In a landmark ruling, the Dominica High Court has declared that sections 14 and 16 of the Sexual Offences Act, which criminalize homosexual sex, are unconstitutional.
The judgment was issued via Zoom and had significant implications for human rights and the role of religion in the country.
The case was first brought before the court in 2022 by a gay man who sought to have two sections of the Sexual Offences Act that criminalize consensual same-sex activities ruled unconstitutional.
The case was supported by (MiRiDom) and the HIV Legal Network, who worked alongside the claimant, who was not named due to risk to his safety, according to the claimants.
Under sections 14 and 16 of the SOA, sexual activity between consenting partners of the same sex was prohibited – offences that were first enacted in 1873, when Dominica was under British colonial rule.
The man who launched the claims stated that he had faced “discrimination, hostility, and horrific violence” in Dominica because he is gay.
The ruling effectively decriminalizes homosexual sex in the country, making it a member of the global community recognizing the rights of same-sex adults to engage in consensual sexual activities without fear of prosecution.
This decision marks a significant milestone in the movement towards greater acceptance and equality for the LGBT+ community in Dominica.
The judgement was made after a legal battle that pitted Cara Shillingford, who represented the Claimants, against the Attorney General’s Office, who represented the Defendant. Joelle Harris represented the Bishop of Roseau (Catholic Church) and the Anglican Church, while Joshua Francis represented the Dominica Association of Evangelical Churches as intervening parties.
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