Parliamentarians for Global Action (PGA) welcomes the decision by the High-Court of Justice in Antigua and Barbuda to declare laws that criminalize consensual, private sexual acts between persons above the age of consent, unconstitutional.
On July 5th, The Honorable Justice Marissa Robertson held that sections 12 and 15 of the Sexual Offences Act (1995), known as the buggery and serious indecency offences, contravene the constitutionally guaranteed rights to liberty, protection of the law, freedom of expression, protection of personal privacy and protection from discrimination on the basis of sex. Therefore, the Court affirmed and deemed unconstitutional that certain laws criminalize consensual, private acts between persons of the age of consent, regardless of gender.
Although such laws have now been voided for cases of persons above the age of consent who engage consensually and in private acts as described, the offences of buggery and serious indecency remain a crime and laws remain in force in cases where sexual acts are not consensual or involve minors below the age of consent.
Reacting to this important development, PGA Member Senator Aziza Lake (Antigua and Barbuda) noted: