The Eastern Caribbean Supreme Court (ECSC) Monday upheld a motion by Jamal Jeffers, a self-described gay man challenging the constitutionality that Sections 56 and 57 of the Offences Against the Person Act, criminalize buggery and indecent assault against males, respectively.
Jeffers, a citizen of St. Kitts-Nevis as well as the second claimant, St. Kitts and Nevis Alliance for Equality (SKNAFE), had in a motion dated January 28 last year, sought declarations that Sections 56 and Section 57 of the Act contravene the constitutional rights enshrined in Sections 3, 7, 12 and 15 of the Constitution of the twin island federation.
They argued that as a result, those sections of the Offences Against the Person Act are null and void and of no force and effect to the extent that it applies to consensual sexual intercourse in private between persons 16 years of age or more.
In his ruling, High Court judge, Justice Trevor M. Ward said Section 56 of the Offences Against the Person Act, contravenes Sections 3 and 12 of the Constitution “namely, the right to protection of personal privacy and the right to freedom of expression, and, as such, is null and void and of no force and effect to the extent that it criminalizes any acts constituting consensual sexual conduct in private between adults”.
The judge also Section 57 of the Act also contravenes the Constitution “namely the right to protection of personal privacy and the right to freedom of expression, and, as such, is null and void and of no force and effect to the extent that it criminalizes any acts constituting consensual sexual conduct in private between adults.
“For the purpose of giving effect to the declaration …Section 56 of the Act shall be read as if the words “This section shall not apply to consensual sexual acts between adults in private” were added at the end of the section.
The state had submitted that the matter to which Sections 56 and 57 pertain “is still a sensitive issue in this society.
The attorneys for the attorney general had argued that the extent to which these sections should apply to children, the protections, and defenses which a legislature may put in place are issues that are likely to attract a high degree of scrutiny and much debate in society.
They said the matters engage policy issues concerning health and education and the social and cultural values of the society as a whole.
But in his ruling, Justice Ward said he “respectfully disagree.
CMC/
