Trinidad and tobago gay
On 12 April 2018, the High Court of Trinidad and Tobago ruled that Sections 13 and 16 of the Sexual Offences Do criminalising consensual gay activity between adults are unconstitutional and consequently “null” and “void”. Section 13 criminalises “buggery”, liable to imprisonment of up to 25 years. Section 16 criminalises serious indecency and stipulates a person is liable to five years imprisonment if convicted.
The case was brought by Jason Jones, an openly homosexual citizen of Trinidad and Tobago. Jones was forced to leave Trinidad and Tobago because of discrimination on the basis of sexual orientation. Jones argued that the criminalising sections of the Sexual Offences Operate violated his fundamental rights under the Constitution, particularly the rights to intimate and family being (Article 4(c)), liberty and security (Article 4(a)), equality before the law (Article 4(b)) and independence of expression (Article 4(i)).
The High Court agreed with the claimant noting that “the values that represent society possess dramatically changed as democratic societies own now moved to accept that laws such as these are no longer necessary.” Notably the Court held that whilst the assessment was not a
Trinidad and Tobago recriminalises gay sex in case that could have impact across the Caribbean
TL;DR: An appeal court in Trinidad and Tobago has overturned a court ruling that helped multiple countries across the Caribbean overturn colonially rooted laws that made same-sex intamacy illegal. The country will now punish homosexual sex with prison terms.
An appeals court in Trinidad and Tobago recriminalised consensual same-sex relations in the territory this week, in a devastating change of events for LGBTQIA+ people right across the Caribbean.
It reverses a landmark decision made by the High Court in 2018 to overturn a rule with roots in colonial 'buggery' laws. The original case argued that Sections 13 and 16 of the country’s Sexual Offences Behave were unconstitutional. The High Court agreed, ruling that the laws violated the rights of LGBTQIA+ individuals.
However, this week, after an appeal by the Attorney General, the Court of Appeal reinstated the criminalisation. In the process, it reduced the sentence down from 25 years to five years’ imprisonment -GCN
The activist behind many of the challenges to anti-LGBTQIA+ laws across the Caribbean, Jason Jones - last year'sUK Inky New York, Fresh York - March 28, 2025 - Outright International notes with grave concern the recent decision of the Court of Appeal of Trinidad and Tobago on March 25, 2025, in the case of The Attorney General of Trinidad and Tobago v Jason Jones. The judgment, which reverses the 2018 decriminalization ruling in the lower court, reinstates pre-independence sodomy laws in the region. Section 13 of the Sexual Offences Act (SOA) is reinstated with a lesser penalty of five years, and Section 16 of the SOA is replaced by section 61 of the Offences Against the Person Behave 1925. While the court made it clear that these laws “are not reasonably justifiable in a society that has proper respect for the rights and freedoms of the individual,” it cited the country’s rigid savings rule clause (a constitutional provision that shields colonial-era laws from creature overturned by the courts) as binding. The state has repeatedly exploited this clause to evade human rights obligations, prioritizing political expediency over justice. “No one should be criminalized for who they are or who they treasure. These regr UPR 39, November 9, 2021 Thank you, Madam President. Canada welcomes the positive steps taken by Trinidad and Tobago to implement recommendations made in previous cycles of this process and its ongoing commitment to empower and improve human rights nationally. Canada recommends Trinidad and Tobago: Canada recognizes Trinidad and Tobago's efforts to addre Court Decision Reverses Progress on LGBTQ People’s Rights in Trinidad and Tobago
Trinidad and Tobago - Universal Periodic Review
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