The Offence of Harassment in Trinidad and Tobago
Under the law of Trinidad and Tobago, harassment is a criminal offence. Sections 30A to 30E of the Offences Against the Person Act, Chapter 11:08, as amended by the Offences Against the Person (Amendment) (Harassment) Act 2005, criminalise a course of conduct on at least two occasions which alarms or causes another person distress. The base offence carries a fine of $2,000 and six months' imprisonment; harassment that puts the complainant in fear of violence carries a fine of up to $10,000 and ten years' imprisonment.
1. What Is Harassment Under Trinidad and Tobago Law?
Harassment is a course of conduct directed at another person, on at least two occasions, which alarms that person or causes them distress, and which the offender knows or ought to know amounts to harassment. It is not a single act — it is a pattern. The harassment provisions of the Offences Against the Person Act, Chapter 11:08 were inserted by the Offences Against the Person (Amendment) (Harassment) Act 2005, which Parliament enacted to fill a gap in our criminal law. Before 2005, victims of stalking and persistent unwanted contact often had to rely on indirect remedies — assault, breach of the peace, or a civil injunction — none of which captured the harm of sustained psychological pressure.
The statute lists the kinds of conduct that may amount to harassment, including:
- following the person, or making visual recordings of the person
- watching, loitering near, or hindering access to the person's residence, workplace, or any place the person frequents
- entering property occupied by the person, or interfering with property in their possession
- making contact with the person, whether by gesture, the spoken or written word, the telephone, electronic communication, or any other means
- 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
The list is not exhaustive. Any conduct of similar character — repeated, unwanted, distressing — may qualify if it is shown that the offender knew or ought to have known it amounted to harassment.
2. What Are the Elements the Prosecution Must Prove?
To secure a conviction under section 30A, the prosecution must prove four elements beyond reasonable doubt:
- A course of conduct. The conduct must have occurred on at least two occasions. A single incident, however unpleasant, is not harassment under section 30A — though it may attract liability under other statutes.
- Directed at another person. The conduct must be aimed at, or affect, an identified person.
- Alarming or causing distress. The course of conduct must in fact cause the complainant to feel alarm or distress, judged on the evidence.
- Knowledge — actual or constructive. The accused must know, or ought to know, that the conduct amounts to harassment. The "ought to know" test is objective: the question is whether a reasonable person in possession of the same information would have realised that the conduct amounted to harassment. Wilful ignorance is no defence.
In practice, many of the prosecutions we see in the Magistrates' Court turn on the second and fourth elements. Defendants frequently argue either that the messages or visits were innocuous, or that they did not appreciate that their conduct was distressing. The objective standard built into section 30A is designed precisely to defeat that second argument: the law does not require a confession of intent.
3. What Are the Penalties for Harassment?
The penalties scale with the seriousness of the conduct. There are two distinct offences and three sentencing tiers.
| Offence | Statutory provision | Maximum penalty |
|---|---|---|
| Harassment (course of conduct alarming or causing distress) | Offences Against the Person Act, Chap. 11:08, section 30A | Fine of $2,000 and imprisonment for 6 months |
| Harassment putting another in fear of violence — summary conviction | Offences Against the Person Act, Chap. 11:08, section 30B | Fine of $5,000 and imprisonment for 6 months |
| Harassment putting another in fear of violence — conviction on indictment | Offences Against the Person Act, Chap. 11:08, section 30B | Fine of $10,000 and imprisonment for 10 years |
The aggravated offence under section 30B requires proof of an extra element: that the course of conduct caused the complainant to fear, on at least two occasions, that violence would be used against them, and that the accused knew or ought to have known that the conduct would cause that fear. This is the offence that captures stalking conduct in its most serious form — repeated threats, persistent presence outside the complainant's home, or escalating messages of a violent nature.
A court that convicts under either section 30A or section 30B is not limited to a fine and imprisonment. Section 30D allows the court, in addition, to make a protection order; section 30E allows the court to make a compensation order. These are powerful tools and are addressed below.
