UPR Sexual Rights Database

National Report:
Para 36) Sections 146-148 of the Criminal Code of Saint Vincent and the Grenadines criminalises the act of buggery as follows:
Section 146 states that Any person who:
(a) Commit buggery with any other person;
(b) Commits buggery with an animal; or
(c) Permits any person to commit buggery with him or her, is guilty of an offence and liable to imprisonment for ten years.

Section 147. Assault with intent to commit buggery.
Any person who commits an assault with intent to commit buggery, is guilty of an offence and liable to imprisonment for seven years.

Section 148. Indecent practices between persons of the same sex.
Any person who, whether in public or private, commits any act of gross indecency with another person of the same sex, or procures or attempts to procure another person of the same sex to commit an act of gross indecency with him or her, is guilty of an offence and liable to imprisonment for five years.

Stakeholder Summary:
Para 2) The Saint Vincent Planned Parenthood Association (SVPPA) noted that, while Saint Vincent and the Grenadines had ratified a significant number of human rights treaties, it had not ratified the OP-CRC-IC.

National Report:
Para 7) The following human rights-related legislative enactments were made during the period under review: (a) Domestic Violence Act (2015) was passed with all-embracing provisions including recognising women being abused in informal “common-law relationships” and providing another avenue for victims of domestic violence to seek redress.
Para 8) Saint Vincent and the Grenadines is currently undergoing a review of its: (a) Sexual offences laws; …
Para 9) A consultant is working with GoSVG officials and has submitted a report and proposed draft of the revised employment laws. These will be submitted to the Attorney General’s Chambers for review. An Employment Relations (Prevention of Sexual Harassment) Bill has also been drafted. Para 10) A review of the Sexual Offenses laws within the criminal code and family laws is being carried out with assistance from international agencies and organisations. The Marriage Act will be reviewed along with others. The sexual offences review proposes to update the law regarding sexual offenses and definitions of rape.
Para 16) Notwithstanding, multiple action plans grounded in human rights were developed over the period under review, which includes the: (a) National Action Plan against Gender-Based Violence with technical support from UNWOMEN (2014-2016);
Para 43) Saint Vincent and the Grenadines’ Domestic Violence Act was passed in 2015. The core agencies guided by this legislation in guaranteeing citizen security and gender equality are the RSVGPF, the Family Court, and the Gender Affairs Division (GAD).
Para 44) This legislation is not only limited to spousal abuse within the home, but a complainant can be any child or adult. It is also extended to include stalking, intimidation and threats; and provides punishment for child abuse that is defined within the Child Care and Adoption Act of 2011. It identifies any act of child abuse as a criminal act and a recognized form of domestic violence.
Para 45) The MONM has been collaborating with the Attorney General’s Chambers since 2019 towards reforming the sexual offenses legislation in Saint Vincent and the Grenadines, with technical support from international agencies and governments. To date, a comprehensive review of all the sexual offenses provisions has been conducted and the findings and recommendations were presented to stakeholders in December 2019. This report included findings and recommendations for reform to reflect good international practices, and which meet human rights standards on issues of rape and sexual assault, sexual offenses relating to people with disabilities, and age of consent laws.
Para 46) The Ministries of National Mobilisation and Health and Wellness have sought technical guidance from PAHO towards the development of Health Standard Operating Procedures to strengthen the response for victims of gender-based violence.
Para 47) Since 2015, the GAD developed a Victims Support Programme as a means to providing psychosocial, socio-economic, and empowerment services to victims of domestic violence. The GAD also provides social protection cash transfers to victims and survivors to aid in the effective reintegration with families and in communities. This support service complimented the Crisis Centre, which was established in 2007 by the Government of St. Vincent and the Grenadines to provide security and empowerment of victims of spousal and related acts of violence and misconduct against women and children. Its purpose is to provide emergency and short-term care to victims of domestic violence for up to ninety (90) days.
Para 48) The GoSVG in 2020, expressed interest in the establishment of Saint Vincent and the Grenadines Support and Referral Centre (VINCYSARC). This facility shall utilize the ‘onestep center’ model for attending to survivors of violence. It is envisioned that once established, the VINCYSARC shall seek to optimize a multi-sectoral approach and ensure consistency in the delivery of care and guiding principles in all service delivery efforts, and when responding to child abuse and gender-based violence. This coordinated and collaborative approach delivers survivor services that link sectoral responses within standalone programmes where healthcare, psychosocial counselling, law enforcement, and protection would be available in one location.
Para 49) During the period 2015 and 2020, 985 cases of domestic violence were reported to the RSVGPF, whereby physical violence was the most prevalent type of abuse that accounted for over 90% of the reported cases.
Para 50) To remove barriers to women’s access to justice, the GAD with effect from 2017, facilitated annual capacity-building workshops for service providers and social workers, counselors, and civil society organisations. The awareness-raising campaign is galvanized during the 16 Days of Activism against Gender-Based Violence, which is commemorated during the period November 25 – December 10 annually.
Para 51) The GAD implements an ongoing Anti-Violence Campaign in communities and educational institutions since 2015 and has reached over thirty (30) communities, which were selected based on the prevalence of domestic violence, as recorded by the police. The campaign is implemented by way of community surveys which measure the attitudes and social and cultural norms towards domestic violence. This is then followed by public consultation on topical issues relating to domestic violence for example the mechanism and legislation used for crime and violence and also incorporating the roles and responsibilities of the Family Court.
