Sodomy law

[11] In the Roman Republic, the Lex Scantinia (which is first described in documents dating back to 50 BCE) imposed penalties on those who committed a sex crime (stuprum) against a freeborn male minor.

Intolerance of same-sex acts appears to have intensified in the Roman Empire in the late 4th century; in 390 the emperor Theodosius ordered that male prostitutes were to be publicly burned, although it is uncertain to what extent this decree was actually carried out.

This trend among Western nations has not been followed in all other regions of the world (Africa, some parts of Asia and Oceania and even in five out of the 13 countries in the Caribbean Islands), where sodomy remains a crime.

Male and sometimes female homosexual acts are minor to major criminal offences in many other African countries; for example, life imprisonment is a prospective penalty in Tanzania, Uganda and Zambia.

In Asia, male homosexual acts remain punishable by death in Afghanistan, Iran, Qatar, Saudi Arabia, the United Arab Emirates, and Yemen.

[31] On 5 July 2022, the Eastern Caribbean Supreme Court ruled that sections of the Penal Code that made consensual same-sex intimacy illegal in Antigua and Barbuda were unconstitutional, and therefore void.

Punishment for "buggery" was life imprisonment, while the maximum penalty for "serious indecency" was ten years in prison if the act was committed on or towards a person aged 16 or older.

Initially, its application was limited to men only (similar to other colonies of the British Empire), however, a Botswana court found this to be discriminatory and that the law should apply to women as well.

The offences of buggery and "gross indecency" were still in force, however the new act introduced exemptions for married couples, and any two consenting adults above the age of 21 regardless of gender or sexual orientation.

[48] In a 2002 decision regarding a case in which three people were engaged in sexual intercourse, the Court of Queen's Bench of Alberta declared section 159 in its entirety to be null, including the provisions criminalizing anal sex when more than two persons are taking part or present.

[50][51] In June 2019, C-75 passed both houses of the Parliament of Canada and received royal assent, repealing section 159 effective immediately and making the age of consent equal at 16 for all individuals.

In April 2024, the High Court of Dominica ruled that sections 14 and 16 of the Sexual Offences Act, that criminalised consensual same-sex activity between adults, were unconstitutional.

[70] In August 2011, the new gender-neutral Crimes Act 2011 was approved, which sets an equal age of consent of 16 regardless of sexual orientation, and reflects the decision of the Supreme Court in statute.

[71] Homosexuality in Hungary was decriminalized in 1962, Paragraph 199 of the Hungarian Penal Code from then on threatened "only" adults over 20 who engaged themselves in a consensual same-sex relationship with an underaged person between 14 and 20.

On 11 December 2013, the Supreme Court of India overturned the ruling in Naz Foundation v. National Capital Territory of Delhi, effectively re-criminalizing homosexual activity until action was taken by parliament.

In 2012, a man was convicted of this offence for supplying a dog in 2008 to a woman who had intercourse with it and died;[78] he received a suspended sentence and was required to sign the sex offender registry, ending his career as a bus driver.

[79] The State of Israel inherited its sodomy ("buggery") law from the legal code of the British Mandate of Palestine, but it was never enforced against homosexual acts that took place between consenting adults in private.

However, in certain criminal cases, defendants were convicted of "sodomy" (which includes oral sex), apparently by way of plea bargains; they had originally been indicted for more serious sexual offenses.

Previously, Section 250(1) of the Mauritius Criminal Code of 1838 held that "Any person who is guilty of the crime of sodomy ... shall be liable to penal servitude for a term not exceeding 5 years.

No explicit anti-gay criminal law exists, but government media depicts LGBT people negatively and some gay couples have been executed for being "against the socialist lifestyle".

Following a ruling of the Eastern Caribbean Supreme Court on August 29, 2022, consensual same-sex intercourse between adults in private is no longer illegal in Saint Kitts and Nevis.

[88] The Socialist Federal Republic of Yugoslavia restricted the offense in 1959 to only apply to homosexual anal intercourse, with the maximum sentence reduced from 2 to 1 year imprisonment.

Section 377A of the Singapore Penal Code, introduced during British colonial rule, criminalised "outrage of decency" and additionally punish commission, solicitation, or attempted male same-sex "gross indecency", with "imprisonment of up to two years".

In England and Wales sodomy was made a felony by Henry VIII's Buggery Act 1533, which was part of the attack on the monasteries,[citation needed] though had been a crime punished by the clergy until 1534.

Section 61 of the Offences against the Person Act 1861, entitled "Sodomy and Bestiality", defined punishments for "the abominable Crime of Buggery, committed either with Mankind or with any Animal".

[111] Following the Wolfenden report, sexual acts between two adult males, with no other people present, were made legal in England and Wales in 1967, in Scotland in 1980, Northern Ireland in 1982, UK Crown Dependencies Guernsey in 1983, Jersey in 1990 and Isle of Man in 1992.

In the 1817 case of Rex v. Jacobs, the Crown Court ruled that oral intercourse with a child aged 7 did not constitute sodomy,[115] but it could still be prosecuted as an "attempt" to commit the felony.

The Ethiopian Orthodox Tewahedo Church plays a significant role in maintaining society's opinion against homosexuality, and some members form anti-gay movements.

Called "ashtime", these (biological) males dressed like women, performed female tasks, cared for their own houses, and apparently had sexual relations with men".

[135] There was a notable case involving Anwar Ibrahim, former Leader of the Opposition and deputy prime minister who was convicted of sodomy crime under Section 377B of the Penal Code.

Legal status of sodomy laws around the world as of 2024:
Legal
Illegal
Burning of the accused sodomites Richard Puller von Hohenburg and his servant Anton Mätzler outside the walls of Zürich , 1482 (from the Spiezer Schilling chronicle)
Decriminalization of Homosexuality by Country or Territory
1791–1850
1850–1945
1946–1989
1990–present
Unknown date of legalization of same-sex intercourse
Same-sex sexual intercourse always legal
Still criminalized
US sodomy laws by the year when they were repealed or struck down. In the late 1950s, drafts of the Model Penal Code recommended decriminalizing sodomy and the first state to adopt decriminalization was Illinois (light yellow) in 1961. Sodomy laws remaining as of 2003 were struck down by the US Supreme Court in Lawrence v. Texas .
Laws repealed or struck down from 1970 to 1979
Laws repealed or struck down from 1980 to 1989
Laws repealed or struck down from 1990 to 1999
Laws repealed or struck down from 2000 to 2002
Laws struck down by the Supreme Court of the United States in 2003