Tuesday, 30 June 2009

Federal Magistrates Court Rules amended from tomorrow: Australian Divorce Blog http://ow.ly/g7dm

Monday, 29 June 2009

Family Court has set out principles of stay or freeze applications in children's matters: Australian Divorce Blog http://ow.ly/g3AA
Lesbian mother fails to stop relationship between her former partner and the child - again: Aust Gay Lesbian Law Blog http://ow.ly/g3zj

Lesbian mother fails to stop relationship between her former partner and the child - again

Some months ago I blogged about the Federal Magistrates Court decision in Aldridge and Keaton, when Chief Federal Magistrate Pascoe determined that the the time of when a de facto relationship existed between a lesbian couple for the purposes of s.60H of the Family Law Act was at the time of conception, not birth. This was important, because the effect of s.60H meant that Ms Keaton, as she was not in a de facto relationship at conception was not a parent of the child for the purposes of the Family Law Act.

The mother, Ms Aldridge opposed Ms Keaton spending any time with the child, aged 3, and appealed against the orders that allowed for that time.

At the same time, Ms Aldridge sought a stay or freeze order of the orders allowing that time. Pascoe CFM also refused that, so Ms Aldridge also appealed that refusal to grant a stay.

The stay appeal has recently been heard by the Full Court of the Family Court. Ms Aldridge was unsuccessful.

Reasons by the Chief Federal Magistrate in refusing the stay

His Honour stated:


I have given extensive reasons as to why I decided it was in the child’s best interests to spend time with the Respondent notwithstanding the Applicant’s desire to exclude the Respondent from the child’s life and to do so on a graduated basis leading to overnight contact once a month. The issue of communication between the parties was raised at trial and there was considerable evidence that the parties could communicate civilly despite occasional difficulties and that the existing regime of weekend contact was working satisfactorily despite some stress on the part of the Applicant.

I also provided for telephone contact so that the child could have contact with the Respondent periodically between visits and I note that this telephone contact was greatly restricted as opposed to the contact that may be appropriate for older children. I weighed very carefully all of the factors in relation to the relationship between the Applicant and the Respondent including the orders made by Federal Magistrate Coakes on the application made by the Respondent and the orders made when the Applicant made an application for a stay of those orders.

Ms Knox argued that it was not in the child’s best interests to have contact with the Respondent either at all or in the alternative for a very limited period because the final conclusion of the appeal may be that the child has no contact with the Respondent.

In all the circumstances I believe it is in the child’s best interests to continue spending time with the Respondent periodically on the basis set out in the orders. The child is only 3 years old and has already had a gap of 6 months in her relationship with the Respondent because of the Applicant’s decision to stop contact. The child has been spending regular time with the Respondent since August last year and it would seem to be potentially much more harmful to the child for there to be another break in her relationship with the Respondent, if at the conclusion of the appeal process time with the Respondent was to be resumed which I believe, as outlined above, is in the child’s best interests and therefore is the most likely outcome.

I considered a limited stay of order 3(d) given the Applicant’s anxieties. However, in light of the evidence given at trial that the Respondent had after separation had the child for long periods, and the Applicant even after expressing concerns about the child’s safety had on occasion left the child in the care of the Respondent overnight, I decided that such an interruption to the contact regime was not warranted, and was not in the child’s best interests.

Accordingly, if I were to grant the stay and stop contact between the Respondent and the child or in the alternative limit that contact to three hours per month, there is in my view, potentially a much greater adjustment for the child who may by the time an appeal is heard have established new routines and lost her existing relationship with the Respondent.

Stay Principles

The Full Court of the Family Court helpfully set out the principles of stay applications:

The authorities stress the discretionary nature of the application which should be determined on its merits. Principles relevant to this matter include the following:
  • the onus to establish a proper basis for the stay is on the applicant for the stay. However it is not necessary for the applicant to demonstrate any “special” or “exceptional” circumstances;
  • a person who has obtained a judgment is entitled to the benefit of that judgment;
  • person who has obtained a judgment is entitled to presume the judgment is correct;
  • the mere filing of an appeal is insufficient to grant a stay;
  • the bona fides of the applicant;
  • a stay may be granted on terms that are fair to all parties - this may involve a court weighing the balance of convenience and the competing rights of the parties;
  • a weighing of the risk that an appeal may be rendered nugatory if a stay is not granted – this will be a substantial factor in determining whether it will be appropriate to grant a stay;
  • some preliminary assessment of the strength of the proposed appeal – whether the appellant has an arguable case;
  • the desirability of limiting the frequency of any change in a child’s living arrangements;
    the period of time in which the appeal can be heard and whether existing satisfactory arrangements may support the granting of the stay for a short period of time;
  • the best interests of the child the subject of the proceedings are a significant consideration.
Result?


