Justice Kimberly Cenac-Phulgence delivered a ruling on Monday, declaring certain provisions of the Sexual Offenses Act in Dominica to be in violation of the country’s constitution.
The ruling came as a victory for a petitioner described as a “gay man” who contested the legislation criminalizing various sexual activities between consenting adults, especially those involving same-sex partners.
Constitutional clash
In her comprehensive 40-page decision, Justice Cenac-Phulgence highlighted the clash between sections 14 and 16 of the Sexual Offenses Act and Sections One and 10 of the Dominica Constitution.
She underscored the infringement upon individuals’ rights to liberty as guaranteed by the Constitution.
Legal challenge
The petitioner, whose identity remains undisclosed, launched the legal challenge, arguing that the legislation infringed upon numerous rights safeguarded by the Dominica Constitution.
His legal team specifically targeted sections 14 and 16 of the Sexual Offenses Act in their argument.
Sweeping legislation
Section 14 of the Act encompasses a broad range of behaviors categorized as gross indecency.
This includes any non-penile-vaginal sexual act involving the genital organs, breasts, or anus aimed at arousing or satisfying sexual desires.
The legislation prescribes a maximum penalty of 12 years’ imprisonment for offenses committed with individuals aged 16 or older.
Criminalizing intimacy
Furthermore, section 16 of the Act criminalizes buggery, defined as anal intercourse between two men or between a man and a woman.
This provision carries a maximum penalty of 10 years’ imprisonment, along with the potential for forced psychiatric confinement.
