HIGH COURT RULES ANTIGUA AND BARBUDA’S ANTI-BUGGERY LAWS ARE UNCONSTITIONAL

Antigua and Barbuda’s laws which criminalize sex between consenting adults are unconstitutional.
That was the ruling from the High Court on Tuesday, following a case brought against the Government last year by Orden David and Women Against Rape Inc.
The court ruled that sections 12 and 15 of the Sexual Offences Act of 1995 are unconstitutional because they contravene sections 3, 12 and 14 of the Constitution of Antigua and Barbuda.
The constitutional rights which the court found to have been breached are liberty, protections of the law, freedom of expression, protection of personal privacy and protection from discrimination on the basis of sex.
The court has also awarded costs against the Government.
Dr David Dorsett, who represented the Attorney General against whom the case was brought, says the judgement reflected agreed positions of both the claimants and defendant.
He says given the considerable common ground between both sides, it is unlikely there will be an appeal.
Dr Dorsett is making it clear the effect of the judgement is that acts of sodomy between and among persons capable of giving consent is decriminalized, but the judgement does not give licence to commit acts of sodomy.
He insists the court in its ruling is not making a moral judgement.
Attorney for the claimants, Andrew O’Kola has welcomed the judgement.