Saint Kitts and Nevis (Photo: Nesnad at English Wikipedia) In an advance for equality in the Caribbean, the High Court of Justice in St.
Kitts and Nevis has struck down the colonial-era criminalisation of homosexuality. Justice Trevor M. Ward QC found that sections 56 and 57 of the Offences Against the Person Act, known as the buggery laws, contravene the constitutionally guaranteed rights to freedom of expression and protection of personal privacy.
Although custodial sentences are rarely imposed, those convicted under these laws can face imprisonment for up to ten years. “The absolute nature of the prohibition created by sections 56 and 57 are not reasonably justified in a democratic society in circumstances where they proscribe sexual acts between consenting adults in private, which involve no element of public conduct or harm to, or sexual acts, with minors,” wrote Judge Ward in the decision.
Following a similar ruling in Antigua and Barbuda delivered on 27 June, the buggery 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.
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