(14) years
of age, whether with or without the consent of the person with whom he had unlawful sexual
intercourse, is guilty of an offence and liable to imprisonment for life subject to, on a
first
conviction for the offence, a minimum term of imprisonment of seven years and, in the case
of a
second or subsequent conviction for the offence, a minimum term of imprisonment of
fourteen years
unless the court having regard to the exceptional mitigating circumstances of the case
sees fit to
impose a lesser term of imprisonment than the minimum term.
(2) Any person who attempts to have unlawful sexual intercourse with any person under
fourteen
(14) years of age, whether with or without the consent of the person with whom he
attempted to
have unlawful sexual intercourse, is guilty of an offence and liable to imprisonment for
fourteen
years subject to, in the case of a second or subsequent conviction for the offence, a
minimum term
of imprisonment of eight years, unless the court having regard to the exceptional
mitigating
circumstances of the case sees fit to impose a lesser term of imprisonment than the
minimum term. "
‘Sexual intercourse with a person between fourteen (14) and sixteen (16) years’,
Section 11 of the " Sexual
Offences and Domestic Violence Act 1991 "
" (1) Any person who has unlawful sexual intercourse with any person being of or
above fourteen
(14) years of age and under sixteen (16) years of age, whether with or without the consent
of the
person with whom he attempted to have unlawful sexual intercourse, is guilty of an offence
and
liable to imprisonment for life subject to, on a first conviction for the offence, a
minimum term of
imprisonment of seven years and, in the case of a second or subsequent conviction for the
offence
a minimum term of imprisonment of fourteen years.
(2) Any person who attempts to have unlawful sexual intercourse with any person being of
or
above fourteen (14) years of age and under sixteen (16) years of age, whether with or
without the
consent of the person with whom he attempted to have unlawful sexual intercourse, is
guilty of an
offence and liable to imprisonment for fourteen years subject to, in the case of a second
or
subsequent conviction for the offence, a minimum term of imprisonment of eight years.
(3) It shall be a sufficient defence to any charge under this section if it is made to
appear to the
court or jury before whom the charge shall be brought that the person so charged, being a
person
not over the age of eighteen (18) years and not previously convicted of the same offence,
had
reasonable cause to believe that the person with whom he had sexual intercourse was of or
above
sixteen (16) years of age.
(4)-(5) (...) "
‘Incest’, Section 13 of the " Sexual Offences and Domestic Violence Act
1991 "
" (1) Any person who, knowing that another person is by blood relationship his or her
parent,
child brother, sister, grand parent, grandchild, uncle, niece, aunt or nephew, as the case
may be,
has unlawful sexual intercourse with that other person, whether with or without the
consent of
that other person, is guilty of the offence of incest and liable to imprisonment-
a) if he is an adult who commits the offence with a minor, for life subject to, on a
first conviction for the offence, a minimum term of imprisonment of seven years and,
in the case of a second or subsequent conviction for the offence, a minimum term of
imprisonment of fourteen years ;
b) if he is an adult who commits the offence with another adult, for a term of ten
years ; and
c) if he is a minor who commits the offence with another minor, for a term of two
years.
(2) Any person 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,
attempts to have unlawful sexual intercourse with that other person,, whether with or
without the
consent of that other person, is guilty of an offence and liable to imprisonment-
a) if he is an adult who commits the offence with a minor, for fourteen years subject
to, in the case of a second or subsequent conviction for the offence, a minimum term
of imprisonment of eight years unless the court having regard to the exceptional
mitigating circumstances of the case sees fit to impose a lesser term of imprisonment
than the minimum term ;
b) if he is an adult who commits the offence with another adult, for a term of four years
; and
c) if he is a minor who commits the offence with another minor, for a term of six months.
(3) Notwithstanding the commission by any person of an act which amounts to an offence
under subsection (1) or (2), that person is not guilty of the offence if-
a) he committed the act under restraint, duress or fear ;
b) he did not consent to the commission of the act ; or
c) at the time of the commission of the act, he was the spouse of the person with whom the
act was committed.
(4) In this section, any expression importing a relationship between two persons shall be
taken to apply notwithstanding that the relationship is not traced through lawful wedlock
; and " brother " includes " half-brother " and " sister "
includes " half-sister. " "
‘Sexual intercourse with a dependant’, Section 14 of the " Sexual Offences
and Domestic Violence Act 1991 "
" (1) Any adult who has unlawful sexual intercourse with a dependant child of the
adult, whether
with or without the consent of the child, is guilty of an offence and liable to
imprisonment for life
subject to, on a first conviction for the offence, a minimum term of imprisonment of seven
years and,
in the case of a second or subsequent conviction for the offence, a minimum term of
imprisonment
of fourteen years, unless the court having regard to the exceptional mitigating
circumstances of the
case sees fit to impose a lesser term of imprisonment than the minimum term prescribed
hereunder.