4. What Are the Statutory Defences to a Charge of Harassment?
Section 30C sets out the statutory defences. A person charged under section 30A or 30B is not guilty if they prove, on a balance of probabilities, that the course of conduct was:
- Pursued for the purpose of preventing or detecting crime. This protects, for example, private investigators or members of the public who keep records of suspected criminal conduct directed at them.
- Pursued under any written or unwritten law, or to comply with any condition or requirement imposed by any person under any law. This protects, for example, journalists carrying out lawful investigative work, debt collectors operating within statutory bounds, or process servers.
- Reasonable in the particular circumstances. This is the catch-all defence and is fact-specific. The court will weigh the conduct against its purpose, the relationship between the parties, and what a reasonable person would consider proportionate.
The burden of proof of each defence rests on the accused. The standard is the civil standard — balance of probabilities — not the criminal standard. This is the usual position for statutory defences in T&T criminal law.
In practice, the "reasonable in the circumstances" defence is the most heavily contested. It does not give a former partner licence to repeatedly contact the complainant in the hope of reconciliation. It does not give a creditor licence to call a debtor 30 times in a day. The reasonableness inquiry looks at the proportion between the conduct and its claimed legitimate purpose, and at whether the conduct continued after a clear request to stop.
5. What the Law Says in Trinidad and Tobago
The criminal offence of harassment in Trinidad and Tobago is governed primarily by sections 30A to 30E of the Offences Against the Person Act, Chapter 11:08, as inserted by the Offences Against the Person (Amendment) (Harassment) Act 2005. Several other statutes overlap with the harassment provisions and are routinely engaged in the same factual situations.
Statutes governing harassment and related conduct in T&T
| Statute | Reference | Relevance |
|---|---|---|
| Offences Against the Person Act | Chap. 11:08, ss. 30A–30E | Core criminal offence of harassment; harassment causing fear of violence; defences; protection and compensation orders |
| Domestic Violence Act | Chap. 45:56 | Civil protection orders against harassment and molestation by a spouse, household member, or dependant; psychological and emotional abuse expressly included |
| Sexual Offences Act | Chap. 11:28 | Captures conduct that crosses the line into sexual touching, indecent exposure, or other sexual offences |
| Equal Opportunity Act | Chap. 22:03 | Workplace and service-provision sexual harassment is actionable as discrimination on the ground of sex, on the strength of a Court of Appeal ruling |
| Summary Offences Act | Chap. 11:02 | Catches incidental conduct — obscene language, breach of the peace, annoyance to residents — even where the section 30A "course of conduct" threshold is not met |
The current position is unambiguous: a person who repeatedly subjects another to unwanted contact, surveillance, or messaging in Trinidad and Tobago commits a criminal offence under section 30A of the Offences Against the Person Act. If the conduct causes the complainant to fear violence, it is a more serious offence under section 30B. The court has additional power to make protection orders, and parallel civil proceedings under the Domestic Violence Act are available where the parties are spouses, household members, or dependants.
A note on cyber-harassment
Trinidad and Tobago does not yet have a dedicated cybercrime statute in force. The Cybercrime Bill, which has been before Parliament in successive iterations since 2014, would create a specific offence of harassment by electronic means with intent to cause emotional distress, carrying penalties up to $250,000 and five years' imprisonment on indictment. Until that Bill is passed and proclaimed, online harassment is prosecuted under section 30A of the Offences Against the Person Act, which expressly extends to harassment "by electronic communication." The 2005 amendment was forward-looking enough to capture WhatsApp messages, email, and social-media conduct — but the absence of a dedicated cybercrime regime leaves gaps around investigative powers, jurisdiction, and platform cooperation that the Bill is intended to address.
6. How Does the Domestic Violence Act Overlap with the Harassment Offence?
A very large proportion of harassment situations in Trinidad and Tobago arise between spouses, former spouses, cohabitants, or members of the same household. Where that is the case, the complainant has a parallel civil remedy under the Domestic Violence Act, Chapter 45:56.
