The Eastern Caribbean Supreme Court yesterday upheld a motion by a gay man challenging the constitutionality of sections of the Offences Against the Person Act, criminalises buggery and indecent assault against males, respectively.
Jamal Jeffers, a Kittian, and the second claimant, St. Kitts and Nevis Alliance for Equality, had, in a motion dated January 28 last year, sought declarations that sections 56 and 57 of the Act contravene the constitutional rights enshrined in the Constitution of the twin island federation.
They argued that, as a result, those sections of the Offences Against the Person Act are null and void and of no force and effect to the extent that it applies to consensual sexual intercourse in private between persons 16 years of age or more.
In his ruling, High Court judge, Justice Trevor M. Ward, said section 56 of the Offences Against the Person Act, contravenes sections 3 and 12 of the Constitution, namely, the right to protection of personal privacy and the right to freedom of expression.
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