Lesbian, gay, bisexual and transgender (LGBT) persons in Saint Vincent and the Grenadines face legal challenges not experienced by non-LGBT residents. The Penal Code makes same-sex acts illegal with a punishment up to 10 years in prison, although the law is not enforced and is being challenged in the courts. In addition, it outlaws the practice of "buggery" (which is anal and oral sex), whether homosexual or heterosexual and irrespective of whether the act was consensual. The country's laws also do not address discrimination or harassment on account of sexual orientation or gender identity, nor recognize same-sex unions in any form, whether it be marriage or partnerships. Households headed by same-sex couples are not eligible for any of the same rights given to opposite-sex married couples.
Homosexuality is illegal in Saint Vincent and the Grenadines. Section 148 of the Criminal Code states that:
"Any person, who in public or private, commits an act of gross indecency with another person of the same sex, or procures or attempts to procure another person of the same sex to commit an act of gross indecency with him or her, is guilty of an offence and liable to imprisonment for five years."
— Section 148 of the Criminal Code
Section 146 of the 1990 Criminal Code states that:
"Any person who commits buggery with any other person; commits buggery with an animal; or permits any person to commit buggery with him or her; is guilty of an offence and liable to imprisonment for ten years".
Being gender-neutral, the "buggery" law applies universally to both heterosexual and homosexual conduct. Various reports state that these laws are unenforced.[2]
In May 2019, after being the victim of a transphobic attack in April 2019, a fraud charge against Leswan Stewart, a "cross-dressing gay" teen who was accused of defrauding a man by pretending to be a woman, was withdrawn by the prosecutor who gave no reason for the decision.[3]
Decriminalisation efforts
In 2018, Human Rights Watch urged Saint Vincent and the Grenadines and other Eastern Caribbean countries to repeal colonial "buggery" laws.[4] In September 2018, following physical attacks on three cross-dressing young men, Prime Minister Ralph Gonsalves said that it is unbecoming and wrong for anyone to physically assault a person based on any prejudice they may have due to his/her sexual orientation. He also condemned the incident and said that such irrational homophobia is entirely unacceptable, and called for an open conversation on homosexuality.[5][6][7]
In July 2019, two gay men filed court proceedings to challenge the country's "buggery" and "gross indecency" laws. The two petitioners are unknown to each other. They are Javin Johnson, 22, who successfully claimed asylum in the United Kingdom in 2017, having established that he could not live as a gay man in Saint Vincent and the Grenadines, and Sean Macleish, 53, a Vincentian resident of Chicago in the United States. Macleish has publicly advocated to the Prime Minister for the removal of these laws so that he may return home with his partner, but to no effect. According to their affidavits, as a result of the legislation, they have been exiled from the Caribbean country due to the severely draconian and damaging effects of these laws. The two challenges are expected to be heard together in the High Court of Saint Vincent and the Grenadines in the capital Kingstown. The British Privy Council in London may have ultimate say on these laws.[8][9][10][11][12][13]
Commenting on these legal challenges, the Prime Minister of Saint Vincent and the Grenadines, Ralph Gonsalves, said "whatever happens here (in St Vincent and the Grenadines), it would be an OECS (Organisation of Eastern Caribbean States) decision... so it would apply, because all the legal provisions the constitutional provisions are similar and the legislation is basically similar. And if the legislation is unconstitutional here... it would be unconstitutional in other member states".[14]
Living conditions
LGBT life in Saint Vincent and the Grenadines is invisible and stigmatised. There are no associations or organisations dedicated to LGBT people, nor any sort of helpline or help centre for LGBT youth.
In September 2011, a same-sex couple went public with their relationship, writing a short article in the Vinci Kallaloo, entitled "Introduction: Not Easy Being Gay in St. Vincent and the Grenadines". The article received unprecedented attention, with over 3,400 hits in less than a day and over 50 comments, the third-highest of any article for the newspaper at the time. Several of the comments involved violent murderous threats (Saint Vincent and the Grenadines has one of the highest homicide rates in the world).[15]
In 2011, three lecturers at the St. Vincent and the Grenadines Community College were the victims of an orchestrated scheme by the college's director, who accused them of having "homosexual tendencies". A posting in the Vinci Kallaloo accuses the director of starting the rumour in an effort to fire the lecturers and rid the college of any partisan opponents, as the lecturers were either supporters of the opposition New Democratic Party or had not expressed any particular political position.[16]
Summary table
Same-sex sexual activity legal
(Penalty: Up to 10 years imprisonment; not enforced, repeal pending)
Equal age of consent
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech)
Same-sex marriages
Recognition of same-sex couples
Stepchild adoption by same-sex couples
Joint adoption by same-sex couples
LGBT people allowed to serve openly in the military
^"Saint Vincent and the Grenadines". Human Dignity Trust.
