2. Thedefinition of a minor is that of "a person
under eighteen years of age" (Trinidad and
Tobago 11 Nov. 1986, Sec. 2).
3. Between the months of January 2005 and
August 2005, "there were 135 individual child
clients under 18 years of age, 39% of which
were male, and 61% female.
Theabuse reported was as follows:" 71 cases
of physical abuse, 126 of emotional abuse,
34 of sexual abuse, 13 of incest, 61 of verbal
abuse, 9 of financial abuse, 23 of threats and
64 of isolation/neglect (obtained from the
National Domestic Violence Hotline).
4. Noted, however, was that child abuse
statistics were not collected by the Central
Statistical office and that differing
organizations may even have conflicting
reports, depending on the cases reported to
them.
Moreover these organizations can only deal
with the cases reported to them, which does
not paint a full picture.
5. Dr. David E. Bratt, a pediatrician stated in
“The Trinidad Guardian” (10 May 2005) that
“child abuse is rampant in T&T. It is so
common that it is often not seen and has
become part of our daily behaviour...our
legal system is such that you can kick a baby
to death, or can punch them in their
stomach, rupture their livers, watch them
bleed to death, and be assured that you will
get off because of 'extenuating
circumstances”.
6. The Children's Authority bill, introduced on
1999, allows the powers that be the right to
to "investigate complaints or reports of
mistreatment of children in their homes" as
well as to investigate complaints with
respect to children in foster care or
community residence (2 Nov. 2000, Sec. 5(f);
15 Nov. 2004, Para. 820).
7. The Children’s Act Chap. 46:01, addresses
child abuse:
If any person over the age of eighteen years,
who has the custody, charge, or care of any
child or young person, wilfully assaults,
neglects, abandons, or exposes the child to
such, that person is liable to a fine of ten
thousand dollars, alternatively or in addition
to imprisonment for two years.
On summary conviction, a fine of five
thousand dollars is charged, alternatively, or
in addition to imprisonment for six months.
8. Forthe purpose of the Children’s Act a
parent or other person legally liable to
provide care for a child or young person shall
be deemed to have neglected him in a
manner likely to cause injury to his health if
he, or she, fails to provide adequate food,
clothing, medical aid, or lodging for the child
or young person. (Trinidad and Tobago 15
Nov. 2004, Para. 819)
9. Section 4 of the Sexual Offences
(Amendment) Act states that sexual assault
is an indictable offence and is defined as
sexual intercourse without consent, where
the consent was obtained via threat, where
impersonation was used or through the
unlawful detainment of the victim.
10. Othersuch acts which would constitute
sexual abuse of a minor are:
– Grievous sexual assault (Trinidad and
Tobago 25 Sept. 2000, Sec. 5);
– Sexual intercourse with a female under 14
(. 11 Nov. 1986, Sec. 6);
– Sexual intercourse with a female between
14 and 16 (Sec. 7);
– Sexual intercourse with a male under 16
(Sec. 8);
11. – Incest (Sec. 9);
– Sexual intercourse with an adopted minor,
foster child or dependant (Sec. 10);
– Sexual intercourse with an employed minor
(Sec. 11);
– Buggery (Sec. 13);
– Indecent assault (Sec. 15);
– Serious indecency (Sec. 16);
– abduction of a female (Sec. 20; Interpol
n.d.)
12. TheUN Committee on the Rights of the
Child, states that “although parents are not
expressly prohibited by law from
administering corporal punishment at home,
the Children (Amendment) Act, No. 68 of
2000 has set out guiding principles for
parents to observe in respect of this issue“.
13. Theseguidelines include the lack of
humiliating or inhumane punishments and
the responsibility to guide the child without
the use of physical or emotional abuse and
neglect.
14. The Family Court
This organization has jurisdiction over child
protection matters including the abuse and
neglect of the children.
It was launched in May 2004 within the High
Court and employs judges and Magistrates
with training in Family Law.
This division also seeks to provide counselling
as well as placement services to children
subjected to sexual abuse and has has a
formal foster care system.
15. Organizationssuch as Amica Home, Joshua
Boys Home and the ELC-Mary Care Centre are
also meant to provide housing, education,
counseling and care to children who have
suffered from abuse, neglect or
abandonment.