Americas

State

Domestic law[*]

Penalty

Ratified

International Covenant on Civil and Political Rights (ICCPR)[†]

Ratified

Optional Protocol to the ICCPR[†]

Antigua and Barbuda

Article 12: Buggery

“(1) A person who commits buggery is guilty of an offence and is liable on conviction to imprisonment –

(a) for life, if committed by an adult on a minor;

(b) for fifteen years, if committed by an adult on another adult;

(c) for five years, if committed by a minor.

(2) In this section “buggery” means sexual intercourse per anum by a male person with a male person or by a male person with a female person.”

(a) life if committed by an adult on a minor;

(b) 15 years if committed by an adult on another adult;

(c) 5 years if committed by a minor.

–

–

“(1) A person who commits an act of serious indecency on or towards another is guilty of an offence and is liable on conviction to imprisonment –

(a) for ten years, if committed on or towards a minor under sixteen years of age;

(b) for five years, if committed on or towards a person sixteen years of age or more,

(2) Subsection (1) does not apply to an act of serious indecency committed in private between –

(a) a husband and his wife; or

(b) a male person and a female person each of whom is sixteen years of age or more;

(3) An act of “serious indecency” is an act, other than sexual intercourse (whether natural or unnatural), by a person involving the use of genital organ for the purpose of arousing or gratifying sexual desire.”

(b) 5 years if committed on or towards a person sixteen years of age or more.

Barbados

Chapter 154

Section 9: Buggery

“Any person who commits buggery is guilty of an offence and is liable on conviction on indictment to imprisonment for life.

5 Jan 1973

5 Jan 1973

“(1) A person who commits an act of serious indecency on or towards another or incites another to commit that act with the person or with another person is guilty of
an offence and, if committed on or towards a person 16 years of age or more or if the person incited is of 16 years of age or more, is liable on conviction to imprisonment for a term of 10 years.

(2) A person who commits an act of serious indecency with or towards a child under the age of 16 or incites the child under that age to such an act with him or another, is guilty of an offence and is liable on conviction to imprisonment for a term of 15 years.

(3) An act of “serious indecency” is an act, whether natural or unnatural by a person involving the use of the genital organs for the purpose of arousing or gratifying sexual desire.”

Imprisonment for 15 years

Dominica

Section 14: Gross Indecency


“(1) Any person who commits an act of gross indecency with another person is guilty of an offence and liable on conviction to imprisonment for five years.

(2) Subsection (1) does not apply to an act of gross indecency committed in private between an adult male person and an adult female person, both of whom consent.

(3) For the purposes of subsection (2) –
an act shall be deemed not to have been committed in private if it is committed in a public place; and
 a person shall be deemed not to consent to the commission of such an act if –
the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent representations as to the nature of the act;

the consent is induced by the application or administration of any drug, matter or thing with intent to intoxicate or stupefy the person; or
that person is, and the other party to the act knows or has good reason to believe that the person is suffering from a mental disorder.

(4) In this section “gross indecency” is an act other than sexual intercourse (whether natural or unnatural) by a person involving the use of genital organs for the purpose of arousing or gratifying sexual desire.”

17 Jun 1993

–

(b) 10 years if committed by an adult on another adult;

(c) 5 years if committed by a minor

Admission to a psychiatric hospital if ordered by a court

(2) Imprisonment for 4 years

Admission to a psychiatric hospital is ordered by a court

Grenada

Article 431

“If any two persons are guilty of unnatural connexion, or if any person is guilty of an unnatural connexion with any animal, every such person shall be liable to imprisonment for ten years”.

6 Sep 1991

–

Guyana

Section 352: Committing acts of gross indecency with male person

“Any male person, who in public or private, commits, or 
is a party to the commission, or procures or attempts to procure the commission, by any male person, of an act of gross indecency with any other male person shall be guilty of misdemeanour and liable to imprisonment for two years.”

15 Feb 1977

5 Jan 1999

“Everyone who –

(a) attempts to commit buggery; or

(b) assaults any person with the intention to commit buggery; or

(c) being a male, indecently assaults any other male person, shall be guilty of felony and liable to imprisonment for ten years.”

“Everyone who commits buggery, either with a human being or with any other living creature, shall be guilty of felony and liable to imprisonment for life.”

Jamaica

Article 76: Unnatural Crime

“Whosoever shall be convicted of the abominable crime of buggery [anal intercourse] committed either with mankind or with any animal, shall be liable to be imprisoned and kept to hard labour for a term not exceeding ten years.”

3 Oct 1975

–

“Whosoever shall attempt to commit the said abominable crime, or shall be guilty of any assault with intent to commit the same, or of any indecent assault upon any male person, shall be guilty of a misdemeanour, and being convicted thereof shall be liable to be imprisoned for a term not exceeding seven years, with or without hard labour.”

Article 78: Proof of Carnal Knowledge

“Whenever upon the trial of any offence punishable under this Act, it may be necessary to prove carnal knowledge, it shall not be necessary to prove the actual emission of seed in order to constitute a carnal knowledge, but the carnal knowledge shall be deemed complete upon proof of penetration only.”

“Any male person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be guilty of a misdemeanor, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for a term not exceeding 2 years, with or without hard labour.”

Saint Kitts and Nevis

The Revised Laws prescribe terms of imprisonment
 of up to ten years, with or without hard labor, upon conviction for engaging in anal sex, described as “the abominable crime of buggery.”

–

–

Saint Lucia

Section 132: Gross indecency

“(1) Any person who commits an act of gross indecency with another person commits an offence and is liable on conviction on indictment to imprisonment for ten years or on summary conviction to five years.

(2) Subsection (1) does not apply to an act of gross indecency committed in private between an adult male person and an adult female person, both of whom consent.

(3) For the purposes of subsection (2) —

(a) an act shall be deemed not to have been committed in private if it is committed in a public place; and

(b) a person shall be deemed not to consent to the commission of such an act if —

(i) the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent representations as to the nature of the act;

(ii) the consent is induced by the application or administration of any drug, matter or thing with intent to intoxicate or stupefy the person; or

(iii) that person is, and the other party to the act knows or
has good reason to believe that the person is suffering from a mental disorder.

(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 organs for the purpose of arousing or gratifying sexual desire.”

–

–

“(1) A person who commits buggery commits
an offence and is liable on conviction on indictment to imprisonment for —

(a) life, if committed with force and without the consent of the other person;

(b) ten years, in any other case.

Saint Vincent & The Grenadines

Section 146


“Any person who —

(a) commits buggery with any other person;

(b) commits buggery with an animal; or

(c) permits any person to commit buggery with him or her; is guilty of an offence and liable to imprisonment for ten years.”

9 Nov 1981

9 Nov 1981


“Any person, who in public or private, commits an act of gross indecency with another person of the same sex, or procures or attempts to procure another person of the same sex to commit an act of gross indecency with him or her, is guilty of an offence and liable to imprisonment for five years.”