High Court strikes down buggery laws among consenting adults

ROSEAU (CMC):

High Court Judge Justice Kimberly Cenac-Phulgence, Monday ruled that sections of the Sexual Offenses Act contravene the Dominica Constitution as she ruled in favour of a “gay man” who challenged legislations that criminalise buggery and other sexual activity between consenting partners, including, and in particular, partners of the same sex.

In a 40-page ruling, the judge said that sections 14 and 16 of the Sexual Offenses Act contravene sections 1 and 10 of the Dominica Constitution and their rights to liberty as enshrined in the constitution

The un-named ‘gay man’ had brought the lawsuit, claiming that the law violates “numerous rights guaranteed in the Constitution of Dominica”, with his lawyers making particular reference to sections 14 and 16 of the Sexual Offenses Act.

Section 14 is a sweeping law criminalising gross indecency which is defined as any act (other than penile-vaginal sex) by anyone “involving the use of the genital organs, breast or anus to arouse or gratifying sexual desire”.

The maximum penalty is 12 years in prison, if the act is committed with a person age 16 or older, while section 16 of the Act criminalises buggery, which the act defines as anal sex between two men or between a man and a woman.

The maximum penalty is 10 years’ imprisonment plus the possibility of forced psychiatric confinement.