LGBT rights in Dominica
|LGBT rights in Dominica|
|Same-sex sexual activity legal?||Illegal|
|10 years' imprisonment for buggery between men, 4 years' imprisonment for attempted buggery between men, 5 years' imprisonment for gross indecency. Convictions for buggery or attempted buggery can be accompanied by compulsory admission to a psychiatric hospital.|
Lesbian, gay, bisexual, and transgender (LGBT) persons in Dominica face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is illegal in Dominica.
Between 1995 and 2000, 35 people were arrested by local authorities and charged with buggery. The courts sentenced all the offenders to fines and prison sentences up to ten years. Some were sent to local psychiatric hospitals for treatment.
In 2001, 15 females were arrested for engaging in same-sex sexual acts, charged with the crime of gross indecency, and sentenced to five years' imprisonment. That same year, ten males were sentenced to five years' imprisonment for engaging in gross indecency with people of the same sex.
Laws regarding same-sex sexual activity
The Sexual Offenses Act 1998 has two sections dealing with same-sex sexual activity.
Section 14. (1) Any person who commits an act of gross indecency with another person is guilty of an offence and liable upon conviction to imprisonment for five years.
* * * *
(4) In this section, "gross indecency" is an act other than sexual intercourse (whether natural or unnatural) by a person involving the use of the genital organ for the purpose of arousing or gratifying sexual desire.
Section 16. (1) A person who commits buggery is guilty of an offence and liable upon conviction to imprisonment for -
(a) twenty-five years, if committed by an adult on a minor;
(b) ten years, if committed by an adult on another adult;
(c) five years, if committed by a minor;
and if the Court thinks it fit, the Court may order that the convicted person be admitted to a psychiatric hospital for treatment.
(2) Any person who attempts to commit the offence of buggery, or is guilty of an assault with intent to commit the same, is guilty of an offence and liable to imprisonment for four years, and, if the Court thinks it fit, the Court may order that the convicted person be admitted to a psychiatric hospital for treatment.
(3) In this section, "buggery" means sexual intercourse per anum by a male person with a male person....
- State Sponsored Homophobia: A world survey of laws criminalising same-sex sexual acts between consenting adults, The International Lesbian, Gay, Bisexual, Trans and Intersex Association, edited by Lucas Paoli Itaborahy, May 2012, page 58
- Sexual Offenses Act 1998, Parliament of the Commonwealth of Dominica
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