(2) Any adult who attempts to have unlawful sexual intercourse with a dependant child of
the
adult, whether with or without the consent of the child, is guilty of an offence and
liable to
imprisonment for fourteen years subject to, in the case of a second or subsequent
conviction for
the offence, a minimum term of imprisonment of eight years.
(3) In this section, " dependant child of the adult " means a minor who is not
related by blood to the adult but-
a) is the adopted child, step-child, foster child or ward of the adult ;
b) has been treated by the adult as a child of the family of the adult ;
c) is being maintained, either wholly or partly, by the adult ;
d) is in the actual custody, charge or control of the adult ; or
e) in relation to whom the adult holds a position of trust. "
‘Unnatural Crime’, Section 16 of the " Sexual Offences and Domestic
Violence Act 1991 "
" (1) Any person who commits an act of unnatural connection with any animal is guilty
of a sexual offence and liable to imprisonment for twenty years : and an offence under
this subsection is complete upon penetration.
(2) Any adult male who-
a) has sexual intercourse with another male who is a minor ; or
b) has sexual intercourse, in a public place, with another male,
-whether with or without the consent of that other male, is guilty of a sexual offence and
liable to imprisonment for twenty years.
(3) Any female adult who-
a) has sexual intercourse with another female who is a minor ; or
b) has sexual intercourse, in a public place, with another female,
-whether with or without the consent of that other female, is guilty of a sexual offence
and liable
to imprisonment for twenty years.
(4) Notwithstanding the commission by any person of an act which amounts to an offence
under
this section, that person is not guilty of the offence if he committed the act under
restraint, duress
or fear. "
‘Indecent assault’, Section 17 of the " Sexual Offences and Domestic
Violence Act 1991 "
" (1) Any person who-
a) indecently assaults any other person ;
b) does anything to any other person with the consent of that other person which,
but for such consent, would be an indecent assault, such consent being obtained by
false and fraudulent representation as to the nature and quality of the act,
-is guilty of an offence and liable to imprisonment for eight years.
(2) It is no defence to a charge of an indecent assault committed on a person under
fourteen (14)
years of age, to prove that that person consented to the act of indecency. "
‘Unlawful detention with intent to have sexual intercourse’, Section 21 of the
" Sexual Offences and Domestic
Violence Act 1991 "
" (1) Any person who detains any other person against his will-
a) in or upon premises with intent that that other person may co-habit or have
unlawful sexual intercourse with another person, whether any particular person or
generally ; or
b) in a brothel,
-is guilty of an offence and liable to imprisonment for two years.
(2) Where any person is in or upon premises for the purpose of co-habiting or having any
unlawful sexual intercourse, or is in any brothel, another person shall be deemed to
detain him in
or upon the premises or in the brothel, if with intent to compel or induce him to remain
therein
that other person withholds from him any wearing apparel or other property belonging to
him, or,
where wearing apparel has been lent or otherwise supplied to him or by the direction of
that
other person, that other person threatens him with legal proceedings if he takes away with
him
the wearing apparel so lent or supplied.
(3) No legal proceedings whether civil or criminal shall be taken against a person who was
in or
upon any premises or brothel as mentioned in subsection (2) for taking away or being found
in
possession of any such wearing apparel as was necessary to enable him to leave the
premises or
brothel. "
‘Abduction of an unmarried person under sixteen (16)’, Section 22 of the "
Sexual Offences and Domestic
Violence Act 1991 "
" Any person who is guilty of an abduction of any unmarried person under sixteen (16)
years of
age is guilty of an offence and liable to imprisonment for two years. "
‘Abduction of an unmarried person between sixteen (16) and eighteen (18)’,
Section 23 of the " Sexual Offences
and Domestic Violence Act 1991 "
" Any person who is guilty of an abduction of any unmarried person being of or above
sixteen
(16) years of age and under eighteen (18) years of age is guilty of an offence and liable
to
imprisonment for two years ;
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 that the person so charged had reasonable cause to believe
that such
unmarried person was of or above eighteen (18) years of age. "
‘Special provisions as to abduction’, Section 25 of the " Sexual Offences
and Domestic Violence Act 1991 "
" For the purposes of the sections of this Part relating to abduction -
a) it is not necessary that the taking or detaining should be without the consent of
the person taken or detained, and it suffices if the person is persuaded, aided or
encouraged to depart or not to return ;
b) it is not necessary that there should be an intent permanently to deprive any
person of the custody or control of the person taken or detained ;
c) a taking or detention is unlawful unless some person entitled to give consent to
the taking or detention of the person taken or detained, for the purposes for which
he is taken or detained, gives consent to the taking or detention for those
purposes ;
d) a person having the temporary custody, care or charge of another person for a
special purpose, as his attendant, employer or schoolmaster or in any other
capacity, can be guilty of abduction of that person by acts which he is not
authorised to do for such special purpose, and he cannot give consent to any act
