Lesbian, gay, bisexual, and transgender (LGBT) persons in Dominica face legal challenges not experienced by non-

LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term ...

residents.

Sodomy Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''s ...

, also known as "buggery", is illegal for both heterosexuals and homosexuals.

Dominica Dominica ( or ; Kalinago: ; french: Dominique; Dominican Creole French: ), officially the Commonwealth of Dominica, is an island country in the Caribbean. The capital, Roseau, is located on the western side of the island. It is geographical ...

provides no recognition to same-sex unions, whether in the form of

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...

civil unions A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...

, and no law prohibits discrimination on the basis of

sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...

gender identity Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the ...

Legality of same-sex sexual activity

Both male and female same-sex sexual activity is illegal in

Anal intercourse Anal sex or anal intercourse is generally the insertion and thrusting of the erect penis into a person's anus, or anus and rectum, for sexual pleasure.Sepages 270–271for anal sex information, anpage 118for information about the clitoris. O ...

between persons of the opposite sex is also illegal. Between 1995 and 2000, 35 people were arrested by local authorities and charged with buggery. The courts sentenced all the offenders to fines and prison sentences up to ten years. Some were sent to local psychiatric hospitals for "treatment". In 2001, 15 women were arrested and sentenced to five years' imprisonment. The charge brought against them was

gross indecency Gross indecency is a crime in some parts of the English-speaking world, originally used to criminalize sexual activity between men that fell short of sodomy, which required penetration. The term was first used in British law in a statute of the B ...

. Ten men were also sentenced to five years' imprisonment for "engaging in gross indecency with people of the same sex." The ''Sexual Offenses Act 1998'', as amended in 2016, has two sections dealing with same-sex sexual activity.

Section 14. (1) Any person who commits an act of gross indecency with another person is guilty of an offence and liable on conviction to imprisonment—

(a) if the complainant is a person sixteen years of age or more, for twelve years;

(b) if the complainant is a minor under sixteen years of age, for fourteen years for a first offence and to imprisonment for twenty years for a subsequent offence.”;

(2) Subsection (1) does not apply to an act of gross indecency committed in private between an adult male person and an adult female person, both whom consent.

* * * *

(4) In this section, "gross indecency" means—

(a) 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...

Section 16. (1) A person who commits buggery is guilty of an offence and liable upon conviction to imprisonment for -

(a) twenty-five years, if committed by an adult on a minor;

(b) ten years, if committed by an adult on another adult;

(c) five years, if committed by a minor;

and if the Court thinks it fit, the Court may order that the convicted person be admitted to a psychiatric hospital for treatment.

(2) Any person who attempts to commit the offence of buggery, or is guilty of an assault with intent to commit the same, is guilty of an offence and liable to imprisonment for four years, and, if the Court thinks it fit, the Court may order that the convicted person be admitted to a psychiatric hospital for treatment.

(3) In this section, "buggery" means sexual intercourse per anum by a male person with a male person....

Decriminalisation efforts

In 2013, Catholic Bishop

Gabriel Malzaire Gabriel Malzaire (born 4 October 1957 in Mon Repos, Saint Lucia) is a Saint Lucian clergyman and Archbishop of Castries. He was ordained in 1985 and was appointed bishop in 2002. While he had previously opposed efforts to repeal laws against ...

called for the repeal of the law, saying,

I wish to make it clear that the Catholic Church in Dominica adheres to the call of the Holy See in its statement to the 63rd session of the General Assembly of the United Nations on the Declaration of Human Rights, sexual orientation and gender identity, "to condemn all forms of violence against homosexual persons as well as to urge all States to take necessary measures to put an end to all criminal penalties against them. …" The Catholic Church maintains that free sexual acts between adult persons must not be treated as crimes to be punished by civil authorities.

