Last Updated on August 30, 2022, 3:24 AM AST by Anthony Morris
Eastern Caribbean Supreme Court delivered a judgment on Monday, August 29, 2022, decriminalising some consensual sexual conduct and activities such as buggery, done between adults (18 years and older) in private in St Kitts & Nevis.
Justice Trevor Ward delivered the judgment. The judgement came about as a result of the constitutional motion filed in January 2021 by Jamal Jeffers, a citizen of the country, and a community-based non-profit organisation, St Kitts & Nevis Alliance or Equality Inc. (SKNAFE), founded by Tynetta McKoy. The Attorney-General was the Defendant of the plea, according to the requirement in the constitutional motions of this kind.
The petitioners sought declarations that sections 56 and 57 of Offences Against the Person Act, Cap. 4.21 of the laws of the federation of St Kitts & Nevis and the contradicted sections 3, 7, 12 and 15 of the Constitution were declared null and void in the case of consensual, private intercourse in a private setting between persons 16 years of age and more.
Before the judgment came, it was considered an offence of criminal nature to commit “the abominable crime of buggery” and the related offences of “assault with intent to commit buggery” along with “indecent assault upon any male person”.
These crimes were punishable by imprisonment not exceeding ten years with or without hard labour.
In the judgment, the Supreme Court declared that the criminalisation of buggery and the related crimes that are referenced in sections 56 and 57 of the Offences Against the Person Act contradict “sections 3 and 12 of the Constitution, namely, the right to protection of personal privacy and the right to freedom of expression.” Thus, buggery in St Kitts and Nevis is no longer a crime once it involves “acts constituting consensual sexual conduct in private between adults”.
The Cabinet of the Government of Saint Kitts and Nevis was made aware of the decision on Monday, August 29, 2022.
The trial took place on June 10, 2022.
Anthony Morris covers stories related to politics and regional developments. His in-depth reporting about governance and reforms makes him stand out in regional journalism, with a deep analysis of political trends and their impact on Caribbean communities.
