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Encyclopedia > Gay rights in Trinidad and Tobago

Homosexuality is illegal in Trinidad and Tobago. However homosexuals have not been actively targeted by the laws. Homosexuality refers to sexual interaction and / or romantic attraction between individuals of the same sex. ...

Contents

Criminal Code

Sexual Offences Act

Trinidadian criminal code prohibits sex between men, as is the case in much of the English-speaking Caribbean. Section 13 of the Sexual Offences Act 1986[1] criminalises "buggery". This section, strengthened in 2000[2], states: A Criminal Code is a compilation of government laws that outline a nations criminal offenses, and the maximum and minimum punishments that courts can impose upon offenders when such crimes are committed. ...

 (1) A person who commits buggery is guilty of an offence and is liable on conviction to imprisonment— (a) if committed by an adult on a minor, for life; (b) if committed by an adult on another adult, for twenty-five years; (c) if committed by a minor, for five years. (2) In this section “buggery” means sexual inter­course per anum by a male person with a male person or by a male person with a female person. 


Section 16, relating to "serious indecency", provides a penalty of up to 15 years' imprisonment for homosexual acts between men and between women.


Immigration Act

Under Article 8 (18/1) of the Immigration Act[3], homosexual men and women are not allowed to enter the country:

 (1) Except as provided in subsection (2), entry into Trinidad and Tobago of the persons described in this subsection, other than citizens and, subject to section 7(2), residents, is prohibited, namely- ... (e) prostitutes, homosexuals or persons living on the earnings of prostitutes or homosexuals, or persons reasonably suspected as coming to Trinidad and Tobago for these or any other immoral purposes; 

Enforcement

While the government has not specifically targeted homosexuals under the "buggery" and immigrations laws; individuals have been charged and convicted of "buggery" when coupled with other serious crimes[4] [5] [6].


As a result Trinidad is considered a society tolerant of homosexuals and a safe destination for gay travellers[7].


References

  1. ^ Sexual Offences Act, 1986
  2. ^ Sexual Offences Act, 2000 amendment
  3. ^ Immigration Act
  4. ^ The State v. Steve Williams
  5. ^ The State v. Patrick Wellington & Kelvin Persad
  6. ^ The State v. Jacob Ramjattan
  7. ^ GayTimes


 
 

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