Myth: It's illegal to be homosexual in Jamaica.
Fact: It is not illegal to be lesbian, bisexual, gay, or transgender in Jamaica. Anal sex between any gender is illegal. Any act of gross indecency between men is illegal.
Reality: The existence of the 'Buggery Law' is used to justify mob attacks, 'jungle justice', and is used as a tool for blackmail and discrimination against all LGBT people. Though, the law is not specific to gay or bisexual men, they remain the target of prosecutions and detentions under this law.
The Buggery Law |
Human Rights |
In the Offences Against the Person Act 1864, the laws relating to buggery can be found under 'Unnatural Offences' and 'Outrages on Decency'.
76. Whosoever shall be convicted of the abominable crime of buggery, committed either with' mankind or with any animal, shall be liable to be imprisoned &Kept to hard labour for a term not exceeding ten years. 77. Whosoever shall attempt to commit the said abominable crime, or shall be guilty of my assault with intent to commit the same, or of any indecent assault upon any male person, shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to be imprisoned for a term not exceeding seven years, with or without hard labour. 79. Any male person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be guilty of a misdemeanor, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for a term not exceeding two years, with or without hard labour. |
Human rights remain a topical issue in Jamaica. Despite the killing of many persons on the basis of their sexual orientation and countless others harassed and discriminated against, there are no provisions in the current constitution for the rights or protections of sexual and gender minorities.
The lack of political will and leadership to promote the inherent human rights of lesbian, gay, bisexual & transgender (LGBT) persons perpetuates the contravention of their rights to life, respect and dignity, health and participation. Stigma, discrimination and violence against LGBT persons are normal and expected across all sectors of the society. This includes the media, entertainment fraternity, legal and justice system, health and welfare institutions. Jamaicans continue to use the buggery and gross indecency clauses of the Offences against the Person Act, and the Christian doctrine to justify the violation of the human rights of LGBT persons. In Jamaica, buggery is punishable up to 10 years and gross indecency punishable up to 2 years. |