His Honour did consider the option of a limited stay with the child having minimal contact with the respondent essentially based on the mother’s anxiety. The Chief Federal Magistrate rejected that option, in our view appropriately. The mother had left the child with the respondent when it had suited her previously and he had decided it was best to continue on with the regime he had set out rather than run the risk of new regimes and adjustments being imposed immediately and possibly again after appeal. There is no suggestion in this case of maintaining a satisfactory status quo. The orders envisage an increasing regime and the mother proposes a substantial reduction of the present regime.
There is nothing to suggest his Honour ignored unsatisfactory arrangements or that there had been significant events occurring after the making of his trial orders that were not taken into account.
The stay appeal is essentially a challenge to his Honour’s exercise of discretion and the weight he attributed to various matters. In this regard, we do not accept that the Chief Federal Magistrate erred in the exercise of his discretion in considering and weighing matters relevant to the grant or refusal of the stay. There being no appealable error the appeal against the refusal of the stay should be dismissed.
Have evidence as to why you need to relocate- Family Court; Australian Divorce Blog http://ow.ly/g3uS
What family lawyers should have been taught: Australian Divorce Blog http://ow.ly/g0LZ

Sunday, 28 June 2009

How counsel's aggressive conduct enabled the making of a protection order: Australian Divorce Blog http://ow.ly/g0LM
The 4 steps of property settlement: Australian Divorce Blog http://ow.ly/g0LI
The 6 grounds for setting aside property orders in Australia: Australian Divorce Blog http://ow.ly/g0Gc

Friday, 26 June 2009

UK: Wife fails in attempt to reopen property settlement when husband's shares go up http://ow.ly/fTLs

Thursday, 25 June 2009

Hip hop happy hoppies. Wallabies in Tasmania munching on opium poppies, creating crop circles: news.com.au http://ow.ly/fOpE
High Court rejects appeal bid by triple murderer: Brisbane Times http://ow.ly/fOlY
New Family Court judge appointed to Newcastle: http://ow.ly/fOjP

Tuesday, 23 June 2009

Qld: resubmitted Adoption Bill discriminates against LGBT couples but "reflects contemporary community standards" http://ow.ly/fD29
Qld to amend Property Law Act and Duties Act as a result of de facto changes to Family Law Act http://ow.ly/fD1J

Qld: Reintroduction of discriminatory Adoption Bill

The Bligh Government has reintroduced the discriminatory Adoption Bill to State Parliament. The Bill had been introduced before the last election, but not having passed, lapsed because of the election. The previous minister Margaret Keech described the earlier Bill as “world leading”.
The new Bill is in the same terms.

The Bill discriminates against same sex couples. It provides that the Anti-Discrimination Act is not to apply, and also says that adopters can be married or de facto couples who have been together for two years or more- but couples have to be heterosexual. The Bill says that a prospective adoptive parent must have a spouse of 2 years or more who “is not the same gender as the person.”

Child Safety Minister Phil Reeves said that the Bill, “which reflects contemporary community standards”, “comprehensively reforms and modernises Queensland’s 40 year old adoption laws”.

“Another important and contemporary reform introduced by the Bligh government is that eligibility to lodge expressions of interest will no longer be limited to married couples. Instead, eligibility will be opened up to de facto couples who have been in a committed relationship for at least two years,” Mr Reeves said.

Neither Phil Reeves nor Margaret Keech have been silent about the bill discriminating against same sex couples.

There has been no explanation as to why the Bill discriminates.

There has been no explanation as to how "contemporary community standards" are different in Queensland compared to those places where there is no discrimination.

