Women
Rape and Domestic Violence: The law criminalizes rape, which is punishable by 14 years’ to life imprisonment. The law criminalizes spousal rape only when a couple is divorced, separated, or there is a protection order from the Family Court. The penalty for a husband or wife who commits the offense of rape upon the other is imprisonment for 14 years. Police and courts enforced laws to protect women against rape, but many victims were reluctant to report cases or press charges due to fear of stigma, retribution, or further violence. In addition, “roungement”–the practice of parents accepting monetary compensation to settle rape and sexual assault cases out of court–was commonly practiced. High unemployment rates among female heads of households are an incentivizing factor to accept a payout in these cases. Roungement is prohibited by law, but it was rarely prosecuted.
Sexual assault remained a problem, but often charges did not proceed due to the reluctance of victims to testify or participate in a trial. The government held a National Dialogue on Violence Against Women and Children, which included a four-part televised series to spread awareness about preventing rape, legal response to rape, and services and resources for victim assistance. The dialogue also identified gaps and produced recommendations to improve the government’s ability to investigate and prosecute rape.
Domestic violence was also a significant problem. While police were willing to arrest offenders, the government prosecuted crimes of violence against women only when the victim pressed charges. Often victims were reluctant to press charges due to their financial dependence on the abuser. Shelters, a hotline, police training, and a national protocol were all used to deal with the problem, but the lack of financial security for the victim was one of the key impediments. The maximum amount of child support that the court can award a woman is $250 XCD ($93) per month per child. Police also faced resource challenges such as a lack of transportation, which can prevent them from responding to a call in a timely manner. The Saint Lucia Crisis Center, a nongovernmental organization (NGO) receiving government assistance, maintained a facility for battered women and their children and a hotline for support. The only residential facility for victims of domestic abuse, the Women’s Support Center, also received government funding. The Women’s Support Center employed a full-time counselor who also counseled nonresident victims through the Department of Gender Relations.
The Ministry of Education, Innovation, Gender Relations, and Sustainable Development assisted victims. Authorities referred most of the cases to a counselor, and the police facilitated the issuance of court protection orders in some cases. The Department of Gender Relations ran a number of gender-based violence prevention programs in the schools and community-based groups.
The Family Court hears cases of domestic violence and crimes against women and children. The court can issue a protection order prohibiting an abuser from entering or remaining in the residence of a specified person. The court remands perpetrators to a batterers’ intervention program for rehabilitation. The court employed full-time social workers to assist victims of domestic violence.
Occupation and tenancy orders provide certain residential rights to victims of domestic violence, including required rental payments by the respondent and protective orders.
The police had two vulnerable persons units to handle cases involving violence against women and children. These units worked closely with the Family Court and the Education, Innovation, Gender Relations and Sustainable Development Ministry’s Department of Gender Relations and Department of Human Services and Family Affairs.
The Department of Gender Relations ran the Women’s Support Center, which provided shelter, counseling, residential services, a 24-hour hotline, and assistance in finding employment. Various NGOs, such as the Saint Lucia Crisis Center and the National Organization of Women, also provided counseling, referral, education, and empowerment services. The crisis center assisted in cases of physical violence, incest, nonpayment of child support, alcohol and drug abuse, homelessness, custody, and visitation rights.
Sexual Harassment: The criminal code prohibits sexual harassment, but it remained a problem, as government enforcement was not an effective deterrent. The Department of Gender Relations continued an awareness program that provided training opportunities in workplaces and assisted establishments in creating policies and procedures on how to handle sexual harassment. As a result most cases of sexual harassment were handled in the workplace rather than prosecuted under the labor code.
Reproductive Rights: The government recognized the basic right of couples and individuals to decide freely the number, spacing, and timing of their children; manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, and violence.
Discrimination: The law provides for the same legal status and rights for women as for men. The law requires equal pay for equal work. Women were underrepresented in the labor force, had higher levels of unemployment than men, and sometimes received lower pay, or faced additional informal hurdles gaining access to credit. Women’s affairs come under the jurisdiction of the Department of Gender Relations, whose parent ministry is responsible for protecting women’s rights in domestic violence cases and preventing discrimination against women, including ensuring equal treatment in employment.
