Bahamas

5. Definition of abduction

(1) A person is guilty of abduction of another person who, with intent to deprive any person entitled to the custody or control of that other person, of such custody or control, or with intent to cause that other person to be married to, or to co-habit or have sexual intercourse with, any person —

(a) unlawfully takes that other person from the lawful custody, care or charge of any person; or

(b) detains that other person from returning to the lawful custody, care or charge of any person.

(2) The custody, control, care or charge of a person by a parent, guardian or other person shall be held to continue, notwithstanding that the first-mentioned person is absent from the actual custody, control, care or charge of the parent, guardian or other person if the absence is for a special purpose only, and is not intended by the parent, guardian or other person to exclude or determine such custody, control, care or charge for the time being; but a person is not guilty of abduction by taking or detaining a person unless he knew or had grounds for believing, that the person so taken or detained was in the custody, control, care or charge of some other person.

Article 20.

Any person who, by force, takes away or detains any other person of any age against his will, with intent to marry or co-habit or have unlawful sexual intercourse with him, or to cause him to be married to or to co-habit or have unlawful sexual intercourse with another person, is guilty of an offence and liable to imprisonment for fourteen years.

Sexual Offences Act 1991 Chapter 99 – NATLEX – English (PDF)

Article 2.

In this Act —

“exploitation” means —

(a) keeping a person in a state of slavery;

(b) subjecting a person to practices similar to slavery;

(c) compelling or causing a person to provide forced labour or services;

(d) keeping a person in a state of servitude, including sexual servitude;

(e) exploitation of prostitution of another;

(f) engaging in any form of commercial sexual exploitation, including but not limited to pimping, pandering, procuring, profiting from prostitution, maintaining a brothel, child pornography;

(g) illicit removal of human organs;

“forced labour” means labour or services obtained or maintained through force, threat of force, or other means of coercion or physical restraint;

“practices similar to slavery” includes, in general, debt bondage, serfdom, forced or servile marriages and delivery of children for exploitation;

“servitude” means a condition of dependency in which the labour or services of a person are provided or obtained by threats of serious harm to that person or another person, or through any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labour or services, that person or another person would suffer serious harm;

“slavery” means the status or condition of a person over whom any or all the powers attaching to the right of ownership are exercised;

“trafficking in persons” means the recruitment, transportation, transfer, harbouring or receipt of a person by means of the threat

or use of force or other means of coercion, or by abduction, fraud, deception, abuse of power or of a position of vulnerability, or by the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purposes of exploitation;

Article 3.

(1) Whoever engages in or conspires to engage in, or attempts to engage in, or assist or otherwise facilitates another person to engage in “trafficking in persons” shall —

(a) on summary conviction —

(i) be sentenced to not less than three years nor more than five years imprisonment;

(ii) be subject to forfeiture of property under section 7; and

(iii) be ordered to pay full restitution to the victim under section 6;

(b) on conviction on information —

(i) be sentenced to life imprisonment or to a term not less than five years;

(ii) be subject to forfeiture of property under section 7; and

(iii) be ordered to pay full restitution to the victim under section 6.

(2) A person commits the offence of trafficking in persons where, for the purpose of exploitation he —

(a) recruits, transports, transfers, harbours or receives another person within The Bahamas;

(b) recruits, transports or transfers another person from The Bahamas to another country; or

(c) recruits, transports, transfers, or receives or facilitates the arrival of another person from another country into The Bahamas, by any of the means specified in subsection (3).

(3) The means referred to in subsection (2) are —

(a) threat or use of force or other form of coercion;

(b) abduction;

(c) deception or fraud;

(d) the abuse of —

(i) power; or

(ii) a position of vulnerability;

(e) the giving or receiving of a benefit in order to obtain the consent of a person who has control over another person.

(4) Notwithstanding the absence of the use of any of the means specified in paragraphs (a) to (e) of subsection (3) a person who recruits, transports, transfers, harbours or receives a child for the purpose of exploitation of that child commits the offence of trafficking in persons.

