An appeal against a ruling decriminalising gay sex in Bostwana has been rejected by the country’s Court of Appeal.
The 2019 ruling was upheld on 29 November, something that resulted in the LGBTQ+ community hailing Botswana as a “true democracy”.
During the appeal, the state attempted to argue that public opinion on homosexuality had not changed and that the penal code made same-sex intercourse illegal.
The aforementioned penal code was drawn up under British rule and states that “carnal knowledge of any person against the order of nature” is forbidden, as well as making “indecent practices between persons” illegal.
Prior to the High Court’s ruling two years ago, having gay sex in the country could have resulted in up to seven years behind bars.
The decision was unanimously agreed on by all five judges, with Court of Appeal Judge President Ian Kirby stating that LGBTQ+ citizens being forbidden from consensual same-sex is a violation of their constitutional rights.
“Those sections have outlived their usefulness, and serve only to incentivise law enforcement agents to become key-hole peepers and intruders into the private space of citizens,” said Kirby.
The post Botswana appeals court upholds ruling decriminalising gay sex appeared first on GAY TIMES.
Botswana appeals court upholds ruling decriminalising gay sex
An appeal against a ruling decriminalising gay sex in Bostwana has been rejected by the country’s Court of Appeal.
The 2019 ruling was upheld on 29 November, something that resulted in the LGBTQ+ community hailing Botswana as a “true democracy”.
During the appeal, the state attempted to argue that public opinion on homosexuality had not changed and that the penal code made same-sex intercourse illegal.
The aforementioned penal code was drawn up under British rule and states that “carnal knowledge of any person against the order of nature” is forbidden, as well as making “indecent practices between persons” illegal.
Prior to the High Court’s ruling two years ago, having gay sex in the country could have resulted in up to seven years behind bars.
The decision was unanimously agreed on by all five judges, with Court of Appeal Judge President Ian Kirby stating that LGBTQ+ citizens being forbidden from consensual same-sex is a violation of their constitutional rights.
“Those sections have outlived their usefulness, and serve only to incentivise law enforcement agents to become key-hole peepers and intruders into the private space of citizens,” said Kirby.
The post Botswana appeals court upholds ruling decriminalising gay sex appeared first on GAY TIMES.
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