Justice Kimberly Cenac-Phulgence delivered a ruling on Monday, declaring sure provisions of the Sexual Offenses Act in Dominica to be in violation of the nation’s structure.
The ruling got here as a victory for a petitioner described as a “homosexual man” who contested the laws criminalizing numerous sexual actions between consenting adults, particularly these involving same-sex companions.
Constitutional conflict
In her complete 40-page choice, Justice Cenac-Phulgence highlighted the conflict between sections 14 and 16 of the Sexual Offenses Act and Sections One and 10 of the Dominica Structure.
She underscored the infringement upon people’ rights to liberty as assured by the Structure.
Authorized problem
The petitioner, whose identification stays undisclosed, launched the authorized problem, arguing that the laws infringed upon quite a few rights safeguarded by the Dominica Structure.
– Commercial –
His authorized crew particularly focused sections 14 and 16 of the Sexual Offenses Act of their argument.
Sweeping laws
Part 14 of the Act encompasses a broad vary of behaviors categorized as gross indecency.
This consists of any non-penile-vaginal sexual act involving the genital organs, breasts, or anus geared toward arousing or satisfying sexual needs.
– Commercial –
The laws prescribes a most penalty of 12 years’ imprisonment for offenses dedicated with people aged 16 or older.
Criminalizing intimacy
Moreover, part 16 of the Act criminalizes buggery, outlined as anal intercourse between two males or between a person and a girl.
This provision carries a most penalty of 10 years’ imprisonment, together with the potential for pressured psychiatric confinement.
