The High Court in Trinidad and Tobago has issued a final ruling on the country’s Sexual Offences Act, which criminalised gay sex between consenting adults.
High Court judge Devindra Rampersad first ruled in April that the law was unconstitutional, and expressed intent to strike down Section 13, which punished “sexual intercourse per anum”—also referred to as “buggery”—between men or a heterosexual couple with up to 25 years in prison.
Rampersad also wanted to eliminate the Section 16 law, which banned “acts of serious indecency,” effectively criminalising any kind of sexual intercourse not between a man and a woman. This law carried a punishment of five years in jail.
The court’s final decision eventually set on amending the law with the effect of decriminalising consensual sex between adults, regardless of their gender, if they are at least 16 years old, local media reported on Thursday (September 20).
Section 13 will now read: “‘Buggery’ means sexual intercourse without consent per anum by a male person with a male person or by a male person with a female person.” Section 16, which effectively banned all same-sex sexual relations, has now been amended to only ban “acts of serious indecency” between people under the age of 16.
Trinidad-born human rights activist Jason Jones, an openly gay man who first launched the legal challenge against the country’s District Attorney in February 2017 as part of a campaign supported by PinkNews, called the result “bittersweet.”
Trinidad and Tobago already has laws in place banning non-consensual sex. Jones told PinkNews in a message exchange that amending, rather than striking down Section 13, was “odd and very cowardly.”
“It’s a very bittersweet victory for me, but a victory anyway,” he added. Read more via PinkNews
The Jones v AG remedies hearing: Q&A
What was the reason this morning's hearing in the Jones v AG case was scheduled, and what rulings did Justice Rampersad make?
This morning’s hearing was a rescheduling of a hearing that originally took place on July 9th, focused on remedies in the case. The purpose of both hearings was so that Justice Rampersad could decide on the matter of legal costs in the case, and for him to rule on what happens to sections 13 and 16 of the Sexual Offences Act now that he has declared that criminalising private, consensual adult sexual behaviour is unconstitutional. Sections 13 and 16 had broad wording that criminalised both consensual and non-consensual activity. Today the judge ruled that Sections 13 and 16 are modified as follows:
The offence of buggery (Sect. 13) is now “sexual intercourse without consent per anum, by a male person with a male person, or by a male person with a female person.” The offence of serious indecency (Sect. 16) now no longer applies to “persons, each of whom is 16 years of age or more, both of whom consent to the commission of the act.” Previously if you were not “a male person and a female person,” you were subject to criminalisation.
The judge also ruled that the Government has to pay the Claimant’s court costs. At the hearing Government asked for a “stay” of the ruling in the case for 45 days, pending an appeal. He denied the request, so the judgment remains in full effect.
2. Has the status of the law in Trinidad & Tobago regarding same-sex intimacy between consenting adults and anal intercourse now changed?
The law regarding sexual intimacy between consenting adults of the same sex, and regarding anal intercourse between any two consenting adults remains the same as declared in April 2018. These are no longer criminal acts in Trinidad and Tobago.
3. What is the status of the law in Trinidad & Tobago now regarding sexual intimacy or anal intercourse between two minors (under 18) who are of the same sex?