St. Lucia: Whether police protection is available for gay and lesbian individuals and bisexuals who have been victims of crime; whether homosexuality is prosecuted (January 2003 - November 2005)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board of Canada, Ottawa |
| Publication Date | 6 December 2005 |
| Citation / Document Symbol | LCA100715.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, St. Lucia: Whether police protection is available for gay and lesbian individuals and bisexuals who have been victims of crime; whether homosexuality is prosecuted (January 2003 - November 2005), 6 December 2005, LCA100715.E, available at: https://www.refworld.org/docid/45f147f916.html [accessed 31 May 2023] |
| Comments | Corrected version March 2007 |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Information on the availability of police protection for homosexual or bisexual victims of crime and on whether homosexuality is prosecuted was scarce among the sources consulted by the Research Directorate.
Homosexuality is illegal in Saint Lucia (Saint Lucia 2004, Art. 133; Caribbean Net News 30 July 2005; ILGA 3 Feb. 2004; Reding Dec. 2003; St. Lucia Star 23 Aug. 2003; ibid. 30 July 2003; Sodomy Laws 2 Nov. 2003; St. Lucia Star 4 Feb. 2005). The Government's Website indicates that the new Criminal Code came into force on 1 January 2005 (Saint Lucia 16 Dec. 2004). This information was corroborated by a representative of the Attorney General's office, who stated that the current Criminal Code was passed in 2004 and came into force in 2005 (25 Nov. 2005a). Section 133 provides that
(1) [a] person who commits buggery commits an offence and is liable on conviction on indictment to imprisonment for -
(a) life, if committed with force and without the consent of the other person;
(b) ten years, in any other case.
(2) Any person who attempts to commit buggery, or commits an assault with intent to commit buggery, commits an offence and is liable to imprisonment for five years.
(3) In this section "buggery" means sexual intercourse per anus by a male person with another male person (Saint Lucia 2004).
The government's Website also states that "[a]ny unlawful homosexual act can now constitute rape and rape is now defined as any unsolicited or un-consensual sexual act with any other person." (ibid. 16 Dec. 2004).
According to an article in Caribbean Net News, the vice president of the Saint Lucia Hotel and Tourism Association (SLHTA) "noted that the law against 'buggery' is not being enforced" (30 July 2005). In another article appearing in the St. Lucia Star, it is stated that "[w]hile the government does not go around arresting people who are suspected to be gay, a climate of fear and intolerance prevails" (30 July 2003). One gay Saint Lucian, who wanted to remain anonymous, stated that he was "legally defenseless against discrimination, harassment, and violence" (ibid.). A publication of the Department of Information Services of Saint Lucia stated that "in illegal situations, there's a natural tendency for persons to go underground. Then there's stigmatization and discrimination which too can drive people at risk ... underground to avoid ridicule" (Saint Lucia, 12 July 2003).
PlanetOut indicates that there is a spa in Saint Lucia that welcomes gay people (n.d.). However, the Website also mentions that Saint Lucia "isn't especially gay-friendly" (ibid.).
The following information was provided in a telephone interview with the official in charge of police services in Saint Lucia (25 Nov. 2005b): Although the official stated that the section of the Criminal Code dealing with buggery was used a few years ago, to his knowledge, no individuals were currently being arrested for homosexual activities. He stated that he did not understand why this provision was still in the Criminal Code as, in practice, it is not being enforced. He stated that most homosexuals are "in the closet" and that most of them would not openly come out as being gay. However, he gave one example of a male cross-dresser who goes out publicly dressed as a female. He was attacked by three other men, was sodomized, and had to seek medical treatment. However, he continues to present himself as a cross-dresser. When asked if the police take such attacks seriously, the official indicated that police do take them seriously and that in this case, police did prosecute the offenders for the assault. However, he stated that there was no specific protection for homosexuals, and indicated that the government was trying to put in place a witness protection program but that it still had not been established. He stated that in general, attacks on homosexuals were "not that big a problem." Information specific to the situation of bisexuals could not be found among the sources consulted by the Research Directorate within time constraints.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
Caribbean Net News. 30 July 2005. Shervon Alfred. "St Lucian Law May Permit Same-sex Marriage, Says Local Hotelier." International Lesbian and Gay Association (ILGA). 3 February 2004. "EU Priorities for the 60th Session of the UN Commission on Human Rights." PlanetOut.com. N.d. Andrew Collins. "St. Lucia's Le Sport Resort – Gay Friendly in the Caribbean." Reding, Andrew. December 2003. Sexual Orientation and Human Rights in the Americas. New York, NY: World Policy Institute. Saint Lucia. 25 November 2005a. Attorney General's Chambers. Telephone interview with the Director of Legislative Drafting. Saint Lucia Star [Castries]. 4 February 2005. Jason Sifflet. "Sexual Offenses and Indecency: The Naked Truth!" Sodomy Laws. 2 November 2003. "St. Lucia." Additional Sources Consulted
Oral Sources:
Attempts to consult two sources through correspondence were unsuccessful within the time constraints of this Response.
Caribbean Association for Feminist Research and Action (CAFRA) was unable to provide information.
Canadian High Commission was unable to provide information.
Internet sites, including:
Advocate.com; Agua Buena Human Rights Association; Amnesty International; Association of Caribbean States (ACS); DataLounge; Factiva; Freedom House; Gay.com; Gaylawnet; Gay; Lesbian and Straight Education Network (GLSEN); The Hate Crime Network; Human Rights Watch; International Gay and Lesbian Human Rights Commission (IGLHRC); Magnus Hirschfeld Centre for Human Rights; The National Gay and Lesbian Task Force; Navigaytion; Pridenet; Queer Resources Directory; Queer Theory; Radio Saint Lucia; Rainbow Query; St. Lucia Mirror; Wockner News; World Legal Information Institute (WLII).
_____. 25 November 2005b. Police Services of St. Lucia. Telephone interview with an official in charge of crime.
_____. 16 December 2004. "New Criminal Code Comes into Force on New Years's Day."
_____. 2004. Criminal Code. (Sent as correspondence to Research Directorate from Attorney General's Chambers of St. Lucia.)
_____. 12 July 2003. Department of Information Services. "Saint Lucia Nationwide."
_____. 23 August 2003. Petulah Olibert. "Gay and Outlawed in St Lucia: A Change is Coming?" Sodomy Laws Website.
_____. 30 July 2003. Richard Stern. "Caribbean AIDS Outreach Efforts Hampered by Homophobic Violence." Sodomy Laws Website.