Para 52) Due to the COVID-19 pandemic and its adverse effects on the country, in 2020, the campaign took a national focus, widening the scope of awareness by utilising online surveys, mass media campaigns, and community consultations in collaboration with key stakeholders such as the RSVGPF, Family Court, Attorney General’s Chambers and Marion House. These initiatives were complemented by establishing a toll-free Crisis Hotline for the reporting of incidents of gender-based violence.
Para 106) The GoSVG has provided resources for the implementation of the National Action Plan on Gender-Based Violence which was established in 2014 to address gender-based violence and its debilitating effects on women, children, and other vulnerable groups to achieve gender justice.
Para 107) The Domestic Violence Act of 2015 is currently the guiding legislation for domestic violence. Existing laws protect women against acts of sexual and physical violence and other forms of abuse. The Government has collaborated with the international organizations and agencies to draft the Sexual Offences Bill.
Para 109) Emphasis is placed on training key stakeholders responsible for the protection of women and girls during the Sixteen Days of Activism. Components of the training integrate the legal framework at all levels to ensure that the proper service referral system is being utilised and the acceptable protocols are executed.
110) The Domestic Violence Act of 2015 is a piece of family legislation that is recognized within the Criminal Code, the breaches of which are punishable by imprisonment. It provides added protection through an Interim Protection Order, which is valid for twenty-eight (28) days, and a Permanent Protection Order to further protect the survivor once the investigations during the Interim Protection Order period, validate the need for permanency of protection against the respondent. On average, the family court issued 197 protection orders yearly between 2017–2020.
Para 111) Under Section 7 of the Domestic Violence Act of 2015 subsection (a-i), the law details how the courts may prohibit the respondents through the protection order.
Para 112) In addition, the Court may direct the respondent to: (a) Pay emergency or interim monetary payments to the applicant for spousal and/or child maintenance; (b) Immediately vacate the shared household for a specified period of time; (c) Make or continue to make payments in respect of rent or mortgage for the shared household; and (d) Receive professional counseling or therapy.
Para 113) The National Action Plan to end Gender-Based Violence is implemented through the establishment of a Gender Equality Commission (GEC) in 2017, which is a multi-sectoral composition that functions as gender focal points to implement the activities and promote gender mainstreaming towards gender equality within their respective agencies. This commission is chaired by the MONM, and co-chaired by Saint Vincent and the Grenadines Human Rights Association. The GAD is the Secretariat of the GEC, and membership comprises of stakeholders from government and civil society entities.
Para 114) The priorities of the GEC are: • Dissemination and implementation of the CEDAW; • Implementation of the Sustainable Development Goals, in particular, Goal 5: to promote further gender equality and empowerment of women and girls; • To oversee the implementation of legislation and national policies with respect to gender equality; • To consider relevant changes in legislation and national policy developments accordingly; • Quota system for greater political participation for women; • To monitor the rates of Gender-Based Violence nationally and provide technical assistance on how to prevent and reduce this gender inequality; and • To guarantee the social, political, and economic advancement of women in all sectors.
Para 115) Awareness-raising campaigns are undertaken to eliminate gender-oriented prejudices including Gender-Based Violence in society. Public awareness-raising campaigns towards Violence Against Women are continuous. However, it is galvanised during the commemoration of the 16 days of activism against gender-based violence that commences on November 25 - International Day for the Elimination of Violence Against Women, and concludes on December 10 - International Human Rights Day. During this period, various media programmes and public service announcements are undertaken to sensitize the general public on the issue of Violence Against Women. In addition, training programmes are conducted with key stakeholders, especially the police on areas of: • Family legislation (Domestic Violence Act/Child Care and Adoption Act); • Duties of Police Officers and mandatory reporters; • The laws of evidence; • Support services to victims and perpetrators of violence; • Application and enforcement of protection orders; • Gender diversity and inclusion; and • The psychology of victims of violence.
Para 116) A Gender-Based Referral Pathway was developed in 2020 with technical assistance from the United Nations Population Fund (UNFPA). This document provides guidance that links survivors of gender-based violence to support and competent service providers in Saint Vincent and the Grenadines. In addition, a Domestic Violence Response Protocol was drafted to ensure a coordinated response mechanism to reports of gender-based violence.
Para 117) As a means of providing security to and empowerment of victims of spousal abuse related to acts of violence and misconduct against women and children, the operationalisation of safe houses across the country was enacted. The coordination of service response is a multi-sectoral approach that can be accessed through the use of the referral pathway.
Para 118) The Gender Affairs Division continues to provide safe spaces and support services for victims of gender-based violence, and plans are in place to rehabilitate and upgrade the Crisis Centre into a One-Stop Support and Referral Centre to provide support services for victims of Gender-Based Violence in Saint Vincent and the Grenadines.
Para 119) The Sexual Offences Unit was established in 2018 to investigate incidents of a sexual nature, including those characterized as Sexual Offences, Domestic Violence and Gender Based Violence, using officers with the necessary training to deal with such cases.
Para 120) Officers of the Unit also conduct training with various stakeholders to build their competence as well as ensure that a victim-centered approach is used by all first contact of sexual offenses. Unit officers received their specialized training by Saint Vincent and the Grenadines’ Regional and International partners.