The Domestic Violence Act defines "domestic violence" widely. It includes physical, sexual, emotional, psychological, and financial abuse committed by a person against a spouse, child, or any other member of the household or dependant. The Act expressly contemplates conduct of an "offensive or harassing nature" as a basis for the grant of a protection order.
A magistrate exercising the jurisdiction conferred by the Act may make a protection order prohibiting the respondent from:
- harassing or molesting the applicant
- being on the premises in which the applicant resides or works
- being in a locality in which those premises are situated
- making any communication with the applicant — direct, electronic, or through a third party
A protection order under the Domestic Violence Act may be made for such period as the court considers necessary, but not exceeding three years. A breach of the order is itself a criminal offence and exposes the respondent to immediate arrest. The Act also makes provision for interim ex parte orders where the urgency of the situation justifies relief without notice to the respondent.
In practice, where the parties fall within the relationships covered by Chapter 45:56, an application for a protection order is usually faster, cheaper, and more flexible than a private complaint under section 30A. Many complainants pursue both: the magistrate's protection order to stop the conduct now, and a section 30A prosecution to secure a criminal conviction.
7. What Is a Protection Order Under the Offences Against the Person Act?
The protection order under section 30D of the Offences Against the Person Act, Chapter 11:08 is a separate creature from the protection order under the Domestic Violence Act. It is made only after a conviction under section 30A or 30B, by the same court that imposes sentence. A section 30D order:
- directs the convicted person to stop engaging in the prohibited conduct
- may regulate any continuing contact between the parties
- may set conditions on the convicted person's movement near the complainant's home, workplace, or other relevant locations
Breach of a section 30D order is itself an offence and may be punished separately. The section 30D order can be tailored to the specific facts of the case far more flexibly than the boilerplate conditions of a Domestic Violence Act protection order, because the criminal court has had the benefit of a full evidential hearing.
The court may also, under section 30E, make a compensation order in favour of the complainant. Compensation may include provision for:
- loss of earnings caused by the harassment
- medical and counselling expenses
- moving and accommodation expenses, where the complainant has had to relocate
- reasonable legal costs of any related civil proceedings
A section 30E order is a useful supplement to any civil claim for damages and avoids the cost and delay of a separate action.
8. What Should You Do If You Are Being Harassed in Trinidad and Tobago?
The practical steps a complainant should take, in order, are:
- Document the conduct. Keep a contemporaneous log: dates, times, places, witnesses, the substance of each contact, and screenshots of every message. The "two occasions" threshold and the "course of conduct" element of section 30A are evidential questions that turn on the quality of the record.
- Communicate, once, that the contact is unwanted. A clear, written request to stop strengthens the prosecution's case on the "knows or ought to know" element. After that request, do not engage further — repeated responses can undermine the picture of distress.
- Report to the police. Make a formal report at the nearest station of the Trinidad and Tobago Police Service. Bring your log and copies of any messages. The matter will normally be investigated by the relevant station's officers, who may then lay an information for an offence under section 30A or 30B.
- Apply for a protection order if a domestic relationship exists. If you and the alleged offender are spouses, former spouses, household members, or dependants, an application under the Domestic Violence Act, Chap. 45:56 can be made to the Magistrates' Court immediately, and an interim ex parte order can be granted in cases of urgency.
- Consider a civil injunction. Where the conduct does not fit neatly into a domestic violence application but is nevertheless serious, a civil application to the High Court of Trinidad and Tobago for an injunction restraining the harassment can be made — separately from, and in addition to, any criminal complaint.
- Preserve electronic evidence. Do not delete messages. Take full screenshots showing the sender, timestamp, and platform. Where threats are made by phone, request itemised call records from your service provider as soon as possible, while they are still retained.
9. Frequently Asked Questions
What is the legal definition of harassment in Trinidad and Tobago?
Harassment in Trinidad and Tobago is defined by section 30A of the Offences Against the Person Act, Chap. 11:08 as a course of conduct on at least two occasions which alarms a person or causes them distress, and which the offender knows or ought to know amounts to harassment. The conduct can include following, watching, contacting, or sending messages to the person — including by telephone or electronic means. A single incident, no matter how unpleasant, does not meet the definition; there must be at least two occasions forming a course of conduct.
