Court rules in favour of gay man | News – Jamaica Gleaner
The Eastern Caribbean Supreme Court has granted declarations paving the way for adult homosexuals in St Kitts & Nevis to have consensual sexual acts in private without facing criminalisation.
The court found today that sections of the Offences Against the Person Act contravened the Constitution and granted declarations.
Jamal Jeffers, a self described gay man and a citizen of the Federation, had brought a claim in January last year seeking declarations that sections 56 and 57 of the Act were in breach of the Constitution and should be declared null and void.
Jamal was joined in the claim by St Kitts & Nevis Alliance INC in the motion seeking orders that consensual sexual intercourse was not an offence when committed in private between “persons 16 years of age or more”.
The court today granted a declaration that section 56 of the Offences Against the Person Act, Cap. 4.21 contravened sections section 3 and 12 of the Constitution of the Federation of Saint Christopher and Nevis, “namely, the right to the protection of personal privacy and the right to freedom of expression and as such is null and void and of no force and effect to the extent that it criminalises any acts constituting consensual sexual conduct in private between adults.”
It was also the court’s finding that “Section 57 of the Act Cap 4.21 contravened the Constitution and was also null and void as it was similar to section 56.
“For the purpose of giving effect to the declaration in 1 above, Section 56 of the Act shall be read as if the words ‘This section shall not apply to consensual sexual acts between adults in private’ were added at the end of the section”, the court ruled.
Section 57 of the Act shall be read “save and except where the acts which would otherwise constitute an offence are done in private between consenting adults.”
Legal costs were awarded to the claimants against the defendant.
Lawyers for the defendant, who was the attorney general of St Christopher and Nevis, had argued that the subject matter pertaining sections 56 and 57 of the Act were sensitive issues in the society. They argued that Parliament should deal with the issue as it involves the protection of children and policy issues involving health, education and the social and cultural values as a whole.
Justice Trevor M Ward QC heard the motion and ruled in favour of the claimants.
-Barbara Gayle
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