LAWS AGAINST “HARASSMENT&STALKING
A GROUND-BREAKING new law that effectively bans the stalking and harassment of persons by such means as talking to them over the telephone, emailing them or even “sooting” them has now come into force.
The 2005 Offences Against the Person (Amendment) (Harassment) Act, which makes it a criminal offence to harass a person, was proclaimed by legal notice number 113 on June 30, this year by President George Maxwell Richards. The notice was published this week.
The Act amends the almost century-old Offences Against the Person Act by introducing a new offence of harassment at Section 30A alongside more traditional offences such as assault. Under Section 30A harassment of a person “includes alarming the person or causing the person distress” by engaging in any conduct that may have this effect.
Such conduct can include following, making visual recordings of, stopping or accosting the person. It also includes watching, loitering near to or blocking access to the person’s residence, workplace, or any other place frequented by the person as well as entering or interfering with property in the possession of the person. Interestingly, harassment also includes “making contact with the person, whether by gesture, directly, verbally, by telephone, computer, post or in any other way.” Penalties for various offences range from a fine of $2,000 and six months imprisonment, a $10,000 fine or $5,000 plus six months imprisonment upon summary conviction. A harassed person will also be able to have a protection order issued by the court. Attorney Rajiv Persad, a director of the Caribbean Centre for Human Rights, yesterday welcomed the proclamation of the legislation.
“Prior to the Act protection and compensation was only open to persons under the Domestic Violence Act. This is giving a mechanism for a large number of persons to get some protection. Much of this Act’s success will turn on how the courts interpret the sections that create the offence.”
In piloting the law in the Senate on February 1, 2005, Minister of National Security Martin Joseph noted that the offence of harassment had to be construed in a wide sense in order to capture the essence of the threat to potential victims.
But some, including then UNC Senator Robin Montano, found the new laws to be too intrusive and worried that it would stymie the rights of the press. Citing the example of a journalist conducting surveillance on a possibly corrupt government minister he warned, “I do not see this legislation as giving sufficient protection to the press.”
Extracted From: Trinidad & Tobago Newsday Newspaper
Thursday, July 31 2008
Noble taylor
February 28, 2019 at 8:35 pmHow can I go about dealing with harassment and false accusation against me and defaming my character
site_manager
June 30, 2020 at 10:50 pmHi Nobel,
Please make an appointment at https://martingeorge.net/make-appointment or contact the office at 1868-624-7257 (Trinidad office) or 868-639-1809 (Tobago office) for legal advice.
Kevon mayers
June 27, 2020 at 2:19 amGood day sir.
I am seeking advice in relation to a matter. I have a exisiting family court matter. During this family court matter for custody and maintainence a serious injuries take place with my son.
1. Cover up of a sexual assualt
2. False court order issued to me on my job 3. False complains made my the defendant stating i abuse her. This same matter was brought before the family court and was in trial stage to prove it was false . The person made complaint on my job as well. It was investigated and results found that is was false .
4. I have been given orders from persons at my job directives that i cant sue the state as a serving member of the defence force.
5. A number of senior military person began victimization me because i brought a lawsuit against the state for the conduct of police officer in favour of the defendant. Female.
6. I made numerous complaint about the senior officers conduct and harassment into my ongoing court matter. Nothing was done about it and it continue.
7. The actions of the individuals become worst untill i felt my life was threaten within the defence force and requested to be discharged.
8. I was deniedbeing diacharge or to proceed on re settlement training course to be discharge after.
9. I wrote legally for the Minister of nations security intervention into the matter to allow me to leave the military because my life is being threaten.
10. Due to such neglience and lack of consideration into my concerns while in the military of these individuals. Causing more stress to my court matter and personal life. This resulting in me making a decision to leave the military aftering serving 15yrs. I have no other choice but to leave based on the continue inclusion into my court matters by these senior military person. By leaving.
1. I would be loosing income and a possible form of collection a pension after serving 20yrs. I join the military at age 20 and currently 35yrs. At my current rank my retirement age is 45yrs which would give me 25yrs service and enable me to collect a pension.
2. These individuals give me inlawful command where master quamina granted a court order to remove my son from me and make him a ward of the state. This decision was challegned and taken to the childrens high court. Advice was given not to hand over the child untill the cour hearing before justice gibson. This was given from the childrens high court.
3. I was told by a senior official from army as a order to hand the police my son as a army order.
4. I told them that the high court granted a injunction to stop such until the court hearing and that is wrong. I was told they dont care do it. I didnt follow such order.
5. On the date of the court hearing before justice gibson she noted that master quamina had no right to grant such order only a high court judge can do such which was not right. Also the police to order and the military person to give me that order. The order was overturned and dismissed.
This is just one of many cases of these military inclusion into my court matters.
I am seeking legal compensation hrough advise for these form of harassment that brought me to make my military career short and these threats and harassment into my court matters. I have documents to show my numerous complains report written about these individuals and incident of the unlawful order given to me
I can he reached at 332 4989 for further information if i have a case to persue thank you.
site_manager
June 30, 2020 at 10:44 pmHi Kevon,
Thank you for contacting us. To receive legal advice, please make an appointment at https://martingeorge.net/make-appointment or contact the office at 1868-624-7257 (Trinidad office) or 868-639-1809 (Tobago office) to speak to one of the lawyers about your matter.
site_manager
August 7, 2020 at 9:43 amHi Kevon,
You should book a consultation with one of our attorneys by making an appointment at https://martingeorge.net/make-appointment. Alternatively, you can contact the office at 1868-624-7257 (Trinidad office) or 868-639-1809 (Tobago office).
Kind Regards
Stephen Douglas
March 22, 2025 at 10:05 amGood day….I have a stalking matter coming up and I will like to know how to defend against false accusations and defaming my name and character
site_admin
March 24, 2025 at 1:49 pmGood Day Stephen,
Thank you for your interest in our article..
For further advice, you can book a consultation with one of the attorneys by making an appointment at https://martingeorge.net/v2/index.php/book-appointment/. Alternatively, you can contact both offices (Trinidad and Tobago) at 1868-624-4529.
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