(Antigua and Barbuda) The Eastern Caribbean Supreme Court has ruled that Sections 12 AND 15 of the Sexual Offences Act are unconstitutional. The judgment was handed down moments ago.
Robertson, J: Introduction and Findings. The selection of an intimate partner is a private and a personal choice.
This court was asked to consider the legislation which criminalizes certain sexual activities between same sex consenting adults.
This court has determined, for the reasons set out hereunder, that sections 12 and 15 of the Sexual Offences Act 1995 are unconstitutional as they contravene sections 3, 12, and 14 of the Constitution of Antigua and Barbuda. Specifically, this court declares that:
- Section 12 of the Sexual Offences Act 1995 offends the right to liberty, protection of the law, freedom of expression, protection of personal privacy and protection from discrimination on the basis of sex.
In so far as section 12 of the Sexual Offences Act 1995 is inconsistent with the rights of persons sixteen (16) years and older to engage in consensual sexual intercourse per anum in private, and to the extent of that inconsistency section 12 of the Sexual Offences Act 1995 is void.
Section 15 of the Sexual Offences Act 1995 offends the right to liberty, protection of the law, freedom of expression, protection of personal privacy and protection from discrimination on the basis of sex, in so far as section 15 of the Sexual Offences Act 1995 is inconsistent with the rights of persons sixteen (16) years and older to engage consensually and in private in the sexual acts described in section 15(3), and to the extent of that inconsistency section 15 of the Sexual Offences Act 1995 is void.
[3] In order to give effect to the second declaration, this court orders that subsection 15(2) (b) of the Sexual Offences Act 1995 be read as if the words “a male person and a female person” were deleted and replaced with the word “persons”,. This court also orders that the defendant is to pay the costs of the claimants in an amount to be assessed if.not agreed within 21 days.
Attorney Andrew O’Kola led by Senior Counsel Douglas Mendes represented an openly homosexual man and the Women Against Rape group, who challenged the validity of sections of the Sexual Offences Act, arguing that it offended their constitutional rights. [Antigua News Room]
