Dominica High Court Legalises Same-Sex Conduct

The High Court of Dominica overturned its law banning consensual same-sex activity on Tuesday April 23rd, deeming the legislation as unconstitutional.

An anonymous Dominican man brought the case to the High Court in 2019, stating that he felt extremely unsafe with these laws in place, stating that he suffered physical and sexual assaults as a result of them.

Dominica’s Sexual Offences Act previously banned all same-sex activity, and even anal sex between heterosexual couples. The penalty for all offences carried a 12 year prison sentence, and potential compulsory psychiatric treatment.

Justice Kimberly Cenac-Phulgence wrote in her ruling that the court found that the Sexual Offences Act “contravenes… the right to liberty, freedom of expression and the protection of personal privacy” of people in Dominica. 

The change in legislation was celebrated by LGBTQ+ activists worldwide. The Eastern Caribbean Alliance for Diversity and Equality saying that the ruling was “A win for liberty, expression and privacy”, and Stonewall UK declared it as “a critical moment for LGBTQ+ rights in the Caribbean.”  

‼ Breaking News‼ Court backs LGBTQ+ rights in Dominica! A win for liberty, expression, and privacy. Progress for equality and human rights. ECADE has outstanding litigation against anti-LGBTQ+laws in Saint Lucia & Grenada. #EqualityWins #LGBTQRights #DominicaProgress pic.twitter.com/N8t0pg0WnA

— ECADE (@EC_Equality) April 22, 2024

Laws criminalising homosexuality were imposed on a number of countries in the Caribbean during British colonial rule in the 19th century. The Sexual Offences Act was formalised in 1998 and used to punish homosexuality on the basis of ‘buggery.’ 

Though a number of countries in the region have ruled to make homosexuality legal, countries like Grenada, Jamaica and the Grenadines (where it was ruled recently that homosexuality would stay illegal) are yet to introduce these reforms.