LGBT rights in Grenada explained

Location Header:Grenada
Legal Status:Illegal
Penalty:Up to 10 years imprisonment (not enforced)
Gender Identity Expression:No
Recognition Of Relationships:No recognition of same-sex relationships
Adoption:No
Military:Has no military
Discrimination Protections:None

Lesbian, gay, bisexual, and transgender (LGBT) people in Grenada may face legal challenges not experienced by non-LGBT residents. The penal code makes same-sex acts on Grenada proper illegal with a punishment up to 10 years in prison, it also does not address discrimination or harassment on the account of sexual orientation or gender identity, nor does it recognize same sex unions in any form, whether it be marriage or partnerships. Household headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples.

Legality of same-sex sexual acts

Homosexuality is illegal in Grenada proper. Under the Grenada Criminal Code, Section 431, the offence of “unnatural crime” is committed by way of sexual intercourse per anum, i.e., anal penetration. Such offence is punishable by imprisonment for ten years.[1]

The Criminal Code does not specify the ‘penetrating’ object, although by reliance on the common law, the penetrating object is the penis. The offence is committable by male person with/to male person and/or male person with/to female. The offence cannot, however, be committed by two female persons. However, in section 7, the criminal law prohibits "Committing grossly indecent act; is stated in gender-neutral terms. By implication itcovers both opposite-sex and same-sex acts. The act of gross indecency must becommitted wilfully and in public." Under this section female homosexuality is illegal under public indecency laws.[2]

In May 2013, the president of the Senate of Grenada called the island to reconsider its ban on same-sex sexual relationships and said that “the day is fast approaching” for Grenada and other Caribbean countries to repeal their sodomy laws.[3]

Discrimination protections

There are no explicit clause on equality or protection of privacy in the Grenada Constitution of 1973.[4]

Grenadan law does not address discrimination or harassment on the account of sexual orientation or gender identity.

See also

Notes and References

  1. Web site: Grenada: Criminal Code. WIPO Lex. 1 January 2020.
  2. Web site: Criminal Law Concerning Same-Sex Intimacy in Grenada. Office of the United Nations High Commissioner for Human Rights. 26 May 2018.
  3. News: Leader of Grenada's Senate calls for island to reconsider its laws banning sex between men. 28 May 2013. The Washington Post. dead. https://web.archive.org/web/20130529183226/https://www.washingtonpost.com/world/the_americas/leader-of-grenadas-senate-calls-for-island-to-reconsider-its-laws-banning-sex-between-men/2013/05/28/d80b0bde-c7f4-11e2-9cd9-3b9a22a4000a_story.html. 29 May 2013. 29 May 2013.
  4. Web site: Grenada: Constitution, 1973. Georgetown University. 26 May 2018.