LGBT rights in Saint Kitts and Nevis

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LGBT rights in Saint Kitts and Nevis
Saint Kitts and Nevis
Same-sex sexual activity legal? Male illegal, female legal
Penalty:
 Up to 10 years in prison, with or without hard labour.
Gender identity/expression –
Military service _
Discrimination protections None
Family rights
Recognition of
relationships		 No recognition of same-sex relationships
Adoption _

Lesbian, gay, bisexual, and transgender (LGBT) persons in Saint Kitts and Nevis face legal challenges not experienced by non-LGBT residents.

Issues

Illegality of male homosexuality

Male on male homosexuality is illegal in St. Kitts and Nevis. Section 56 and 57 of the "Offences Against the Person Act" criminalises male on male same-sex sexual activity.[1] Section 56 of the "Offences Against the Person Act": "The abominable crime of buggery" – up to 10 years imprisonment, with or without hard labour.

Section 57 of the "Offences Against the Person Act": "Whosoever attempts to commit the said abominable crime, or is guilty of any assault with intent to commit the same, or of any indecent assault upon any male person, is guilty of misdemeanour, and being convicted thereof shall be liable to be imprisoned for any term not exceeding four (4) years with or without hard labour."

The Government of St. Kitts and Nevis says it has no mandate from the people to abolish the criminalisation of homosexuality among consenting adults. However, despite the existence of the law on the books, there has been no known prosecution of same-sex sexual activity according to the Government.[2]

Female homosexuality

Female to female sexual relationships are legal.[3]

Social conditions

The Caribbean Island of Nevis—part of the nation of St. Kitts and Nevis—barred a cruise ship carrying 110 mostly American gays from docking March 23 2005. A police boat halted the Source Events/Windjammer Barefoot Cruises ship and took the captain to shore for a meeting with port, police, customs and immigration officials, after which the ship was ordered to sail on. Port authority Acting General Manager Oral Brandy told reporters that Nevis does not want homosexuality “to be a part of our culture.”[4]

Summary table

Same-sex sexual activity legal No For male (Penalty: Up to 10 years imprisonment) / Yes For female
Equal age of consent No For male / Yes For female
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) No
Same-sex marriages No
Recognition of same-sex couples No
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays and lesbians allowed to serve openly in the military No
Right to change legal gender No
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also

References

  1. ↑ Saint Kitts and Nevis: The situation of homosexuals; state protection and availability of support groups
  2. ↑ St. Kitts and Nevis has no mandate to repeal homosexuality laws
  3. ↑ ILGA
  4. ↑ Nevis Rejects Gay Cruise Ship
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