Saint Lucia

Last updated on: 27 April 2012

Criminalisation of HIV transmission/exposure

Saint Lucia
Whether Specific law enacted: 
Yes
Number of people prosecuted: 
None known
Number of people convicted: 
None known
Applicable law: 

Saint Lucia's Criminal Code, No. 9 of 2004 (Effective 1 January 2005)

St Lucia Public Health Act 1975

Key wording in the law: 

Saint Lucia's Criminal Code, No. 9 of 2004 (Effective 1 January 2005): Section 140 Transmission of HIV

Key Cases: 

None known

Discussion: 

Saint Lucia's Criminal Code, No. 9 of 2004 (Effective 1 January 2005)

Transmission of HIV

Section 140.— (1) Any person who, knowing that he or she suffers from acquired immune deficiency syndrome commonly known as AIDS, intentionally or recklessly infects another person with the human-immuno deficiency virus known as HIV, whether through sexual intercourse or any other means by which the disease may be transmitted to another person commits an offence of aggravated sexual assault and is liable on conviction on indictment to imprisonment for ten years.

(2) It is no defence for a person charged with an offence under subsection (1), to prove that the act was committed with the consent of the other person.

St Lucia Public Health Act 1975

Regulations

9. —(1) The Minister may, subject to negative resolution of the House of Assembly, make regulations for the proper carrying out of the provisions of this Act and without limiting the generality of the foregoing may make regulations—

(a) prescribing the forms to be used for the purposes of this Act;

(b) for the prevention, treatment, limitation and suppression of disease; 

Other laws and policies with an impact on responses to HIV

Laws relating to same sex, sexual relations: 

Saint Lucia's Criminal Code, No. 9 of 2004 (Effective 1 January 2005)

Prostitution and Related Offences

Procuring or aiding and abetting

141.— (1) Any person who —

(a) procures any male or female under eighteen years of age to have unlawful sexual intercourse or sexual connection with another person within or outside this State;

(b) procures any male or female to become, either within or outside this State, a common prostitute;

(c) procures any male or female to leave this State, with intent that he or she may for the purposes of prostitution, become an inmate of, or frequent, a brothel elsewhere;

(d) procures any male or female to leave his or her usual place of abode in this State with intent that he or she may for the purposes of prostitution, become an inmate or frequent a brothel, in any country; s liable on conviction on indictment to imprisonment for seven years.

(2) Any person who, knowing that an offence under subsection (1) has been committed by the person, aids and abets the unlawful detention of another person, or otherwise aids and abets the execution of the intent with which that offence was committed, is guilty of that offence.

(3) A police officer may take into custody without a warrant the person whom he or she has reasonable cause to suspect of having committed or attempting to commit, any offence under this section.

Buggery Section 133

1) A person who commits buggery commits an offence and is liable on conviction on indictment to imprisonment for -

a) life, if committed with force and without the consent of the other person

b) ten years, in any other case.

2) Any person who attempts to commit buggery, or commits an assault with intent to commit buggery, commits an offence and is liable to imprisonment for five years.

3) In this section "buggery" means sexual intercourse per anus by a male person with another male person. (ILGA May 2009, 35; Saint Lucia 2004, Sec. 133)