Sections 12 & 15 of Antigua and Barbuda's Sexual Offences Act 1995, Ruled Unconstitutional.

In early July, Antigua and Barbuda’s High Court ruled that Sections 12 & 15 of Antigua and Barbuda's Sexual Offences Act (1995) were unconstitutional. The now struck out, Section 12 of Antigua and Barbuda’s 1995 Sexual Offences Act sanctioned “buggery”. An offence the Act defines as “sexual intercourse per anum by a male person with a male person or by a male person with a female person”, and one in which ‘perpetrators’ can face up to 15 years in prison. Thus, Antigua & Barbuda is amongst other Caribbean countries deeming the criminalization of same-sex intimacy unconstitutional. Countries like Belize whose Supreme Court, in 2018, became the first Commonwealth Caribbean Court to hold that laws criminalising same-sex intimacy were unconstitutional. Likewise, Trinidad and Tobago’s High Court followed suit later that year and overturned their laws that criminalized same-sex intimacy. This year saw the Caribbean Court of Justice (CCJ) had ruled that a man can rape another man in Barbados. Tenement Yaad Media reached out to Aziza Lake, a Senator and LGBTQ+ activist from Antigua and Barbuda to discuss these developments.

Contrary to popular media reporting, it is not a law but a provision of Antigua & Barbuda’s Sexual Offences Act of 1995 that the decision was made regarding. Still, even though heterosexual persons who engage in anal sex will be affected, can you explain to persons, what this judgement means for the island’s LGBTQ+ community? 

There will be initial vocal pushback against the community but I sincerely believe that in the long term the High Court decision will be an immense benefit to the LGBTQI+ community. Individuals within the community will no longer feel that their sexual activity or behaviours are criminal in nature and hopefully will result in persons being out and proud. I also hope that persons in the wider community will learn to be more understanding of differences in sexuality, gender, and gender identity. Advocates and activists have a role to play in educating the general public. 

There are other legal cases across the region, most notably, a case in St. Vincent & Grenadines challenging sections of their Criminal Code of “Buggery” and “Indecent Practices Between Persons of the Same Sex” which was brought forward in 2019. Do you see this judgement, the first of its kind in the Eastern Caribbean, influencing the other cases challenging anti-homophobic legislation in the region?

Without a doubt this case will have a significant influence on the other cases challenging anti homophobic legislation in the region. This decision is now a part of the jurisprudence within the Eastern Caribbean Supreme Court and will most likely be referenced in other decisions. As one of the three branches of government,  the judiciary is an integral arm in upholding the rights of citizens and ensuring that the laws that govern our states are not contrary to the ideals of the supreme law of the land, the Constitution. 

Alongside this judgement, earlier this year in your country, we saw an intense societal debate to criminalize marital rape as well as a recent announcement that a bill will be introduced in parliament to create a National Sex Offender Registry. The region is now looking at Antigua and Barbuda. As a senator and activist, what do you believe is the driving force that is leading to these societal discussions, organizing and legislations to protect marginalized genders and sexualities in your country?

Society is evolving and people are becoming more aware of the ways government should work for them on a host of social issues. Citizens and residents have become more progressive than many of the archaic laws that have been in existence for decades and centuries. For instance our Offences Against the Person Act is from the 1800s. There is absolutely no reasons that laws in existence when our ancestors were enslaved should still govern our actions today. We have a better understanding of consent in 2022 so a husband does not own his wife and should not have laws protecting him from being prosecuted from raping his wife. The main driving force behind these discussions as well as the organizing to protect marginalized genders and sexualities in my country and the wider Eastern Caribbean is the NGOs and lawyers who are committed to using the court system to advance issues relating to rights for the LGBTQI+ community. Personally I am looking forward to making my Senate contributions to the National Sex Offender Registry Bill 2022. I have long advocated for such during my entire tenure as a Senator and it is long overdue that we implement a registry that will help us to protect the most vulnerable in our society, children.

What can activist and advocates in other Caribbean countries learn from the series of prior mentioned events that is taking place in Antigua and Barbuda?

Activists and advocates can clearly see that the court system/judiciary is the best avenue to ensure the rights of individuals in the LGBTQI+ . We have seen similar progress in Belize, Guyana, Trinidad & Tobago with the striking down of archaic laws and provisions that disproportionately affected the community. 

This judgment is just one of the many that gender and LGBTQ+ activists have been speaking loudly and organizing around over the years. As one of the few outspoken LGBTQ+ politicians in the region and a woman, what other legislations are you looking forward to see Antigua and Barbuda put and get off their legal books? 

I generally want us as legislators to do a better job of looking at laws on the books and review them through a gendered lens. Most of our laws were written by men who may not have looked at how they affected women and other marginalized groups. I am very proud of the fact that our current Parliamentary makeup has the most women ever in the history of Antigua & Barbuda and we have taken the initiative to hold legislative workshops to review legislation and see what necessary changes need to be made that take into account women and marginalized groups.