Children
Birth Registration: Children receive citizenship by birth to a parent with citizenship. Women can equally pass on their citizenship to their children, but the foreign husband of a Saint Lucian woman does not automatically receive Saint Lucian citizenship, unlike the foreign wife of a Saint Lucian man. Authorities provided birth certificates to parents without undue administrative delay.
Child Abuse: Child abuse remained a problem. The Department of Human Services and Family Affairs handled cases of sexual abuse, physical abuse, abandonment, and psychological abuse. Although the government condemned the practice, parents of sexually abused children sometimes declined to press sexual assault charges against the abuser in exchange for financial contributions toward the welfare of the victims. Nonetheless, courts heard some child sexual abuse cases and convicted and sentenced offenders.
The human services division provided services to victims of child abuse, including a home for severely abused and neglected children, counseling, facilitating medical intervention, finding foster care, providing family support services, and supporting the child while working with the police and attending court. The division involved itself also with public outreach in schools, church organizations, and community groups.
The Saint Lucia Crisis Center operated a hotline for families suffering from different forms of abuse. The government pays families for foster care, but the number of available foster families was insufficient.
The Catholic Church operated the Holy Family Home for abused and abandoned children, with space for up to 20 children referred to the center by police or social workers.
Early and Forced Marriage: The legal minimum age for marriage is 18 years for men and women, but 16 with parental consent.
Sexual Exploitation of Children: Laws on sexual offenses cover rape, unlawful sexual connection, and unlawful sexual intercourse with children under 16. The age of consent is 16 years, but a consent defense can be cited if the victim is between 12 and 16. No defense of consent is allowed when the child is under age 12. The Counter-Trafficking Act prohibits forced labor or sex trafficking of children under age 18. There were limited indications that unorganized commercial sexual exploitation of children occurred. No separate law defines or specifically prohibits child pornography.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.
Anti-Semitism
There was no organized Jewish community, and there were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The law does not prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, air travel and other transportation, access to health care, the judicial system, or the provision of other state services. Government regulations require disabled access to all public buildings, but only a few government buildings had access ramps. The health ministry operated a community-based rehabilitation program in residents’ homes. Physically and visually impaired children were mainstreamed into the wider student population. Separate schools were also available for persons with mental disabilities and for children with hearing or visual disabilities. Children with disabilities faced barriers in education, and there were few opportunities for such persons when they became adults. While there were no official reports of discrimination, employers generally did not make accommodations for workers with disabilities. Persons with disabilities have the right to vote and selected polling stations are accessible for mobility-impaired voters, but many polling stations were inaccessible.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
Consensual same-sex sexual activity is illegal under indecency statutes, and some same-sex sexual activity between men is also illegal under anal intercourse laws. Indecency statutes carry a maximum penalty of five years’ imprisonment, and anal intercourse carries a maximum penalty of 10 years in prison. No legislation protects persons from discrimination based on sexual orientation or gender identity.
While the indecency statutes and anal intercourse laws were rarely enforced, there was widespread social discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in the deeply conservative society. The few openly LGBTI persons faced daily verbal harassment. Civil society groups received reports that LGBTI persons were denied access to rental homes or were forced to leave rental homes and were denied jobs or left jobs due to a hostile work environment.
There were few reported incidents of violence or abuse during the year. Civil society representatives noted that LGBTI persons were reluctant to report incidents of violence or abuse due to fear of retribution or reprisal. There was no progress in the police investigation of the 2015 killing of 18-year-old Marvin Anthony Augustin, the circumstances of which suggested a hate crime against a gay male.
The country’s sole LGBTI organization, United and Strong, conducted human rights training for selected police, customs, and correctional officers on both general and LGBTI-specific content.
HIV and AIDS Social Stigma
There was widespread stigma and discrimination against persons infected with HIV/AIDS. Civil society reported that health-care workers did not respect patient confidentiality with respect to HIV/AIDS status. The Ministry of Health provided sensitization training and workshops for health-care workers during the year.