Belize Criminal Code Chapter 101 of 2020 - PDF

Criminal Code Chapter 101 of the Law of Belize Revised Edition 2020 PART 3 Sexual Offences  Sexual Offences Section 45A (1) Every person who intentionally touches another person, that touching being sexual in nature, without that person's consent or a reasonable belief that that perso...

Criminal Code Chapter 101 of the Law of Belize Revised Edition 2020 PART 3 Sexual Offences  Sexual Offences Section 45A (1) Every person who intentionally touches another person, that touching being sexual in nature, without that person's consent or a reasonable belief that that person consents, and where the touching involved– (a) that person's vagina, penis, anus, breast or any other part of that person's body; or (b) that person being made to touch the person's vagina, penis, anus or breast or any other part of the person's body, commits an offence and is liable – (i) where that person is sixteen years or over at the time the offence was committed, on summary conviction to a term of imprisonment of five years or on conviction on indictment to a term of imprisonment for ten years; or (ii) where that person was under sixteen years at the time the offence was committed, on summary conviction to a term of imprisonment for a term of seven years or on conviction onindictment to a term of imprisonment for twelve years.  Section 46 Rape Every person who commits rape or marital rape shall on conviction on indictment be imprisoned for a term which shall not be less than eight years but which may extend to imprisonment for life.  Section 71 Marital Rape Defined (1) Rape is the penetration of a person's mouth, vagina or anus, with a penis, without that person's consent. (2) It is hereby declared that if at a trial for rape the jury has to consider whether a man believed that a person was consenting to the penetration by his penis, the presence or absence of reasonable grounds for such a belief is a matter to which the jury is to have regard, in conjunction any other relevant matters, in considering whether he so believed. Section 72 -(1) A male spouse commits marital rape against the female spouse if the first mentioned spouse has sexual intercourse with the other spouse in any of the circumstances specified in subsection (2) of this section– (a) without the consent of the female spouse; and (b) knowing that the female spouse does not consent to sexual intercourse, or recklessly not caring whether the female spouse consents or not. Section 72 Cont. (2) The circumstances referred to in sub-section (1) are as follows– (a) the spouses have separated and thereafter have lived separately and apart within the meaning of the Married Persons (Protection) Act; (b) there is in existence a separation agreement in writing between the spouses; (c) proceedings for the dissolution of the marriage or for a decree of nullity of marriage have been instituted; (d) there has been made or granted against one of the spouses an order or injunction, as the case may be, for non-cohabitation, nonmolestation, ouster from the matrimonial home or the personal protection of the other spouse; (e) one of the spouses has given an undertaking with regard to the matters specified in paragraph (d) of this sub-section; (f) (f) the act of sexual intercourse is preceded or accompanied by or associated with, assault and battery, harm or injury to the female spouse.  Section 72 Cont. (3) In this section, “spouse” means a party to marriage and does not include a party to a ‘common law union’. (4) No prosecution shall be brought for the offence of marital rape except with the consent of the Director of Public Prosecutions.  Section 73 Evidence of Rape Whenever, upon the trial for any crime punishable under this Code, it is necessary to prove carnal knowledge, the carnal knowledge shall be deemed complete upon proof of any or the least degree of penetration only.  Section 46A Spreading of HIV/AIDS -(1) In this Code, “HIV/AIDS” means the Human Immunodeficiency Virus/ Acquired Immune Deficiency Syndrome. (2) Every person who deliberately or recklessly transmits or spreads HIV/AIDS shall– (a) on summary conviction, be liable to imprisonment for a term not exceeding five years; and (b) on conviction on indictment, be liable to imprisonment for a term not exceeding ten years.  Section 47 Unlawful Sexual Intercourse -(1) Every person who, with or without consent, has sexual intercourse with a person who is under the age of fourteen years commits the offence of unlawful sexual intercourse and is liable on conviction on indictment to imprisonment for a term that is not less than twelve years but may extend to imprisonment for life. (2) Every person who has unlawful sexual intercourse with a person who is above the age of fourteen years but under the age of sixteen years, commits an offence and is liable on conviction on indictment to imprisonment for a term that is not less than five years but no more than ten years,  Section 47 Cont. provided that with regard to sub-section (2) – (i) in the case of a person who is charged with a crime under that subsection who is under the age of eighteen years, the presence of reasonable cause to believe that that other person was above the age of sixteen years shall be a valid defence on the first occasion on which such accused person is charged with a crime under that subsection; or (ii) in the case of a person who is charged with a crime under that subsection who is of or above the age of eighteen years, the presence of reasonable cause to believe that the complainant was over the age of sixteen years shall be a mitigating circumstance for the purpose of sentencing on the first occasion on which such accused person is charged with a crime under that subsection, and in any such case the mandatory minimum sentence of five years prescribed above shall not apply.  