Rape and Domestic Violence: The rape of women is illegal and carries a penalty of 15 years’ to life imprisonment. The legal definition of rape is forced penile penetration of the vagina, so the law only considers rape of women. There are legal imbalances in the application of the law that led to unequal protection of citizens.
Married women do not have the same rights and protection as single women. The law criminalizes spousal rape only when one of the following criteria has been met: the act occurs after legal separation or court proceedings to dissolve the marriage; the husband is under a court order not to molest or cohabit with his wife; or the husband knows he suffers from a sexually transmitted disease. Legally, marriage implies sexual consent between husband and wife at all times.
Additionally, because the legal qualification for rape is forced penile penetration of the vagina, a criminal who commits sexual assault through anal penetration can be punished by a maximum of 10 years in prison. This distinction created wide discrepancies between cases that had the same element of sexual assault at their core.
According to estimates from the Ministry of National Security’s Research Evaluation Unit, there were 442 rape cases in 2017, which corresponded to approximately a 16 percent reduction from the previous year. Advocacy groups, however, contended that rape was significantly underreported because victims had little faith in the judicial system and were unwilling to endure lengthy criminal proceedings.
Some cases occurred in gated, all-inclusive resorts on the northern coast. In each case reports noted a lack of action by the JCF, and no one was charged. Observers suspected that not all cases were reported, since foreign tourists could not stay in the country long enough to contend with a lengthy legal process.
The government operated a Victim Support Unit (VSU) to provide direct support, crisis intervention, legal advocacy, and technical services. The VSU managed 13 independent parish offices throughout the island, each with its own hotline and staff of trained providers. Furthermore, the VSU coordinated with a network of NGOs with capabilities such as counseling resiliency training, and shelters. The Child Protection and Family Services Agency provided similar services for children. Shelter facilities for women and children were insufficient and less available outside the capital area. Police officers and first responders had limited training to understand which services were available.
Sexual Harassment: No legislation addresses sexual harassment and no legal remedy exists for victims.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: Although the law provides for the same legal status and rights for women as for men, including equal pay for equal work, women suffered from discrimination in the workplace and often earned less than men. Domestic workers were particularly vulnerable to workplace discrimination and sexual harassment.