Police: Sex with underage person not ‘legally’ rape

Police: Sex with underage person not ‘legally’ rape

Saint Lucia Police have been explaining why under the criminal code, a person who has sexual intercourse with someone who is underage will not be charged for rape.

Acting Corporal at the Prosecution Unit, Anne Joseph, has said that while in the United States there is an offence of statutory rape, the situation is different in Saint Lucia.

Joseph observed that a person under the age of sixteen cannot give consent to any sexual act.

She noted that for that reason, consent cannot be withdrawn.

“Rape deals with not giving consent or withdrawing consent and the person persists and commits the sexual assault,” Joseph told the MBC Television programme – Police Insight on Monday night.

The police officer observed that as a result, the charge of rape is not instituted because an underage person cannot consent to sex.

“It begs the question if you cannot give consent how can you possibly say at a certain point that you did not give consent or  you withdrew consent?” She told her audience.

Joseph disclosed that rape speaks to sexual intercourse with an individual without that person’s consent, according to Section 123 of the Criminal Code.

Sections 126 and 127 of the code speak to sex with a minor or a young person – a minor being a child below the age of twelve and a young person being between the ages of twelve and sixteen, it was explained.

It was revealed that data from the Northern division indicate that in 2013 there were fifty such reports of sexual intercourse with a minor and sexual intercourse with a young person.

There were seventy-one reports in 2014, fifty eight in 2015 and for this year so far, forty-two reports.

There are two Vulnerable Persons Units – one in the North and the other in the South, which spearhead investigations into the reports.

Acting Corporal Joseph noted that according to Section 119 of the  Criminal Code, an individual in a position of trust or authority becomes aware of a case of suspected physical or sexual abuse of a child and fails to report it either to the police or to the Division of Human Services can be held criminally liable.

The Criminal Code defines a person of trust as including a  parent, a guardian, a teacher, a medical practitioner, a social worker, drivers of school buses or anyone having charge of a young person.

 

 

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30 Comments

  1. Anonymous
    November 9, 2016 at 1:30 pm Reply

    Wow is this for real. So what they are saying that it is okay for adults men to have sex with under age children. So what they are telling the pedophile that it is legal to have sex with kids and u won’t be punished.

    1. Ben
      November 9, 2016 at 2:18 pm Reply

      Are you illiterate?….read the article again and again and then read it again.

  2. shenay nay
    November 9, 2016 at 2:09 pm Reply

    no dumb dumb… means they cannot be charged for rape.. but can be charged for sex with a minor/ unlawful canal knowledge…

  3. Anonymous
    November 9, 2016 at 2:12 pm Reply

    WHICH man don’t like a younger female to that of an older woman!

    1. Anonymous
      November 9, 2016 at 2:38 pm Reply

      Please leave your name and location so i know where not to have my children

      1. Anonymous
        November 10, 2016 at 12:15 am Reply

        Lmaoo

  4. Anonymous
    November 9, 2016 at 2:13 pm Reply

    The way dem girls looking now a days. You really cannot blame fellas!

    1. Anonymous
      November 9, 2016 at 2:36 pm Reply

      Said the pedophile

    2. Anonymous
      November 9, 2016 at 6:18 pm Reply

      Really !!!!KMT stupid comment

    3. Anonymous
      November 10, 2016 at 12:43 am Reply

      you are so sick! YOU CAN BLAME THEM!

    4. Eliza
      November 10, 2016 at 6:57 am Reply

      So we should blame the victim? A grown man IS capable of making an informed decision, so if he decides to sexually assault someone, whatever his/ her age, he is guilty of a crime. You are either a child or you have serious psychological issues which you should really deal with!

    5. dave
      November 11, 2016 at 6:18 pm Reply

      Sick puppy!

  5. Ben
    November 9, 2016 at 2:30 pm Reply

    It does not constitute the offence of “rape” it is the offence of “sex with a minor”or carnal knowledge as it is commonly known.The writer and corporal Joseph should have emphasised and made it abundantly clear that the perverts and sickos are being charged with the offence of “sex with a minor” but not “rape” when they interfere with a child under 16.Because of this lack of emphasis some morons are thinking it’s ok to have sex with kids.

  6. Looking on
    November 9, 2016 at 2:57 pm Reply

    The corporal may well be right about how this is interpreted in our laws, but I still find that explanation to be back asswards.

    The way I see it, if persons below a certain age cannot legally consent to sex, then any sex with such a person should be deemed to be without consent and therefore rape. I believe this is the idea behind the “statutory rape” laws in places that have them.

    Anyway, the important point to remember here is that sex with an underage person is illegal and should land the perpetrators in jail.

    1. Anonymous
      November 10, 2016 at 5:07 am Reply

      right you are. and furthermore if they cant give consent, or withdraw it, it means it is by default, that there isnt consent. so the state should hold consent for that individual until 16. now sex without consent, is rape. and a 116 yr old cannot give the consent. so its unconsented sex = rape. but the code just doesnt call it rape but calls it something else. but the same anyway. once they are being punished

    2. Eliza
      November 10, 2016 at 6:52 am Reply

      Indeed. If consent cannot be given, then there is no consent – therefore it is rape.