(5) In subsection (3) a reference to “deception or fraud” includes deceiving another person about the fact that the other person’s exit from or arrival in The Bahamas is for a purpose that involves the provision by the other person of sexual services in or outside The Bahamas or will involve the other person’s exploitation or the confiscation of the other person’s travel or identity document.

Article 9.

(1) In a prosecution for trafficking in persons under section 3 or the offence under section 4 the alleged consent of a person to the intended or realized exploitation is irrelevant.

(2) In a prosecution for the offence of trafficking in persons under section 3, evidence of a victim’s past sexual behaviour is irrelevant and inadmissible for the purpose of providing that the victim engaged in other sexual behaviour, or to prove the victim’s sexual predisposition.

Trafficking in Persons Act 2008 Chapter 106 – English (PDF)

TITLE VII JUSTIFIABLE FORCE AND HARM

111. Use of force in case of consent of the person against whom it is used

The use of force against a person may be justified on the ground of his consent, subject as follows —

(1) the killing of a person cannot be justified on the ground of consent;

(2) a wound or grievous harm cannot be justified on the ground of consent, unless the consent is given and the wound or harm is caused in good faith for the purposes or in the course of medical or surgical treatment;

(3) a party to a fight whether lawful or unlawful cannot justify on the ground of the consent of another party any force which he uses with intent to cause harm to the other party;

(4) a person may revoke any consent which he has given to the use of force against him and his consent when so revoked shall have no effect for justifying force:

wife at marriage for the purposes of marriage cannot be revoked until the parties are divorced or separated by a judgment or decree of a competent court;

(5) consent to the use of force for the purposes of medical or surgical treatment does not extend to any improper or negligent treatment;

(6) consent to the use of force against a person for purposes of medical or surgical treatment or otherwise for his benefit may be given against his will by his parent or guardian or person acting as his guardian if he is under eighteen years of age or by any person lawfully having the custody of him if he is insane or is a prisoner in any prison or reformatory, and, when so given on his behalf, cannot be revoked by him; and

(7) if a person is intoxicated or insensible, or is from any cause unable to give or withhold consent, any force is justifiable which is used, in good faith and without negligence, for the purposes of medical or surgical treatment, or otherwise for his benefit, unless some person authorised by him or by law to give or refuse consent on his behalf dissents from the use of such force.

TITLE XIX KIDNAPPING

285. Effect of avoidance of marriage as regards consent

If a female is compelled to marry another person by such duress as avoids the marriage or makes it voidable, the marriage is of no effect for the purpose of Book I. of this Code with respect to consent.

20. Procedure when the consent of a parent or a guardian is required

(1) Persons who have reached the age of eighteen years and widowers and widows may marry without the consent of others.

(2) When a person under eighteen years of age, not being a widower or widow intends to marry, the persons or person mentioned in Schedule M to this Act shall have authority to consent to the marriage of such person, and such consent is hereby required, except as provided in subsection (3) of this section.

(3) If the parent or guardian whose consent is necessary is non compos mentis, or unreasonably withholds consent to the marriage of any person, or if no person authorised under this Act to give consent to a marriage is resident in the Bahamas or is easily accessible, either party to the intended marriage may refer the matter to the Supreme Court which shall decide upon the same in a summary way, and if the proposed marriage appears upon examination to be proper the Supreme Court shall certify the same, and such certificate shall be as good and effectual as if the necessary consent had been given.

(4) Where either of the parties to a marriage is under eighteen years of age not being a widower or widow, and is married under this Act without the consent of the person having authority to consent, it shall be lawful for the Supreme Court, on an information by the Attorney- General, to declare a forfeiture of all interest in any property acquired by such marriage by the other party thereto, and to secure the same for the benefit of the party so under eighteen years of age, and of the issue of the marriage.

50. Minimum age of marriage

(1) A marriage solemnized between persons either of whom is under the age of fifteen years shall, subject to the provisions of this section, be void.

(2) Notwithstanding the provisions of subsection (1) of this section, the Supreme Court may upon the application of either party to an intended marriage who has reached the age of thirteen years but is under the age of fifteen years, and upon good cause shown, by order grant a dispensation and in such case the intended marriage may be lawfully solemnized.

