Saint Lucia

Last reviewed 01 June 2017

Country overview

Specific law enacted

Yes

Specific law detail

Specific law criminalising HIV non disclosure, exposure, or transmission: No

Prosecuted using non-HIV specific laws: No

Prosecuted using both specific and non specific laws: No

Is non-disclosure actionable: No

Is exposure actionable: No

Is transmission actionable: No

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; 

Specific laws

Specific law enacted Yes

Specific law criminalising HIV non disclosure, exposure, or transmission: No

Prosecuted using non-HIV specific laws: No

Prosecuted using both specific and non specific laws: No

Is non-disclosure actionable: No

Is exposure actionable: No

Is transmission actionable: No

Laws

Applicable laws

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

St Lucia Public Health Act 1975

Applicable key wording

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

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; 

Cases

Overview

None known

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Overview

Male-male relationships

Not legal

Male-male marriage

Not legal

Female-female relationships

Not legal

Female-female marriage

Not legal

Last reviewed 01 June 2017