In 2014, Prime Minister

Roosevelt Skerrit Roosevelt Skerrit (born 8 June 1972) is a Dominican politician who has been Prime Minister of Dominica since 2004; he has also been the Member of Parliament for the Vieille Case constituency since 2000. Regionally, he has served as the chairman ...

said that "Dominica does not enforce its law against homosexual activity, at least in private homes, and has no plans to do so." In June 2019, a gay man in Dominica who wishes to remain anonymous announced plans to challenge the country's buggery law, with the help of the

Canadian HIV/AIDS Legal Network The HIV Legal Network (formerly the Canadian HIV/AIDS Legal Network) is Canada's leading advocacy organization working on the legal and human rights issues raised by HIV and AIDS. The organization actively promotes the human rights of people livi ...

, a Toronto-based advocacy group, the

University of Toronto The University of Toronto (UToronto or U of T) is a public research university in Toronto, Ontario, Canada, located on the grounds that surround Queen's Park. It was founded by royal charter in 1827 as King's College, the first institution ...

's International Human Rights Program, Minority Rights Dominica (MiRiDom), an LGBT advocacy group, and

Lawyers Without Borders Lawyers Without Borders (LWOB) is an international non-profit organization founded in 2000 by Connecticut Attorney, Christina M. Storm, which operates worldwide from its central headquarters located in New Haven, Connecticut, U.S.A. Its single ...

. The gay man has faced homophobic hostility, discrimination, harassment, threats, and physical and sexual assaults fueled by this law. In one instance, he was viciously attacked in his own home, yet police refused to investigate and allowed his attacker to remain free because of his sexuality, arguing that under Dominican law gay people are considered criminals. The man officially filed the lawsuit with Dominica's High Court of Justice in July 2019, challenging two provisions of the ''Sexual Offenses Act'' that criminalises anal sex and "gross indecency" with up to 10 years and 12 years in prison, respectively.

Official support of LGBT rights

In 2011, the Dominican delegation to the

United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoni ...

signed onto the " Joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity". It is the only UN member state in the

Lesser Antilles The Lesser Antilles ( es, link=no, Antillas Menores; french: link=no, Petites Antilles; pap, Antias Menor; nl, Kleine Antillen) are a group of islands in the Caribbean Sea. Most of them are part of a long, partially volcanic island arc be ...

to have done so.

Social conditions

Opposition to gay tourists

Bill Daniel, president of the Evangelical Association speaking on behalf of the group, made the following statement in 2009: "We want the government to ensure that gay tourists do not come to the island and conduct themselves in any immoral way." The association protested against allowing gay cruises to visit the island and promoting Dominica as a "gay tourist destination".

Anti-LGBT violence

There have been suspected

hate crime A hate crime (also known as a bias-motivated crime or bias crime) is a prejudice-motivated crime which occurs when a perpetrator targets a victim because of their membership (or perceived membership) of a certain social group or racial demograph ...

s against individuals believed to be homosexuals in Dominica. Persons in a dispute may use derogatory words like "buggerman" or "battyman" to refer to "effeminate" men. In 2010, a

Portsmouth Portsmouth ( ) is a port and city in the ceremonial county of Hampshire in southern England. The city of Portsmouth has been a unitary authority since 1 April 1997 and is administered by Portsmouth City Council. Portsmouth is the most d ...

man, Clement James, was stabbed to death after being accused of "watching" his male assailant in a public place. The accused, Davis St Jean, allegedly had a habit of singing and preaching aloud in the street about killing gay people. Before stabbing Clement, he reportedly said "all battie boi must dead".

LGBT culture

A 2011 academic submission to the United Nations stated that LGBT groups in Dominica are forced to operate underground because of fear that their members will be victimised. Members who are openly gay complain of acts of vandalism committed against their property. Reports made to the police are not taken seriously and the victims are sometimes ridiculed.

LGBT associations

Minority Rights Dominica (MiRiDom) is an LGBT advocacy group in Dominica, working to advance LGBT rights in the country. Its founder is Darryl Philip.

Summary table

References

{{North America topic, LGBT rights in

Law of Dominica Society of Dominica