UN Compilation:
Para 56) The HR Committee was concerned about reports of the high prevalence of domestic violence, sexual violence and abuse. It was also concerned about the narrow definitions of rape and incest, the absence of statutory prohibitions of marital rape and sexual harassment, and the lack of a comprehensive definition of gender-based violence in the Criminal Code. The United Nations subregional team expressed similar concerns and noted that, according to a joint United Nations and World Bank report, Saint Vincent and the Grenadines had the third-highest reported rape rate in the world.
Para 57) While noting the existence of a Domestic Violence Act, the United Nations subregional team stated that the Act reportedly placed a financial burden on victims and did not specify the role of the Crisis Centre, which was intended to be a shelter for battered women.

Stakeholder Summary:
Para 8) SVPPA stated that, in Saint Vincent and the Grenadines, women continued to face various forms of discrimination, including gender-based violence, sexual harassment in the workplace and daily life, employment discrimination, income inequality, and lack of representation in decision-making positions in both public and private sectors.
Para 18) SVPPA reported that teenage pregnancy had raised some concerns, but that there had been a slight decrease in teenage births. However, it stressed that concerns remained due to reports of sexual abuse or statutory rape being the cause of many of these births.
Para 20) SVPPA noted that intimate partner violence, sexual violence and child sexual abuse remained some of the most prevalent forms of gender-based violence in the country. It acknowledged the adoption of the 2015 Domestic Violence Act, which introduced a comprehensive definition of domestic violence and made reporting of domestic violence obligatory, but noted that the Act had been not amended despite the criticism on the financial burden it placed on victims and on the undefined role of the crisis centre. It also noted that domestic violence was not recognized as a criminal offence under the Domestic Violence Act.
Para 21) SVPPA noted that there were two Family Courts responsible for enforcing the protection outlined in the Domestic Violence Act, but stressed that Saint Vincent and the Grenadines still needed to establish an entity for the analysis of data on gender-based violence collected by the Family Courts and the Police Force. It also noted that, despite the establishment of a Sexual Offences Unit within the Criminal Investigation Department, there was mistrust in reporting incidents of gender-based violence and sexual abuse to police officers and many of such cases were not effectively reported.

National Report:
Para 36) Sections 146-148 of the Criminal Code of Saint Vincent and the Grenadines criminalises the act of buggery as follows:
Section 146 states that Any person who:
(a) Commit buggery with any other person;
(b) Commits buggery with an animal; or
(c) Permits any person to commit buggery with him or her, is guilty of an offence and liable to imprisonment for ten years.

Section 147. Assault with intent to commit buggery.
Any person who commits an assault with intent to commit buggery, is guilty of an offence and liable to imprisonment for seven years.

Section 148. Indecent practices between persons of the same sex.
Any person who, whether in public or private, commits any act of gross indecency with another person of the same sex, or procures or attempts to procure another person of the same sex to commit an act of gross indecency with him or her, is guilty of an offence and liable to imprisonment for five years.