Trinidad and Tobago Recriminalizes Homosexuality, All Citizens Subject to 5 Years in Prison for Anal Sex

News & Opinion

The LGBTQ + community in Trinidad and Tobago received a major blow to their rights after the Court of Appeal Justices Nolan Bereaux and Charmaine Pemberton overturned a 2018 ruling that struck down a law banning gay sex.

The 196-page ruling which was carried out on March 25th recriminalizes acts of buggery (anal sexual intercourse) among consenting adults saying that only the  Parliament of the Republic of Trinidad and Tobago can overturn the ruling.

“Judges cannot change the law,” states the ruling. “We give effect to Parliament’s intention…. It is, therefore, left to Parliament to repeal the criminalization of buggery and the related offense of gross indecency by legislation. It is an emotive issue which engages vibrant discussion in the court of public opinion.”

Not only does the ruling strike down on buggery between same-sex sexual encounters but also if the act is carried out between men and women, or married couples. In addition to now being considered a criminal offense, it also carries the risk of a 5-year prison sentence if carried out, a 20-year reduction from the previous 25-year sentence.

At the time, Rampersad ruled in favor of LGBTQ+ activist Jason Jones. Jones had filed a suit challenging the legality of sections 13 and 16, stating that they violated his rights.In response to the overturning Jones released a statement via social media saying.

“As an LGBTQ+ citizen of Trinidad and Tobago, this regressive judgment has ripped up my contract as a citizen of T&T and again makes me an unapprehended criminal in the eyes of the law."

He continued writing, “The TT Court of Appeal has effectively put a target on the back of LGBTQIA+ people and made us lower class citizens in our own country.”