Dominica High Court lifts ban on consensual same-sex relations

Roseau, Dominica: The High Court of Dominica has become the fourth Eastern Caribbean country to lift the ban on consensual same-sex relations. The two sections of the country’s Sexual Offences Act (SOA) that criminalize same-sex intimacy have been overturned through the new judgment of the court.

Through these two sections, the person with the involvement in “buggery” had been punished with up to 10 years imprisonment. Even on the order of the court, the convicted person has been admitted to the psychiatric hospital for treatment.

In addition to that, the Sexual Offences Act also punished “Gross indecency” by sanctioning the person with up to five year’s imprisonment.  These two provisions were taken from British colonial law and used to take action against the LGBTQ community.

The judgment was given by Justice Kimberly Cenac-Phulgenace, who stated that the breach of the right to liberty, freedom of expression, and protection of personal privacy has been taking place, which is totally against the constitutions of the country.

The issue came to light after an anonymous person went to the court and stated that the laws had condemned him “to live in constant fear of criminal sanction for engaging in consensual sexual activity.” He argued that the laws have been following violent conduct against him and other LGBT persons.

He stressed that due to all these provisions, he started preventing himself from living freely and with dignity, which is not correct. The ruling was the result of the efforts by local and regional civil society groups who challenged anti-LGBT legislation in the Eastern Caribbean.

Other three countries that are on the list of decriminalizing gay sex include Antigua and Barbuda, St Kitts and Nevis and Barbados. Notably, the Belize Supreme Court was the first in the Anglophone Caribbean to make the laws that put a ban on same-sex intimacy unconstitutional in 2016, and the high court of Trinidad and Tobago followed suit in 2018.

Netizens’ Reactions

Several LGBTQ authorities across the Caribbean extended gratitude to the High Court for taking the step and said that this is great for the protection of human rights. One mentioned that this colonial-era homophobic law should be revoked through legal action as it could harm the dignity of any person.

One added that this is unconstitutional as every citizen has their right to live their life freely and without any fear which could not be harmed and questioned with any kind of law.