Fighting Domestic Violence

Trinidad and Tobago

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3. Similarities and differences in terminology
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3. Similarities and differences in terminology Start Comparison
3.1 Domestic violence

The current definition of domestic violence under the Domestic Violence Act[6] is broad and includes "physical, sexual, emotional or psychological or financial abuse committed by a person against a married or common law spouse (including former spouse), child, any other person who is a member of the household or dependent."

However, the Amendment Bill proposes the following amendments:

  • The present category of persons who may be considered domestic violence victims is broadened to allow for abuse against anyone in a domestic relationship with the respondent, including a cohabitant or a person in a dating relationship, to be considered domestic violence.
  • "Emotional or psychological abuse" is deleted and substituted with a new definition, thus expanding the current scope of what may be considered emotional or psychological abuse. Critically, it is proposed that the definition be broadened so that emotional abuse includes the making of unwelcome or intimidatory contact with the person by any means (including electronic means) and the dissemination of intimate images of the applicant or applicant's child (electronically or by any other means). Moreover, preventing a person from making or keeping connection with his or her family or friends, or any other controlling or coercive behavior toward the person or his or her child, will be considered "emotional or psychological abuse."
  • The definition of a "member of household" is deleted and substituted with the definition of a "member of the same household." In relation to an applicant or a respondent, a member of the same household means a person who ordinarily or periodically resides in the same dwelling house as the applicant or respondent; who is related to the applicant or respondent by consanguinity, affinity or adoption; who is or has been the subject of an order of the court under the Family Law (Guardianship of Minors, Domicile and Maintenance) Act 1981 ("Family Law Act") or the Children's Authority Act; or who is or has been treated like a child of the family.
3.2 Stalking
There is no specific anti-stalking or harassment law in Trinidad and Tobago, although some stalking behavior may be policed under the Offenses Against the Person (Amendment) (Harassment) Act,[7] which was introduced in June 2005[8] and came into force under legal notice number 113 on 30 June 2008.[9]
3.3 Harassment

Harassment is defined under Section 30A(1) of the Offences Against the Person Act to include alarming a person or causing them distress by engaging in a course of conduct such as the following:

  1. following, making visual recordings of, stopping or accosting the person
  2. watching, loitering near or hindering or preventing access to or from the person's place of residence, workplace or any other place frequented by the person
  3. entering property or interfering with property in the possession of the person
  4. making contact with the person, whether by gesture, directly, verbally, by telephone, computer, post or in any other way
  5. giving offensive material to the person, or leaving it where it will be found by, given to or brought to the attention of the person
  6. acting in any manner described in subparagraphs (i) to (v) toward someone with a familial or close personal relationship to the person
  7. acting in any other way that could reasonably be expected to alarm or cause the person distress
The conduct referred to must have been done on at least two occasions.
3.4 Victim
"Victim" is not defined in the Domestic Violence Act, but is defined in other criminal related laws. For example, under the Trafficking in Persons Act, a victim means a "person against whom an offence is committed or against whom an offence is alleged to have committed under the Trafficking in Persons Act."[10] Under the Criminal Injuries Compensation Act, a victim means a "person who suffers criminal injury or is killed by any act or omission of another person which act or omission is a crime listed in the First Schedule."
3.5 Abuser
There is no reference to an "abuser" in the relevant Trinidad and Tobago laws. The word "respondent" is used throughout the Domestic Violence Act.
3.6 Civil protection order
This is a court document that prevents a person from engaging in abusive behavior of any type. This includes prohibiting the respondent from engaging or threatening to engage in conduct that would constitute domestic violence toward the applicant; engaging in direct or indirect communication with the applicant; taking possession of, damaging, converting or otherwise dealing with property that the applicant may have an interest in or is reasonably used by the applicant; and approaching the applicant within a specified distance. Please refer to Section 4.1 for more detail.
3.7 Causes of action
An action means any civil proceedings in a court of law other than those relating to real property.[11]
3.8 Marital rape

Previously, the law only recognized that sexual intercourse between a husband and wife could be nonconsensual in limited circumstances, including where there was a separation or if a decree nisi was in effect. Now, the law fully recognizes rape within marriage and makes no distinction between nonconsensual sexual intercourse between persons who are married or cohabiting and the rape of a person who is not the husband, wife or cohabitant of the offender.[12]

Rape under the law of Trinidad and Tobago is an indictable offence, created by Section 4 of the Sexual Offenses Act. Under subsection 5 of the Sexual Offenses Act, rape is extended to marital rape, applying to a husband in relation to committing the offense of rape on his wife.[13]
3.9 Are there any other important domestic violence terms defined in relevant domestic violence statutes and codes?

Emotional or psychological abuse

This is defined as a pattern of behavior of any kind, the purpose of which is to undermine the emotional or mental well-being of a person, including the following:

  1. persistent intimidation by the use of abusive or threatening language
  2. persistently following the person from place to place
  3. depriving the person of the use of their property
  4. watching or besetting the place where the person resides, works, carries on business or happens to be
  5. interfering with or damaging the property of the person
  6. the forced confinement of the person
  7. persistently telephoning the person at the person's place of residence or work
  8. making unwelcome and repeated or intimidating contact with a child or older relative of the person

This is a similar definition to the definition under the Offenses Against the Persons Act 2005 — see the definition of "harassment" above.

As mentioned in point (a) above, the Amendment Bill[14] proposes broadening the definition of emotional or psychological abuse to encompass making unwelcome or intimidating contact with the person by any means.

Financial abuse

This is defined as a pattern of behavior of a kind, the purpose of which is to exercise coercive control over or to exploit or limit a person's access to financial resources to ensure financial dependence.

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