Why do modern independent Caribbean states, where people have fought for centuries to free our bodies from enslavement, indentureship, control by our husbands, exploitation of our labour, colonial subjection, sexual harassment and prohibtions on dancing still defend laws that say that adults cannot use our bodies in mutually consenting ways with each other sexually in private? Why are only certain forms of sex between consenting adults against the law? Why aren’t other forms of sex, which are just as “unusual”? Or others that are unlikely to produce children, simply pleasure? Why are eating pork and beef and wearing headcoverings and extramarital sex not the subject of our secular laws, but homosexuality is?
Why would anyone committed to liberty deny someone of maturity control over her or his body and sexuality?
Although in many jurisdictions our laws against private sex are only occasionally enforced, they remain on the books and serve to legitimate violence, discrimination and stigma against gay men and lesbians whom they render “unapprehended felons”, as a South African jurist quoted in a judgment overturning that country’s sodomy laws. And their enforcement is technically just one election, or even one enterprising police officer, away.
The first constitutional challenge to the region’s colonially derived laws against sexual activity between consenting adults has been filed, in Belize, targeting a law against “carnal intercourse against the order of nature”, which in common law means anal sex.
Many of our regional Independence constitutions, through “savings clauses”, hold immune from constitutional challenge any of these archaic laws (like others which PNM MP Colm Imbert mocked recently in Parliament that address wounding pigeons, bathing in the Maraval River and hanging clothes out to dry in the front of a shop) that were put in force in colonial times; these savings clauses in effect say the colonizers knew best. Belize’s constitution limited that period of immunity to five years. Trinidad & Tobago preserved our savings clause through our 1976 Republican constitution, and in a number of more recent proposals for constitutional “reform”.
We wish our Belizean GLBT counterparts, the community organizers there, and their visionary legal advocates the best success with this landmark lawsuit; and we hope their bravery and jurisprudence will benefit the region as a whole.
| Statutory penalties in the Caribbean for consensual sexual activity between two adult human beings; and the most recent date of the law’s enactment | |||
| Antigua & Barbuda | 1995 | 15 years | sexual intercourse per anum by a male person with a male person or by a male person with a female person |
| 5 years | an act, other than sexual intercourse (whether natural or unnatural), by a person involving the use of the genital organ for the purpose of arousing or gratifying sexual desire (unless committed in private between a husband and his wife; or a male person and a female person) | ||
| Bahamas | 1991 | 20 years | any adult male who has sexual intercourse, in a public place |
| 20 years | any female adult who has sexual intercourse, in a public place | ||
| Barbados | 2002 | life | buggery |
| 10 years | an act, whether natural or unnatural by a person involving the use of the genital organs for the purpose of arousing or gratifying sexual desire, on or towards another or inciting another to commit that act with the person or with another person | ||
| Belize | 2000 | 10 years | carnal intercourse against the order of nature with any person |
| Dominica | 1998 | 10 years; psychiatric hospitalization for treatment at the discretion of the Court | sexual intercourse per anum by a male person with a male person or by a male person with a female person |
| 4 years; psychiatric hospitalization for treatment at the discretion of the Court | attempt to commit sexual intercourse per anum by a male person with a male person or by a male person with a female person | ||
| 5 years | an act other than sexual intercourse (whether natural or unnatural) by a person involving the use of genital organs for the purpose of arousing or gratifying sexual desire (unless committed in private between an adult male person and an adult female person) | ||
| Grenada | 1958 | 10 years | unnatural connexion |
| Guyana | 1893 | life | buggery with a human being |
| 10 years | attempts to commit buggery | ||
| 2 years | any male person, who in public or private, commits, or is a party to the commission, or procures or attempts to procure the commission, by any male person, of an act of gross indecency with any other male person | ||
| Jamaica | 1864 | up to 10 years hard labour | the abominable crime of buggery with mankind |
| up to 7 years, with or without hard labour | attempt to commit the said abominable crime | ||
| up to 2 years, with or without hard labour | any male person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person | ||
| St. Kitts-Nevis | 1990 | up to 10 years, with or without hard labour | the abominable crime of buggery |
| up to 4 years, with or without hard labour | attempt to commit the said abominable crime | ||
| St. Lucia | 2005 | 5 years; psychiatric hospitalization for treatment at the discretion of the Court | attempt to commit sexual intercourse per anus by a male person with a male or by a male person with a female person |
| 10 years (5 years on summary conviction) | an act other than sexual intercourse (whether natural or unnatural) by a person involving the use of the genital organs for the purpose of arousing or gratifying sexual desire (unless committed in private between an adult male person and an adult female person) | ||
| St. Vincent & the Grenadines | 1990 | 10 years | commit buggery with any other person; permit any person to commit buggery with him or her |
| 5 years | commit an act of gross indecency, in public or private, with another person of the same sex, or procure or attempt to procure another person of the same sex to commit an act of gross indecency with him or her | ||
| Trinidad & Tobago | 1986 | 25 years | sexual intercourse per anum by a male person with a male person or by a male person with a female person |
| 5 years | an act, other than sexual intercourse (whether natural or unnatural), by a person involving the use of the genital organ for the purpose of arousing or gratifying sexual desire (unless in private between a husband and his wife; or a male person and a female person) | ||


Respecting the Right to Freedom of Thought, Opinion and Expression of One’s Sexuality.












On her 2007 “Treeay” television show marking the 45th anniversary of Independence, Verna looked back at herself standing in Woodford Square in 1962 with her parents, “waving my little red, white and black, feeling my chest full as if it would burst, so proud I was of my country”. Though “much older and much more in love with my country”, she laments that, despite the diversity and richness of our beauty, culture and “wealth…that can take care of all of our citizens”, we still “have citizens who live in constant fear, citizens who are discriminated against, who are marginalized, who are beaten, who are spat upon, who are kicked, who are treated worse than animals”.