by another person which would be inconsistent with such special purpose ; and
e) notwithstanding the application of the general provisions of Book I of the Penal
Code with respect to mistake of law, a person is not guilty of abduction of another
person by anything which he does in the belief that he is entitled by law as a
parent or guardian, or by virtue of any other legal right, to take or detain the other
person for the purposes for which he takes or detains him ; but this rule shall not
be construed to exempt a person from liability to punishment on the plea that he
did not know or believe or had not the means of knowing, that the other person
was under sixteen (16) or eighteen (18) years of age, as the case may be, not to
exempt a person from liability to punishment for abduction if he took or detained
the other person for any immoral purpose. "
IV. Child prostitution
‘Procuration’, Section 7 of the " Sexual Offences and Domestic Violence Act
1991 "
" Any person who -
a) procures or attempts to procure any person under eighteen (18) years of age to have
unlawful sexual intercourse, either in or outside The Bahamas, with any other person ;
b) procures or attempts to procure any person to become, either in or outside The Bahamas,
a common prostitute ;
c) procures or attempts to procure any person to leave The Bahamas with intent that he may
become an inmate of or frequent a brothel elsewhere ;
d) procures or attempts to procure any person to leave his usual place of abode in The
Bahamas with intent that he may, for the purposes of prostitution, become an inmate of or
frequent a brothel either in or outside The Bahamas ;
e) by threats or intimidation, procures or attempts to procure any person to have unlawful
sexual intercourse either in or outside The Bahamas ;
f) by false pretences or false representations, procures any person to have any unlawful
sexual intercourse either in or outside The Bahamas ; or
g) applies, administers or causes to be taken by any person any drug, matter or thing wiht
intent to stupefy or overpower, so as thereby to enable any other person to have sexual
intercourse with such first-mentioned person,
is guilty of an offence and liable to imprisonment for eight years. "
‘Prostitution and disclosure of AIDS’, Section 8 of the " Sexual Offences
and Domestic Violence Act 1991 "
" (1) Any person who-
a) knowingly lives wholly or in part on the earnings of prostitution ; or
b) in any public place persistently solicits or importunes for immoral purposes,
-is guilty of an offence and liable to imprisonment for five years.
(2) Any person who knows that he is infected with a virus causing, or known to cause,
acquired
immune deficiency syndrome (commonly known as " AIDS ") and who has sexual
intercourse with
any other person, with the consent of that other person but without disclosing the fact of
the
infection to that other person, is guilty of an offence and liable to be detained for a
term of five
years is such place and under such conditions as may be specified by the court before
which he is
convicted ; and, while so detained, he shall be deemed to be in legal custody.
(3) It shall be a sufficient defence to any charge under subsection (2), if it is made to
appear to the
court before which the charge shall be brought that the person with whom the person so
charged
had sexual intercourse knew, or had reasonable cause to believe, before sexual connection
was
occasioned, that the person so charged was so infected. "
V. Child pornography
All Pornography is prohibited in the Bahamas. The offence of Pornography
is defined in the penal code of the
Bahamas as " obscene publication ", in section 510, title XXXI and punished by
two years of prison .
Subject: Bahamian Laws on Gays Update
Date: Sat, 14 Aug 1999 17:17:16 -0700 (PDT)
From: Ricken - Hope TEA GLBT Group hopetea@yahoo.com
I read your listing with much interest - however, your information on the
Bahamas is not correct.
Homosexuality is not illegal in the Bahamas. Only gay sex acts in public are deemed an
offense punishable by up to twenty years in prison.
The age of consent for heterosexuals is 16 and 18 for gays and lesbians.
Your can check out the following links for confirmation.
Hope TEA - Bahamas GLBT Support Group
http://members.xoom.com/Hope_Tea/HopeTea/page4.html
Prime Minister's Speech on Gay Travel
http://www.interknowledge.com/bahamas/positionstatement.htm
East Garden Profile on Homosexuality in the Bahamas
http://www.geocities.com/WestHollywood/2144/l-bahamas.html
Thank-you
Hope TEA
Web Creator
Statement by Rt. Hon. Hubert A. Ingraham Prime Minister Sunday 8
March, 1998
Whether a private sexual act between consenting adults is homosexual or heterosexual is
not my business, and I do not think it is your business either. We cannot, and ought not
try, to dictate or to
legislate morality. In any event, all past efforts to do so have always failed miserably.
A good example is the success of the laws against adultery. Certainly, adultery is a far
greater threat to a Bahamian family life today than is homosexuality. Could we build a
jail large enough to house all Bahamian adulterers? Could we exclude all other adulterers
from tourists welcomed in The Bahamas. Should we exclude them?
The Government of The Bahamas does not promote or encourage homosexual lifestyles but
neither does it condemn or exclude persons who reveal themselves to be homosexual. We
believe that the
focused attention of some segments of the Christian community on serious social ills which
continue to confront our Bahamas such as incest, impregnation of teenage girls by grown,
married men, and the abandonment of children by wayward fathers and negligent mothers are
far more worthy causes for concern than the sexual orientation of adult tourists who may
visit an uninhabited cay for 24 hours or less.