Dominica: Supreme Court judge rules parts of sex crimes law unconstitutional

Judge Kimberly Cenac-Phulgence ruled on Monday, declaring certain provisions of Dominica’s sexual crimes law contrary to the country’s constitution.

The ruling came as a victory for a petitioner described as a “gay man,” who challenged legislation that criminalizes various sexual activities between consenting adults, especially those involving same-sex partners.

Constitutional clash

In her lengthy 40-page decision, Judge Cenac-Phulgence highlighted the clash between sections 14 and 16 of the Sexual Offenses Act and sections one and 10 of the Dominica Constitution.

She underlined the infringement on individuals’ rights to freedom as guaranteed by the Constitution.

Legal challenge

The petitioner, whose identity is not being disclosed, took up the legal challenge, arguing that the legislation infringed on numerous rights guaranteed by the Constitution of Dominica.

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His legal team specifically focused their argument on sections 14 and 16 of the Sexual Offenses Act.

Far-reaching legislation

Section 14 of the Act covers a wide range of conduct that is categorized as gross indecency.

This includes any non-penile-vaginal sexual act involving the genitals, breasts or anus, aimed at arousing or satisfying sexual desires.

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The legislation prescribes a maximum penalty of twelve years’ imprisonment for crimes committed against persons aged 16 or older.

Criminalizing intimacy

In addition, section 16 of the law criminalizes buggery, defined as anal intercourse between two men or between a man and a woman.

This provision carries a maximum penalty of ten years in prison, together with the possibility of forced psychiatric confinement.

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