As to the comments about how progressive Queensland is, these States and Territories do not discriminate on the basis of sexual orientation:

  • ACT (1993)
  • Western Australia (1994)
  • Tasmania (1988)

These States and Territories discriminate against same sex adoptions:

  • New South Wales (2000)
  • Victoria (1984)
  • Queensland (1964)
  • South Australia (1988)
  • Northern Territory (n/k)

Monday, 22 June 2009

Develpo calls for gay only floors in apartment buildings Fairfax: http://ow.ly/ftPg
Gay rights come at a price- comments: Fairfax http://ow.ly/ftNB
Equality xcomes at a price- literally-same sex couples about to miss out on benefits http://ow.ly/ftNh
NZ man accused of infecting male and female casual sexual partners, 5 years after he was diagnosed as HIV positive:ABC http://ow.ly/ftM0

Sunday, 21 June 2009

US names and shames 8 countries it says don't fully comply with Hague Convention for abducted kids: http://ow.ly/fk27 Honduras the worst

World Guide to Homophobic States

The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) and
Daniel Ottosson, Södertörn University College, Stockholm, Sweden have released the 2009 guide to homophobic States:

Afghanistan
Male/Male
Illegal
Female/Female
Illegal
Penal Code, 1976 9 CHAPTER EIGHT: Adultery, Pederasty, and Violations of Honour Article 427: ―(1) A person who commits adultery or pederasty shall be sentenced to long imprisonment. (2) In one of the following cases commitment of the acts, specified above, is considered to be aggravating conditions: a. In the case where the person against whom the crime has been committed is not yet eighteen years old. b. …
In Afghan legal terminology ―pederasty
appears to refer to intercourse between males regardless of age. The fact that paedophilia or sexual relations with persons under the age of consent falls under subsection 2(a) of article 427 indicates that this is the case. Terming sexual acts between adult men ―pederasty
has previously not been uncommon; this occurred for example in the translations of the Criminal Codes of Albania (1977) and Latvia (1933), and in the old Russian legal tradition a ―pederastusually referred to a male who had anal intercourse with another male, regardless of age.
Islamic Sharia law, criminalising homosexual acts with a maximum of death penalty, is applied together with the codified Penal law. However, no known cases of death sentences have been handed out for homosexual acts after the end of Taliban rule.

Algeria
Male/Male
Illegal
Female/Female
Illegal

Penal Code (Ordinance 66-156 of June 8, 1966) 11 12 Art. 338 - ―Any person guilty of a homosexual act shall be punished with a term of imprisonment of between two months and two years and a fine of between 500 and 2,000 Algerian dinars.

Angola
Male/Male
Illegal
Female/Female
Illegal
Penal Code of September 16, 1886, as amended in 1954 (Inherited from the Portuguese colonial era) 13 Articles 70 and 71 ad security measures on people who habitually practice acts against the order of nature, stating that such people shall be sent to labor camps.

Antigua and Barbuda
Male/Male
Illegal
Female/Female
Illegal


Sexual Offences Act of 1995 (Act No. 9) 14 Buggery Article 12. ―(1) A person who commits buggery is guilty of an offences and is liable on conviction to imprisonment - (a) for life, if committed by an adult on a minor; (b) for fifteen years, if committed by an adult on another adult; (c) for five years, if committed by a minor. (2) In this section "buggery" means sexual intercourse per anum by a male person with a male person or by a male person with a female person.

Serious indecency Article 15. ―(1) A person who commits an act of serious indecency on or towards another is guilty of an offences and is liable on conviction to imprisonment - (a) for ten years, if committed on or towards a minor under sixteen years of age; (b) for five years, if committed on or towards a person sixteen years of age or more, (2) Subsection (1) does not apply to an act of serious indecency committed in private between - (a) a husband and his wife; or (b) a male person and a female person each of whom is sixteen years of age or more; (3) An act of "serious indecency" is an act, other than sexual intercourse (whether natural or unnatural), by a person involving the use of genital organ for the purpose of arousing or gratifying sexual desire.


Bangladesh
Male/Male
Illegal
Female/Female
Legal
Penal Code, 1860 (Act XLV of 1860) 15 Section 377 ―Unnatural Offences

"Whoever voluntary has carnal intercourse against the order of nature with man, woman, or animal, shall be punished with imprisonment of either description which may extend to life, or up to 10 years, and shall also be liable to fine. Explanation: Penetration is sufficient to constitute the offence as described in this section."