  7. Trump
    November 9, 2016 at 3:12 pm Reply

    Help me understand this. A minor can not give consent. Does that mean he or she is unable to say “yes let’s have sex”?… Ok
    Rape, and I quote,”deals with not giving consent or withdrawing consent and the person persists and commits the sexual assault,”… Right? How then is having Sexual relations with a minor who is unable to say” yes, sleep with me” not rape? Rape you said is sex in the absence of consent.

    1. Serious
      November 10, 2016 at 7:55 pm Reply

      It means EVEN if the child or minor says yes the person is still liable for prosecution and WILL be charged for the offence because the minor is not of age to be able to give consent.

  8. Anonymous
    November 9, 2016 at 3:44 pm Reply

    Trump I agree with that statement because I was thinkingthe same thing,this is absurd

  9. Anonymous
    November 9, 2016 at 5:48 pm Reply

    Very obsurd. Lord have mercy.

  10. Alexandra
    November 9, 2016 at 6:14 pm Reply

    Alexandra – it is very clear to me that there needs to be clarification around what constitutes sexual intercouse and what is rape, there is absolutely no way anyone can deem that because a minor is unable to give consent then it becomes sexual intercouse.
    I am amaze that Corporal Joseph did not go on to explore the notion around whether a minor is not able to understand or withdraw consent then what affect will this have on the arrest and prosecution rate for perpetrators. Food for thought, I think maybe St Lucia need to address the issues around how some of the aspects of the criminal code is not a tool that safeguards children/young people.

  11. Anonymous
    November 10, 2016 at 6:01 am Reply

    People take time to understand what you read. It’s not called rape but it’s still a criminal offense and it’s still illegal. Smh. The police is not responsible for making laws but enforcing them. Some of you parents take money from those pedophiles and matters are thrown out of court. Sometimes the perpetrators are your’ll men and you hide it or pretend that it didn’t happen. Choops

  12. Queen
    November 10, 2016 at 6:04 am Reply

    It is f… rape….when *sex with a minor hits on the doorstep of the corporal and other law enforcers* I hope the name does not change….let one of these criminals touch my child, I will * defend* my child then use my interpretation to defend myself…..I am so angry at the treatment of these sensitive and hurtful events.

    1. Anonymous
      November 10, 2016 at 5:15 pm Reply

      I sgree but Take your time queen and listen. In essence the law is saying that, by virtue of the age of a minor, they just cannot consent. Not because a minor agrees to sex by saying yes, legally its a NO. The confusion is, why dont they just call it RAPE and settle.
      Besides, it carries the same penalty as RAPE in the case of an adult. The law just dealt with it separately because of the issue of insbility of a minor to act on their own, generally decision wise. Hope that helps
      I hope I did a better job than the writer of the article and to cool your emotion

  13. Commentary on “Police: Sex with underage person not ‘legally’ rape” – Jayde's Law
    November 10, 2016 at 7:35 pm Reply

    […] had a read of an article which carried the title “Police: Sex with underage person not ‘legally’ rape.” […]

  14. Anonymous
    November 13, 2016 at 6:12 am Reply

    Rape is the unlawful carnal knowledge of a woman by force or fraud against her will. If she is not a willing participant to the act and force or fraud is used against her surely it is rape. There must be penetration if penetration is not achieve then its a case of sexual assault. A woman sixteen years and above can consent to having sexual relations with whomever she pleases if she withdraws her consent at any point during the act and is forced to continue then it is rape.

  15. Anonymous
    November 13, 2016 at 6:59 am Reply

    Our constitution makes provision for any saint Lucian to become prime minister of this country why is it that lawyers feel that they are better qualified to be prime minister. Most countries where lawyers are in charged are going through economic crises. In the case of Saint Lucia it has been proved that large amount of money was squandered in projects that provided no benefit for the people. Nepotism and jobs for the boys were the in thing to the detriment of the masses. Merciless taxes on the poor with impunity and using so called superior education to bamboozled the population. Now the businessmen have taken over the reigns of power and we are confident to see improvements in the lives of our poor people as every effort will be made to improve our lives. Every thing previously done by politicians can be undone in the interest of the people.

  16. 666
    November 13, 2016 at 1:52 pm Reply

    It’s a crime to have a sex with someone under the age of 16…plain and simple, there is no grey area. So to everyone out there, it is a CRIME.

  17. Anonymous
    November 15, 2016 at 12:07 pm Reply

    I think this writer wrote this piece trying to get a sensational reaction. It is therefore my opinion that the misleading headline and content are intended!……how terrile. Why would u want to write a story which gives the impression that sexual acts against minors go unpunished???

    If the child can not give concent then that means that any sexual act which takes place was so done in the absence of concent ie= rape……y don’t we call it rape and done?

    1. MB5
      November 21, 2016 at 12:09 pm Reply

      I agree with that sentiment completely! Dangerous to let that idea get out there and dangerous to do it the interest of an attention-grabbing headline. I might have been able to forgive the headline if there were a line or two making it clear that it IS STILL A PUNISHABLE CRIME!

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