Section 47 A Rape of a Child Every person who rapes another person and that person is under the age of sixteen years commits an offence and is liable on conviction on indictment to– (a) imprisonment for not less than twelve years, but may extend to life, where that other person was over fourteen but under the age of sixteen years at the time the offence was committed; or (b) imprisonment for not less than fifteen years, but may extend to life, where that other person was under the age of fourteen years at the time the offence was committed.  Section 47 B Assault of a child by penetration. Every person who intentionally penetrates the mouth, vagina or anus of another person who is under the age of sixteen years with a part of his body other than his penis or anything else and that penetration is sexual in nature, commits the offence of assault on that person and is liable on conviction on indictment to imprisonment for not less than twelve years but may extend to imprisonment for life  Section 47C Engaging in sexual activity in the presence of a child -(1) A person who being eighteen years or over engages in an activity that is sexual in nature and for the purpose of obtaining sexual gratification engages in it– (a) with another person in the presence of or in a place from which a person who is under sixteen years can observe; and (b) knowing or believing that he is being observed or intending to be observed by– (i) a person who is under sixteen years and does not reasonably believe that that person is sixteen years or over; or (ii) a person who is under fourteen years, commits an offence and is liable on summary conviction to imprisonment for a term of five years or on conviction on indictment to imprisonment for a term of ten years.  Section 47C Cont. (2) A person who, being eighteen years or over, for the purpose of obtaining sexual gratification, causes– (a) another person to watch a third person engaging in activity that is sexual in nature; or (b) another person to look at an image of any person engaging in an activity that is sexual in nature, where the other person is under sixteen years and he does not reasonably believe that the other person is sixteen years or over or the other person is under fourteen years, commits an offence and is liable on summary conviction to imprisonment for a term of five years or on conviction on indictment to imprisonment for a term of ten years. Section 47 D Sexual offences committed by children. Every person who, being under eighteen years, does anything which would be an offence under section 47C if he were eighteen years of age commits an offence and is liable on summary conviction to imprisonment for a term of two years.  Section 48 Habitual Sexual Offenders If, after the commencement of this Act, a person is found guilty of the offence of rape, or of the offence of carnal knowledge of a female child under the age of fourteen years, or of the said offences combined together, on more than two occasions, he shall, notwithstanding anything contained in this Code or any law to the contrary, be sentenced to a mandatory term of life imprisonment.  Section 62 Incest -(1) Any person who carnally knows another person who is to that person's knowledge, that person's grandchild, child, sibling, niece, nephew or parent, commits an offence and shall on conviction thereof be liable to imprisonment for not less than twelve years but may extend to imprisonment for life. (2) For the purposes of this section, it is immaterial whether the other person consents to the penetration of the mouth, anus or vagina. (3) Where in proceedings for an offence under this section it is proven that the defendant was related to the other person, it is to be taken that the defendant knew or could reasonably have been expected to know that he was related in that way unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that he was. (4) On conviction before any court of any person of an offence under this section against another person, where that other person is under eighteen years of age, the court may divest the offender of all authority over the person, and if the offender is the guardian, remove that offender from the guardianship and appoint any person or persons to be the guardian during that person's minority or any less period. (5) The relation between persons is within this section if it falls within any of the sub- sections (6) and (8) below or where either person is legally adopted within the meaning prescribed by the Families and Children Act.  Section 62 Incest cont. (6) The relation between persons is within this section if either person is the other's parent, stepparent, grandparent, brother, sister, half- brother, half-sister, aunt, uncle or if either person is or was the foster parent of the other. (7) The relation of persons is within this section if a person lives or has lived in the same household, or if the person is or has been regularly involved in caring for, training, supervising or being in sole charge of the other person. (8) For the purpose of this section– “aunt” means the sister or the half- sister of a person's parent and “uncle” has been a corresponding meaning; “foster parent” in relation to a child means that the person is not the biological mother or father of the child but a person who has assumed responsibility of the child by way of a care order under the Families and Children Act; “parent's partner” means another person with whom a person lives with as a family; “step-parent” includes a parents partner; and “step-brother” and “step-sister include the child of a parent's partner. Section 63 Any female of or above the age of sixteen years who with consent permits her grandfather, father, brother or son to have carnal knowledge of her (knowing him to be her grandfather, father, brother or son, as the case may be) shall on conviction thereof be liable to imprisonment for seven years.