Antigua's Buggery Law Unlikely To Change

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Monday, 03 October 2011 02:30

By Eef Armstrong

Antigua St John's - “I don’t care what happens in Belize, there will be no change in the law on buggery in Antigua & Barbuda. At least not if I can help it. Being gay is morally wrong, and to be honest personally, I am still homophobic.

I know they are going to ask me this same question at the Human Rights United Nations meeting I am attending, and I will give them the same answer," Attorney General Justin Simon said.

“Besides, the churches and the public will cry murder if that would happen. I can tell you that," he added.

In 2005, Simon added an anti-corruption piece to the legislation in regard to fraud. When he defined partner, he included same sex partners. He clarified that he was only covering all the bases, and that in no way was he encouraging gay relationships. But still, according to the AG, the churches came to see the prime minister over the issue and the radio stations had a field day with it.

Simon was responding to the judicial review of the buggery law presently being mounted in Belize. The buggery law in Antigua falls under the sexual offences act of 1995, and states that a person who commits buggery is guilty of an offence and liable on conviction to imprisonment a) for life, if committed by an adult on a minor; b) for 15 years if committed by an adult on another adult; or c) for five years if committed by an minor.

"Buggery” means sexual intercourse per anum by a male person with a male person or by a male person with a female person.

Section b calls for revision on the grounds of human rights. “If the government tells me to change the law, I will of course, but now is not the time, perhaps later down the road," Simon said. "Antigua is still very much led by male and church influences.” According to Simon, the law doesn’t require attention, as Antiguans condone homosexuality on a basis of "if you don’t trouble me I don’t trouble you."

AIDS Programme Manager Delcora Williams agreed on one point with Simon - that the Antiguan society is quite tolerant of homosexuals, especially compared to other Caribbean countries like Jamaica, where people are beaten or killed over their sexual preference. According to Williams, the buggery law certainly does not interfere with her work at the AIDS Secretariat as far as homosexuals not coming forward for medical aid when they need it.

So far, human rights have not been violated when it comes to stipulation b. “The buggery law is not being implemented when it concerns consensual sex, but only in regard to a criminal case, like rape, as far as I know, so you could wonder why even bother taking it off the books?" Williams said. Right after that statement, however, she pointed out that if it is off the books, there is no longer room to use the law at a whim in regard to human rights.

Director of Public Prosecution (DPP) Anthony Armstrong admitted that in his four years in that position, he has had some cases in regards to buggery, but these were criminal cases and not consensual sex cases.

Person A, who is gay, would like the buggery law where it comes to stipulation b off the books. “It feels like an infringement on my rights as a human. The right to choose who I make love to and how," he said. Person B, who is also gay, shared that sentiment. They both agree that Antiguans are reasonably tolerant toward gays.

“We had a diva pageant last year, and I can walk the streets without harassment,” said person A, “but that does not go for all gays. At our support group meetings, we do share stories of discrimination and violence. You don’t hear about it in the news, because we don’t report it. A friend of mine did, and was chased out of the police station."

Person B added that the support group consists of gays from different Caribbean islands. When asked to give an estimate of the number of gays in Antigua, Person A said it would be in the hundreds. Person B explained that not all of them are a part of the support group. Some are actually still married and living a double life.


The support group for gays has been discussing the buggery law, and will do so again at its next meeting. “We are really not sure how to proceed, but we do need to find a way to get the law changed," Person A said.

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