Barbados

2 Interpretation

In this Act,

“child” means a person under the age of 18 years;

…

“exploitation” includes keeping a person in a state of slavery; subjecting a person to practices similar to slavery; compelling or causing a person to provide forced labour or services; keeping a person in a state of servitude, including domestic and sexual servitude; the exploitation of the prostitution of another; engaging in any other form of commercial sexual exploitation, including, pimping, pandering, procuring, profiting from prostitution and maintaining a brothel; child pornography; the illicit removal of human organs; causing a person to transport illegal items within or across borders; and deriving a benefit through the abuse of another person;

…

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

3. Offence of trafficking in persons

(1) A person who, for the purpose of exploitation by any of the means specified in subsection

(2) recruits, transports, transfers, harbours or receives persons into or within Barbados; recruits, transports or transfers persons from Barbados to another jurisdiction; or receives or harbours persons from Barbados in another jurisdiction, is guilty of the offence of trafficking in persons and is liable on conviction on indictment, to a fine of $1 000 000 or to imprisonment for 25 years or to both.

(2) The means referred to in subsection (1) are threats or the use of force or other forms of coercion; abduction; fraud or deception; the abuse of power or the abuse of a position of vulnerability; or the giving or receiving of payment or benefits to achieve the consent of a person having control over another person.

(3) A person who incites or directs another person to traffic in persons is guilty of the offence of trafficking in persons and is liable on conviction on indictment, to a fine of $1 000 000 or to imprisonment for 25 years or to both.

(4) For the purposes of subsection (1), coercion means violent coercion; or non-violent or psychological coercion, such as threats of serious harm to or physical restraint against a person; the abuse or threatened abuse of legal process; or any scheme, plan or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against a person.

4 Trafficking in children

A person who for the purpose of exploitation recruits, transports, transfers, harbours or receives a child into or within Barbados; receives or harbours a child from Barbados in another jurisdiction; or recruits, transports or transfers a child from Barbados to another jurisdiction, is guilty of the offence of trafficking in children and is liable on conviction on indictment to a fine of $2 000 000 or to imprisonment for life or to both.

The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation is sufficient to establish the offence of trafficking in children.

A person who incites or directs another person to traffic in children is guilty of the offence of trafficking in children and is liable on conviction on indictment, to a fine of $2 000 000 or to imprisonment for life or to both.

Trafficking in Persons Prevention Act 2016 – NATLEX – English (PDF)

8.

(1) Any person who, for the purpose of exploitation of another person organizes or facilitates

(a) the entry or proposed entry of the other person into Barbados;

(b) the exit or proposed exit of the other person from Barbados;

or

(c) the receipt of the other person into Barbados, by any of the means specified in subsection (6) and thereby obtains the compliance of the other person in respect of the entry or proposed entry or the exit or proposed exit or in respect of that receipt, is guilty of the offence of trafficking in persons.

(2) Any person who

(a) organizes or facilitates

(i) the entry or proposed entry;

(ii) the exit or proposed exit; or

(iii) the receipt of another person in accordance with subsection (1); and

(b) in organizing or facilitating that action, is reckless as to whether the other person will be exploited after that entry or proposed entry or after that exit or proposed exit or after the receipt of that person, is guilty of the offence of trafficking in persons.

(3) Any person referred to in paragraph (a), (b) or (c) of subsection (1), who deceives the other person about the fact that the entry or proposed entry or receipt of the other person or any arrangements for the stay of the other person in Barbados will involve

(a) the provision by the other person of sexual services;

(b) the exploitation or debt bondage of the other person;

(c) the removal of human organs or human tissue; or

(d) the confiscation of the travel or identity documents of the other person, is guilty of the offence of trafficking in persons.

(4) Any person referred to in paragraph (a), (b) or (c) of subsection (1), who

(a) arranges or knows of an arrangement for the other person to

(i) provide sexual services;

(ii) provide forced labour, slavery, servitude or a similar practice; or

(iii) have any human organs or human tissue removed; and

(b) deceives the other person about any of the following:

(i) the nature of the sexual services to be provided;

(ii) the extent to which the other person will be free to leave the place or area where the other person provides sexual services;

(iii) the extent to which the other person will be free to cease providing sexual services;

(iv) the extent to which the other person will be free to leave his place of residence;

(v) where there is a debt owed or claimed to be owed by the other person in connection with the arrangement for the other person to provide sexual services, the quantum or the existence of the debt owed or claimed to be owed; and

(vi) where there will be a removal of a human organ or human tissue in circumstances amounting to exploitation, the removal of that organ or human tissue,  is guilty of the offence of trafficking in persons.

(5) A person who for the purpose of exploitation, recruits, transports, transfers, harbours or receives a person referred to in subsection (1) by any of the means specified in subsection (6) is guilty of the offence of trafficking in persons.

(6) The means referred to in subsections (1) and (5) are

(a) threats or use of force or other forms 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 payments or of a benefit in order to obtain the consent of a person who has control over another person.

10.

(1) The consent of a victim of trafficking in persons is immaterial to the commission of the offence of trafficking in persons.

(2) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be regarded as trafficking in persons even where the recruitment, transportation, transfer, harbouring or receipt did not involve any of the means specified in section 8(6).

(3) Notwithstanding the provisions of any other law, all legal proceedings conducted in relation to the offence of trafficking in persons shall be conducted in camera.

13.

(1) Where a person is convicted of the offence of trafficking in persons under section 8 and the victim of the offence

(a) is a child, that person is liable on conviction on indictment to imprisonment for life;

(b) is not a child, that person is liable on conviction on indictment to a fine of $1 500 000 or to imprisonment for 15 years or to both.

(2) A person who is convicted of an offence under

(a) section 9(1), is liable on conviction on indictment to a fine of $1 500 000 or to imprisonment for 15 years; or

(b) section 9(2), is liable on conviction on indictment to a fine of $2 000 000 or to imprisonment for 25 years or to both.

(3) Where a person is convicted of an offence of trafficking, the court may, in addition to any penalty imposed pursuant to this section, order that person to pay restitution to the victim.

(4) Restitution must compensate, where applicable, for any of the following:

(a) costs of medical and psychological treatment;

(b) costs of physical and occupational therapy and rehabilitation;

(c) costs of necessary transportation, temporary housing and child care;

(d) lost income;

(e) attorney’s fees and other legal costs;

(f) compensation for emotional distress, pain and suffering;

(g) any other losses suffered by the victim which the court considers applicable.

(5) Notwithstanding subsection (3), where the property of a person convicted under this Act is forfeited, under the Proceeds of Crime Act or any other relevant Act, restitution shall be paid to the victim as far as possible, from that property or the proceeds thereof.

Transnational Organized Crime Act 2010 – SHERLOC – English (PDF)

2 Interpretation

For the purposes of this Act

…

“minor” has the meaning assigned to it by the Minors Act, Cap. 215;

…

4 Marriage between persons under 16 years void

1) A marriage solemnised between persons either of whom is under the age of 16 years is void.

2) Nothing in subsection (1) affects the validity of a marriage solemnised before 23rd April, 1979, and any such marriage is or becomes valid in any case where, if this Act had not been passed, it would be or would have become valid.

5 Void marriages in other cases

1) Subject to section 34 and Part VII, a marriage between 2 persons solemnised

1. without due publication of banns of marriage, a marriage licence or magistrate’s certificate;
2. on the purported authority of void banns of marriage a void marriage licence or magistrate’s certificate; or
3. by a person who is not a marriage officer or magistrate, is void.

2) A marriage solemnised between two persons is void where—

1. either person is, at the time of the marriage, lawfully married to another person;
2. the marriage is not a valid marriage under the law of the place where the marriage takes place, by reason of a failure to comply with the requirements of the law of that place with respect to the form of solemnisation of marriages; or
3. the consent thereto of either person is not a real consent because—
4. it was obtained by duress or fraud;
5. one person was mistaken as to the identity of the other person or as to the nature of the ceremony performed; or

• one of the persons was mentally incapable of understanding the nature and effect of the ceremony performed.

26 Minors

1. Where one of the persons intending to marry is a minor, banns of marriage shall not be published nor shall a marriage licence or magistrate’s certificate be issued under this Part until the consent of the person specified in the Second Schedule is obtained.
2. The consent referred to in subsection (1) is not required in respect of a person who is a widow, widower or divorced.
3. If a consent to a marriage required by subsection (1) cannot be obtained because a person who may give it
4. is non compos mentis or otherwise incapable of so doing;
5. is out of Barbados, or cannot be found in Barbados, or is otherwise not available; or
6. unreasonably refuses to do so,

a Judge may, in his discretion, on application being made to him by originating summons by either person intending to marry, make an order dispensing with the consent required by subsection (1).

4. An application may be made under subsection (3) without the intervention of a next friend.

27 Religious marriages

…

During the ceremony the consent of each party to the marriage to accept the other as his wife or her husband, as the case may be, shall be clearly expressed in the presence of the marriage officer and the witnesses.

…

33 Protection of persons solemnising marriage in good faith

No person who solemnises or purports to solemnise a marriage is subject to any action or liability by reason of there having been any legal impediment to the marriage unless at the time he performed the ceremony he was aware of the impediment.

34 Marriages solemnised in good faith

Notwithstanding section 5, if the parties to a marriage solemnised in good faith and intended to be in compliance with this Act are not under a legal disqualification to contract such marriage and after such soleminisation have lived together and cohabited as man and wife, such marriage shall be deemed a valid marriage, notwithstanding that the person who solemnised the marriage was not authorised to solemnise marriages, and notwithstanding the absence of, or any irregularity or insufficiency in, the publication of banns, or the issue of a marriage licence or magistrate’s certificate under Part IV.

38 False statements

Any person who knowingly makes any false statement in any document required under this Act is guilty of an offence and liable on summary conviction to a fine of $1 000 or imprisonment for 12 months or both.

42 Limitation of prosecution

Notwithstanding section 115 of the Magistrates Jurisdiction and Procedure Act, Cap. 116, a prosecution for an offence under this Act may be commenced at any time within 2 years from the date of the commission of the offence.

SECOND SCHEDULE

CONSENT REQUIRED TO MARRIAGE OF A MINOR

1 Where both parents are alive—

1. if the parents are living together; Either parent;
2. if the parents are divorced or living apart; The parent having legal or actual custody, or, where legal custody is given to each parent for part of the year, either parent;
3. if both parents have been deprived of custody by order of a court. The person to whose custody the minor is committed by order of the court.
4. Where one parent is dead —
5. if there is no other guardian; The surviving parent;
6. if a guardian has been apointed by the deceased parent. The surviving parent or the guardian appointed by the deceased parent.

3 Where both parents are dead or are non compos mentis. A lawfully appointed guardian or an acknowledged guardian who has brought up, or who for at least three years immediately preceding the intended marriage has supported, the minor.