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(St. John’s, Tuesday, 05 July, 2022) The High Court of Justice for Antigua and Barbuda today declared the laws which criminalise consensual, private sexual acts between persons above the age of consent to be unconstitutional. The Honourable Justice Marissa Robertson held that sections 12 and 15 of the Sexual Offences Act 1995, known as the buggery and serious indecency offences, contravene the Constitutionally guaranteed rights to liberty, protection of the law, freedom of expression, protection of personal privacy and protection from discrimination on the basis of sex.

As of today, these laws have been declared void to the extent that they apply to persons above the age of consent who engage consensually and in private in the sexual acts described. The offences of buggery and serious indecency continue to be in force in circumstances where the sexual acts are not consensual or involve minors below the age of consent.

The Eastern Caribbean Alliance for Diversity and Equality (ECADE) welcomes this outcome to  the litigation launched in 2020, as part of a five-country legal challenge to these invasive and unconstitutional remnants of colonial law. ECADE, recognises all lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI) people in Antigua and Barbuda, whose lives, livelihoods and happiness are no longer compromised by these outdated laws.

Executive Director of ECADE, Kenita Placide says, “The process of litigation is important, as it underscores how these laws contribute to the stigmatisation of LGBTQI people, how they legitimise hate speech, discrimination and violence and tears at the fabric of our society. Our governments have sworn to protect and uphold the rights of all and act in a manner that promotes the prosperity and well-being of all. This judgment is in keeping with this commitment.”

Alexandrina Wong, a fierce advocate and Executive Director of Women Against Rape (WAR) adds, “The journey was long and challenging but we made it working together. May we continue to challenge and overcome the harmful beliefs and practices that hinder the full rights, dignity and freedom of people everywhere. This will open up new avenues for the people of Antigua  and Barbuda to work together toward greater equality, as we are not for the first time talking about LGBTQ+ people as criminals.”

The litigation challenged these laws which are used not only to police sexuality but also create stigma and promote discrimination against individuals who are perceived to be members of the LGBTQ+ community. The Constitutional challenge highlighted how these outdated and ineffective laws serve only to maintain anti-gay sentiment that, according to recent attitudes surveys, are representative of fewer and fewer Caribbean people. Yet, these laws have been weaponised, based on unfounded and unproven fears, against LGBTQ+ people.

This landmark decision from Antigua and Barbuda confirms the country’s commitment to upholding human rights for all of its citizens. It is an important step towards protecting the rights of LGBTQ+ people across the Eastern Caribbean. 

Further, this reinforces for all Antiguans, the right to privacy, dignity, freedom of expression and association. We note the positive impact especially for marginalised communities such as people living with disabilities and people living in poverty.

Our partners include a team of Caribbean lawyers and the Faculty of Law UWI Rights Advocacy Project (U-RAP). The legal team is led by Queen’s Counsel Douglas Mendes SC with Nadia Chiesa, assisted by Andrew O’Kola who acts as the counsel of record and Veronica S. P. Cenac, who is also the technical lead on the five-country strategy.  

Adult, consensual, same-sex intimacy remains criminalised in seven Caribbean countries, all of which are members of the Commonwealth. Discriminatory Sexual Offences Laws and Criminal Codes in the islands date back to the British colonial era, and unfairly target LGBTQ+ people. Although custodial sentences are rarely imposed, those convicted under these laws can face sentences ranging from ten years to life imprisonment. Other constitutional challenges in Barbados, Saint Kitts and Nevis and Saint Lucia, are expected to be concluded before the end of 2022.