Today, in a major win for human rights — and LGBTQ+ rights, in particular —, the High Court of Justice in Dominica struck down two sections of the country’s Sexual Offences Act (SOA) that criminalize same-sex intimacy.
This welcome decision in the constitutional challenge, launched by a gay man who must remain anonymous for his safety and supported by MiRiDom and the HIV Legal Network, was announced today in Roseau, more than a year and a half after the hearing. This is a historic day for LGBTQ+ people in Dominica and around the world. Under sections 14 and 16 of the SOA, sexual activity between consenting partners of the same sex were prohibited — offences that were first enacted in 1873, when Dominica was under British colonial rule. A conviction under section 14 of the SOA could result in a sentence of 12 years’ imprisonment and a conviction under section 16 of the SOA could result in a sentence of 10 years’ imprisonment and/or involuntary commitment to a psychiatric hospital.
We are relieved that the High Court has chosen to repeal laws that criminalize LGBTQ+ people in Dominica, following and in step with recent decisions that saw other courts in the Caribbean, including in Barbados, Antigua and Barbuda, and St. Kitts and Nevis, find laws that criminalize same-sex activities to be unconstitutional. The High Court concluded that these provisions violate the fundamental rights to liberty, freedom of expression, and privacy, as guaranteed by the Constitution of Dominica, to the extent that they criminalize private sexual conduct between consenting individuals aged 16 and older.
We are thankful to the claimant in this case for his courageous determination and are proud to have supported him in this legal victory. But this is not the end of the fight. Much damage has already been inflicted by these laws, and stigma toward LGBTQ+ people in the country has fuelled horrific violence and hindered efforts to improve HIV prevention, treatment, and care.
Finally, it bears mentioning that the Dominican government conceded in Court that these sections of the SOA were unconstitutional, and that they could not be reasonably justified in a democratic society. Consequently, it is our hope that the Dominican government will accept this ruling and work with communities to ensure the rights of LGBTQ+ people are understood, accepted, and protected, and that LGBTQ+ people in Dominica are able to live in safety and love with dignity.