(3) Every application shall be heard and decided by a judge of the Supreme Court in a summary way.

(4) Nothing in this section contained shall affect the validity of any marriage solemnized before the seventh day of April, 1967.

9. Consent to marriage of minors.

(1) Where a party to an intended marriage, not being a widower or widow, is between the ages of fifteen to seventeen years of age, then the consent of the person or persons mentioned in the Third Schedule shall be required to the marriage of that party.

(2) The consent required by subsection (1) shall be in such form as may be prescribed.

10. Application for consent of Judge.

( 1) If any person whose consent to a marriage is required under section 9 is absent from Bahamas or is of unsound mind, then a Judge, on application being made, may consent to the marriage.

(2) If any person whose consent to a marriage is required under section 9 refuses to give his consent, then a Judge, on application being made, may consent to the marriage; and the consent of a Judge shall have the same effect as if it had been given by the person whose consent is refused.

(3) Any application for the consent of a Judge under this section shall be made by the parties to the intended marriage and shall be by originating summons.

11. Caveat may be entered.

( 1) Any person whose consent to a marriage is required under this Act or who knows or claims to know of any just cause why the marriage should not take place may enter a caveat against the issue of a Certificate for Marriage.

(2) A person desiring to enter a caveat shall do so by notice in writing under his hand given to the Registrar, stating that he forbids the marriage and stating his full name and place of abode and the grounds on which he claims to forbid the marriage.

(3) If the Registrar thinks fit, he may require such notice to be made or given on oath.

(4) Notice may be given at any time before the issue of the Certificate for Marriage to which it relates.

(5) Where a caveat is entered, the Registrar shall not issue a Certificate for Marriage unless and until the caveat is removed.

18. Void marriages.

( 1) Without prejudice to the effect of any other provision of law under which a marriage is void or voidable, a marriage shall be null and void-·-

( a) unless it is contracted before a marriage officer:

(b) if the parties to the marriage are within the prohibited degrees of consanguinity or affinity according to the law for the time being in force in The Bahamas;

(c) if at the time of the marriage either party to the marriage is suffering from mental disorder within the meaning of the Mental Health Act (Ch. 230);

(d) if at the time of the marriage either party to the marriage is under the age of fifteen years;

(e) if both parties to the marriage knowingly and wilfully acquiesce in the contracting of the marriage under a false name or names;

(f) if both parties to the marriage knowingly and wilfully acquiesce in the contracting of the marriage without any notice given of the marriage (where such notice is required by this Act) or without the authority, as the case may be of a Certificate for Marriage or of a Special Licence.

(g) if the marriage is contracted in articulo mortis, and both parties thereto knowingly and wilfully acquiesce in its being so contracted without fulfilment of the conditions specified in section 17.

(2) Save as provided in subsection (1) no marriage after it has been contracted shall be deemed to be invalid by reason of a failure to comply with any of the provisions of this Act.

23. Offences.

(I) Any person-

( a) who, not being a marriage officer, knowingly and wilfully, authorizes or conducts or professes to authorize or conduct the contracting of any marriage before him;

{b) who, being a marriage officer, authorizes or conducts the contracting of any marriage, knowing that the marriage is void on any ground, or knowing that it is an irregular marriage;

(c) who is a party to a marriage, knowing that the marriage is void on any ground and that the other party thereto believes it to be valid;

(d) who impersonates any other person in marriage or marries under a false name or description, with intent to deceive the other party to the marriage;

(e) who, in any declaration, notice, statement, certificate, entry, licence or document required by any of the provisions of this Act to be made, given or issued for the purposes of a marriage, declares, states, certifies or enters any material matter or thing which he knows to be false; or

(f) who attempts or aids or abets the commission of any such offence as aforesaid,

is guilty of an offence and is liable on conviction on indictment to imprisonment for 4 years.