Is one threatening message enough to bring a harassment charge?
No. The section 30A offence requires a course of conduct on at least two occasions. A single threatening message is not harassment under the Offences Against the Person Act. However, a single message containing a threat may be prosecuted under other statutes — for example, as assault by threat, or under the Summary Offences Act, Chap. 11:02 where the language used is obscene, indecent, or likely to provoke a breach of the peace. If the message is sent in a domestic relationship covered by the Domestic Violence Act, Chap. 45:56, an application for a protection order can also be made on the strength of a single sufficiently serious incident.
Can I be prosecuted for harassment by text or WhatsApp in Trinidad and Tobago?
Yes. Section 30A of the Offences Against the Person Act, Chap. 11:08 expressly captures making contact "by the telephone, electronic communication, or any other means." Repeated, unwanted text messages, WhatsApp messages, calls, or social-media contact may all constitute harassment if they meet the course of conduct, distress, and knowledge requirements. Trinidad and Tobago does not yet have a dedicated cybercrime statute in force, so online harassment is currently prosecuted under section 30A.
What is the maximum penalty for harassment in T&T?
For a base offence of harassment under section 30A, the maximum penalty is a fine of $2,000 and imprisonment for six months. For the aggravated offence under section 30B — harassment that causes the complainant to fear violence — the maximum penalty on summary conviction is a fine of $5,000 and six months' imprisonment, and on conviction on indictment a fine of $10,000 and imprisonment for ten years. The court may also make a protection order under section 30D and a compensation order under section 30E.
What is the difference between a Domestic Violence Act protection order and a section 30D protection order?
A protection order under the Domestic Violence Act, Chap. 45:56 is a civil order that may be applied for by a person in a domestic relationship with the respondent — spouse, former spouse, household member, or dependant — without any prior criminal conviction, and may be granted on an interim ex parte basis in urgent cases. It lasts for a period set by the court, not exceeding three years. A protection order under section 30D of the Offences Against the Person Act, Chap. 11:08 is different: it can only be made after a criminal conviction under section 30A or 30B and is imposed as part of the sentence. The two regimes can run in parallel.
Does sexual harassment in the workplace fall under the same law?
Not principally. Workplace sexual harassment in Trinidad and Tobago is primarily addressed under the Equal Opportunity Act, Chap. 22:03, following a Court of Appeal ruling that sexual harassment can amount to actionable discrimination on the ground of sex. A complaint may be lodged with the Equal Opportunity Commission within six months of the alleged incident, after which the matter may be referred to the Equal Opportunity Tribunal. Where the conduct also meets the course of conduct standard of section 30A, or crosses into sexual touching captured by the Sexual Offences Act, Chap. 11:28, criminal prosecution can run in parallel with the discrimination complaint.
Can a court order the harasser to pay me compensation?
Yes. Under section 30E of the Offences Against the Person Act, Chap. 11:08, a court that convicts a person under section 30A or 30B may make a compensation order in favour of the complainant. The compensation order may cover loss of earnings caused by the harassment, medical and counselling expenses, the cost of relocating, and the reasonable legal costs of any related civil proceedings. This is in addition to any civil claim the complainant may bring for damages.
Is harassment a recordable criminal conviction in T&T?
Yes. A conviction under section 30A or 30B of the Offences Against the Person Act, Chap. 11:08 is a criminal conviction. It will appear on a person's criminal record and may be disclosed in police certificates of good character, with consequent implications for employment, professional licensing, and travel.
About the Author
Written by Martin George, Attorney-at-Law. Martin George is the founder and principal attorney of Martin George & Company, with more than 35 years of active legal practice in the courts of Trinidad and Tobago. He is a former Commissioner on the Law Reform Commission of Trinidad and Tobago and a member of the Prime Minister's Constitutional Committee for Internal Self-Government for Tobago. This article is published for general information and public legal education. It does not constitute legal advice. For advice on your specific situation, contact Martin George & Company.
Last reviewed: April 2026