Roseau, Dominica – April 22, 2024
In a groundbreaking decision, the Dominica High Court has declared sections 14 and 16 of the Sexual Offences Act unconstitutional, effectively decriminalizing consensual homosexual sex in the country.
The ruling, issued via Zoom, follows a legal battle initiated by a gay man in 2022, who sought to challenge the legality of provisions within the Sexual Offences Act that criminalized same-sex activities.
Supported by (MiRiDom) and the HIV Legal Network, the claimant argued that sections 14 and 16, which prohibited sexual activity between consenting partners of the same sex, violated fundamental human rights and perpetuated discrimination and violence against the LGBT+ community in Dominica.
The decision marks a significant victory for human rights advocates and the LGBT+ community, paving the way towards greater acceptance and equality in Dominica.
Sections 14 and 16 of the Sexual Offences Act, originally enacted in 1873 during British colonial rule, have been a subject of controversy and contention over the years. The claimant highlighted facing “discrimination, hostility, and horrific violence” due to his sexual orientation.
Legal representatives, including Cara Shillingford representing the claimants, battled against the Attorney General’s Office defending the legislation. Additionally, Joelle Harris represented the Bishop of Roseau (Catholic Church) and the Anglican Church, while Joshua Francis represented the Dominica Association of Evangelical Churches as intervening parties.
The ruling signifies Dominica’s alignment with global efforts towards recognizing and upholding the rights of same-sex individuals to engage in consensual sexual activities without fear of prosecution.