(2) Without prejudice to the effect of subsection (l)(c) or (d), any person-

(a) who is a party to a marriage knowing that it is void on any ground or knowing that it is an irregular marriage;

(b) who marries under a false name or description; or

(c) who attempts or aids or abets the commission of any such offence as aforesaid,

is guilty of an offence and liable on conviction on indictment to imprisonment for two years, or a fine not exceeding $20,000 or both such imprisonment and fine.

(3) Without prejudice to the effect of paragraph (e) of subsection (I), any person who in any declaration, notice, statement, certificate, entry, licence or document required by any of the provisions of this Act to be made.

given or issued for the purposes of a marriage, declares, states, certificates or enters any material matter or thing which is false shall if he does so without having reasonable grounds for believing such matter or thing to be true is guilty of an offence and liable on conviction on indictment to imprisonment for one year, or a fine of $10,000 or both such imprisonment and fine.

( 4) Any person who attempts to prevent a marriage by pretence that his assent thereto is required by law, or that any person whose consent is so required does not consent, or that there is any legal impediment to the marriage shall, if he does so knowing that the pretence is false, or having no reason to believe that it is true is guilty of an offence and liable on conviction on indictment to imprisonment for two years, or a fine not exceeding $20,000 or both such imprisonment and fine.

(5) For the purpose of this section “irregular marriage” means a marriage (not being a void marriage or a marriage in articulo mortis) contracted-

(a) without any notice given of the marriage where such notice is required by this Act;

(b) without the authority of a Certificate for Marriage or a Special Licence;

(c) after the expiration of three months from the date of the issue of any such Certificate for Marriage or grant of a Special Licence;

(d) before the removal of a caveat entered against the issue of a Certificate for Marriage; or

(e) without consent to the marriage as required by this Act.

(6) A prosecution under this section shall not be instituted without the written consent of the Attorney-General.

20. Petition for nullity

A husband or wife may present a petition to the court praying that his or her marriage may be declared null and void on any of the grounds mentioned in section 21 or 22.

21. Void marriage

(1) A marriage shall be void on any of the following grounds:

a) that it is not a valid marriage in accordance with the provisions of the Marriage Act;

(b) that at the time of the marriage, either party was already lawfully married;

(c) that the parties are not respectively male and female; or

(d) that in the case of a polygamous marriage entered into outside The Bahamas, either party was domiciled in The Bahamas.

(2) For the purposes of paragraph (d) of subsection

(1), a marriage may be polygamous although at its inception neither party has any spouse additional to the other.

22. Voidable marriage

A marriage celebrated after the 31st July, 1971, shall be voidable on any of the following grounds:

(a) that the marriage has not been consummated owing to the incapacity of either party to consummate it;

(b) that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate it;

(c) that either party to the marriage did not validly consent to it whether in consequence of duress, mistake, unsoundness of mind or otherwise;

(d) that at the time of the marriage either party to the marriage though capable of giving valid consent, was suffering from a mental disorder within the meaning of the Mental Health Act of such a kind or to such an extent as to be unfitted for marriage;

(e) that at the time of the marriage the respondent was suffering from venereal disease in a communicable form;

(f) that at the time of the marriage the respondent was pregnant by some person other than the petitioner.

23. Decree of nullity

If the court is satisfied on the evidence of any such fact as is mentioned in section 22, it shall, subject to the provisions of this section, grant a decree annulling the marriage:

Provided that the court shall not grant such a decree —

(a) if the court is satisfied on the evidence, that the petitioner, with knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the respondent as to lead the respondent reasonably to believe that he would not seek to do so, and that it would be unjust to the respondent to grant the decree;

(b) without prejudice to paragraph (a), on any of the grounds mentioned in paragraphs (c), (d), (e) or (f) of section 22, unless the proceedings are instituted within one year from the date of the marriage;

(c) without prejudice to paragraphs (a) and (b) on any of the grounds mentioned in paragraphs (e) or (f) of section 22, unless the court is satisfied that the petitioner was at the date of the marriage ignorant of the facts alleged; or

(d) if the court is satisfied that the petition is presented by the petitioner in collusion with the respondent.