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  • Title: Penal Code (Ordinance No. 12 of 1983), 1 July 1984.
    Author: Montserrat.
    Journal: Annu Rev Popul Law; 1987; 14():320-30. PubMed ID: 12346690.
    Abstract:
    This document contains provisions of the 1984 Penal Code of Montserrat relating to sexual offenses, abortion, offenses relating to marriage, homicide and other offenses against the person, and neglect endangering life or health. Part 8 of the Code holds that a man found guilty of raping a woman is liable to life imprisonment. Rape is deemed to involve unlawful (extramarital) sexual intercourse with a woman without her consent (this is determined if the rape involved force, threats, administration of drugs, or false representation). The Code also defines offenses in cases of incest, child abuse, prostitution, abduction, controlling the actions and finances of a prostitute, and having unlawful sexual intercourse with a mentally defective woman. Part 9 of the Code outlaws abortion unless it is conducted in an approved establishment after two medical practitioners have determined that continuing the pregnancy would risk the life or physical/mental health of the pregnant woman or if a substantial risk exists that the child would have serious abnormalities. Part 10 outlaws bigamy, and part 12 holds that infanticide performed by a mother suffering postpartum imbalances can be prosecuted as manslaughter. This part also outlaws concealment of the body of a newborn, whether that child died before, at, or after birth, and aggravated assault on any child not more than 14 years old. Part 12 makes it an offense to subject any child to neglect endangering its life or health.
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