^"Fraud charge against 'cross-dressing' 'gay' teen withdrawn". iWitness News. 2019-05-24. Retrieved 2019-07-03.
^"BREAKING: HRW Urges St Vincent To Repeal "buggery" laws". News 784. 25 March 2018.
^"Unacceptable to beat up gays – PM Gonsalves". Search Light. 7 September 2018.
^"Prime Minister condemns physically assault of homosexual people". WEFM. 3 September 2018.
^"Gonsalves Wants Clarity From Churches About Homosexual Acts Done In Private". MENAFN. 17 September 2018.
^"Hogan Lovells advises on case aiming to decriminalise homosexuality in St Vincent". Hogan Lovells. 29 July 2019.
^Maurice Tomlinson (27 July 2019). "Caribbean lawsuit challenges St. Vincent's anti-gay law". Erasing 76 Crimes.
^"Two 'exiled' gay Vincentians challenge 'buggery' and 'gross indecency' laws". Caribbean News Now!. 29 July 2019.
^"SVG's anti-gay laws challenged". Search Light. 27 July 2019.
^"Gay men file legal challenges to homosexuality laws in St. Vincent". WEFM. 29 July 2019.
^"Gay men file legal challenges to homosexuality laws in St Vincent". Barbados Today. 27 July 2019.
^"Gonsalves Speaks On Filed Court Case Challenging SVG's Buggery Laws". News 784. 28 July 2019.
^Richard Ammon (September 2012). "Gay Life in St Vincent and The Grenadines". Globalgayz.
^"Homophobia and political victimization rampant at the SVG Community College! By Amor Rodney". Vinci Kallaloo. 4 March 2011.
March 20, 2023
lgbt, rights, saint, vincent, grenadines, lesbian, bisexual, transgender, lgbt, persons, saint, vincent, grenadines, face, legal, challenges, experienced, lgbt, residents, penal, code, makes, same, acts, illegal, with, punishment, years, prison, although, enfo. Lesbian gay bisexual and transgender LGBT persons in Saint Vincent and the Grenadines face legal challenges not experienced by non LGBT residents The Penal Code makes same sex acts illegal with a punishment up to 10 years in prison although the law is not enforced and is being challenged in the courts In addition it outlaws the practice of buggery which is anal and oral sex whether homosexual or heterosexual and irrespective of whether the act was consensual The country s laws also do not address discrimination or harassment on account of sexual orientation or gender identity nor recognize same sex unions in any form whether it be marriage or partnerships Households headed by same sex couples are not eligible for any of the same rights given to opposite sex married couples LGBT rights in Saint Vincent and the GrenadinesSaint Vincent and the GrenadinesStatusIllegalPenaltyUp to 10 years in prison not enforced repeal pending Gender identityNoMilitaryHas no militaryDiscrimination protectionsNoneFamily rightsRecognition of relationshipsNo recognition of same sex relationshipsAdoptionNo Contents 1 Legality of same sex sexual activity 1 1 Decriminalisation efforts 2 Living conditions 3 Summary table 4 See also 5 ReferencesLegality of same sex sexual activity Edit Recognition of same sex unions in the Lesser Antilles and Puerto Rico Same sex marriage Binding domestic court ruling establishing same sex marriage but marriage is not yet provided for Other type of partnership Unregistered cohabitation No recognition of same sex couples Constitutional ban on same sex marriage Same sex sexual activity illegal but penalties not enforced Island subject to IACHR ruling vte Homosexuality is illegal in Saint Vincent and the Grenadines Section 148 of the Criminal Code states that Any person who in public or private commits an act of gross indecency with another person of the same sex or procures or attempts to procure another person of the same sex to commit an act of gross indecency with him or her is guilty of an offence and liable to imprisonment for five years Section 148 of the Criminal Code Section 146 of the 1990 Criminal Code states that Any person who commits buggery with any other person commits buggery with an animal or permits any person to commit buggery with him or her is guilty of an offence and liable to imprisonment for ten years Section 146 of the 1990 Criminal Code 1 Being gender neutral the buggery law applies universally to both heterosexual and homosexual conduct Various reports state that these laws are unenforced 2 In May 2019 after being the victim of a transphobic attack in April 2019 a fraud charge against Leswan Stewart a cross dressing gay teen who was accused of defrauding a man by pretending to be a woman was withdrawn by the prosecutor who gave no reason for the decision 3 Decriminalisation efforts Edit In 2018 Human Rights Watch urged Saint Vincent and the Grenadines and other Eastern Caribbean countries to repeal colonial buggery laws 4 In September 2018 following physical attacks on three cross dressing young men Prime Minister Ralph Gonsalves said that it is unbecoming and wrong for anyone to physically assault a person based on any prejudice they may have due to his her sexual orientation He also condemned the incident and said that such irrational homophobia is entirely unacceptable and called for an open conversation on homosexuality 5 6 7 In July 2019 two gay men filed court proceedings to challenge the country s buggery and gross indecency laws The two petitioners are unknown to each other They are Javin Johnson 22 who successfully claimed asylum in the United Kingdom in 2017 having established that he could not live as a gay man in Saint Vincent and the Grenadines and Sean Macleish 53 a Vincentian resident of Chicago in the United States Macleish has publicly advocated to the Prime Minister for the removal of these laws so that he may return home with his partner but to no effect According to their affidavits as a result of the legislation they have been exiled from the Caribbean country due to the severely draconian and damaging effects of these laws The two challenges are expected to be heard together in the High Court of Saint Vincent and the Grenadines in the capital Kingstown The British Privy Council in London may have ultimate say on these laws 8 9 10 11 12 13 Commenting on these legal challenges the Prime Minister of Saint Vincent and the Grenadines Ralph Gonsalves said whatever happens here in St Vincent and the Grenadines it would be an OECS Organisation of Eastern Caribbean States decision so it would apply because all the legal provisions the constitutional provisions are similar and the legislation is basically similar And if the legislation is unconstitutional here it would be unconstitutional in other member states 14 Living conditions EditLGBT life in Saint Vincent and the Grenadines is invisible and stigmatised There are no associations or organisations dedicated to LGBT people nor any sort of helpline or help centre for LGBT youth In September 2011 a same sex couple went public with their relationship writing a short article in the Vinci Kallaloo entitled Introduction Not Easy Being Gay in St Vincent and the Grenadines The article received unprecedented attention with over 3 400 hits in less than a day and over 50 comments the third highest of any article for the newspaper at the time Several of the comments involved violent murderous threats Saint Vincent and the Grenadines has one of the highest homicide rates in the world 15 In 2011 three lecturers at the St Vincent and the Grenadines Community College were the victims of an orchestrated scheme by the college s director who accused them of having homosexual tendencies A posting in the Vinci Kallaloo accuses the director of starting the rumour in an effort to fire the lecturers and rid the college of any partisan opponents as the lecturers were either supporters of the opposition New Democratic Party or had not expressed any particular political position 16 Summary table EditSame sex sexual activity legal Penalty Up to 10 years imprisonment not enforced repeal pending Equal age of consent Anti discrimination laws in employment only Anti discrimination laws in the provision of goods and services Anti discrimination laws in all other areas Incl indirect discrimination hate speech Same sex marriages Recognition of same sex couples Stepchild adoption by same sex couples Joint adoption by same sex couples LGBT people allowed to serve openly in the military Has no militaryRight to change legal gender Access to IVF for lesbians Commercial surrogacy for gay male couples MSMs allowed to donate blood See also Edit LGBT portalHuman rights in Saint Vincent and the Grenadines LGBT rights in the AmericasReferences Edit Saint Vincent and the Grenadines Situation and treatment of homosexuals Archived from the original on July 28 2011 Saint Vincent and the Grenadines Human Dignity Trust Fraud charge against cross dressing gay teen withdrawn iWitness News 2019 05 24 Retrieved 2019 07 03 BREAKING HRW Urges St Vincent To Repeal buggery laws News 784 25 March 2018 Unacceptable to beat up gays PM Gonsalves Search Light 7 September 2018 Prime Minister condemns physically assault of homosexual people WEFM 3 September 2018 Gonsalves Wants Clarity From Churches About Homosexual Acts Done In Private MENAFN 17 September 2018 Hogan Lovells advises on case aiming to decriminalise homosexuality in St Vincent Hogan Lovells 29 July 2019 Maurice Tomlinson 27 July 2019 Caribbean lawsuit challenges St Vincent s anti gay law Erasing 76 Crimes Two exiled gay Vincentians challenge buggery and gross indecency laws Caribbean News Now 29 July 2019 SVG s anti gay laws challenged Search Light 27 July 2019 Gay men file legal challenges to homosexuality laws in St Vincent WEFM 29 July 2019 Gay men file legal challenges to homosexuality laws in St Vincent Barbados Today 27 July 2019 Gonsalves Speaks On Filed Court Case Challenging SVG s Buggery Laws News 784 28 July 2019 Richard Ammon September 2012 Gay Life in St Vincent and The Grenadines Globalgayz Homophobia and political victimization rampant at the SVG Community College By Amor Rodney Vinci Kallaloo 4 March 2011 Retrieved from https en wikipedia org w index php title LGBT rights in Saint Vincent and the Grenadines amp oldid 1139918462, wikipedia, wiki, book, books, library,