Barbados
Male/Male
Illegal
Female/Female
Illegal
Sexual Offences Act 1992, Chapter 154 16 Buggery Section 9. ―Any person who commits buggery is guilty of an offence and is liable on conviction on indictment to imprisonment for life.


Serious indecency Section 12. ―(1) A person who commits an act of serious indecency on or towards another or incites another to commit that act with the person or with another person is guilty of an offence and, if committed on or towards a person 16 years of age or more or if the person incited is of 16 years of age or more, is liable on conviction to imprisonment for a term of 10 years. (2) A person who commits an act of serious indecency with or towards a child under the age of 16 or incites the child under that age to such an act with him or another, is guilty of an offence and is liable on conviction to imprisonment for a term of 15 years. (3) An act of ―serious indecency is an act, whether natural or unnatural by a person involving the use of the genital organs for the purpose of arousing or gratifying sexual desire.


Belize
Male/Male
Illegal
Female/Female
Legal
Criminal Code [CAP. 101] (REVISED EDITION 2003) 17 Unnatural Crime Section 53. ―Every person who has carnal intercourse against the order of nature with any person or animal shall be liable to imprisonment for ten years.


Bhutan
Male/Male
Illegal
Female/Female
Illegal
Penal Code 2004 18 Unnatural sex Section 213. ―A defendant shall be guilty of the offence of unnatural sex, if the defendant engages in sodomy or any other sexual conduct that is against the order of nature.
Grading of unnatural sex Section 214. ―The offence of unnatural sex shall be a petty misdemeanor.
Classes of crime Section 3. "For the purpose of this Penal Code, the classes of crimes shall be as follows: (c) A crime shall be petty misdemeanor, if it is so designated in this Penal Code or other laws and provides for a maximum term of imprisonment of less than one year and a minimum term of one month for the convicted defendant."

Botswana
Male/Male
Illegal
Female/Female
Illegal
PENAL CODE [Chapter 08:01] 19 Section 164. Unnatural offences ―Any person who; (a) has carnal knowledge of any person against the order of nature; (b) has carnal knowledge of any animal; or (c) permits any other person to have carnal knowledge of him or her against the order of nature, is guilty of an offences and is liable to imprisonment for a term not exceeding seven years.

Section 165. Attempts to commit unnatural offences ―Any person who attempts to commit any of the offences specified in section 164 is guilty of an offence and is liable to imprisonment for a term not exceeding five years.

Section 167. Indecent practices between persons ―Any person who, whether in public or private, commits any act of gross indecency with another person, or procures another person to commit any act of gross indecency with him or her, or attempts to procure the commission of any such act by any person with himself or herself or with another person, whether in public or private, is guilty of an offence.


Brunei
Male/Male
Illegal
Female/Female
Legal

PENAL CODE, CHAPTER 22, revised edition 200120 Unnatural offences. Section 377. ―Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. [S 12/97] Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

Burundi
Male/Male
Illegal
Female/Female
Illegal
On 22 April 2009 the president of Burundi signed into law a revision of the Penal Code which for the first time in history includes a prohibition of same-sex relations. Article 567 now punishes such relations with up to two years imprisonment upon conviction.


Cameroon
Male/Male
Illegal
Female/Female
Illegal
Penal Code of 1965 and 1967, as amended in 1972 22 Section 347. Homosexuality– ―Any person who has sexual relations with a person of the same sex shall be punished with a term of imprisonment of five years and a fine of between 20,000 and 200,000 francs.

Comoros
Male/Male
Illegal
Female/Female
Illegal

Penal Code of the Federal Islamic Republic of Comoros 23 Article 318. – ―(3) Without prejudice to the more serious penalties provided for in the preceding paragraphs or by articles 320 and 321 of this Code, whoever will have committed an improper or unnatural act with a person of the same sex will be punished by imprisonment of between one and five years and by a fine of 50 000 to 1 000 000 francs. If the act was committed with a minor, the maximum penalty will always be applied.

Cook Islands (New Zealand associate)
Male/Male
Illegal
Female/Female
Legal
Crimes Act 1969 24 Section 154. Indecency between males – ―(1) Every one is liable to imprisonment for a term not exceeding five years who, bring a male,- (a) Indecently assaults any other male; or (b) Does any indecent act with or upon any other male; or (c) Induces or permits any other male to do any indecent act with or upon him. (2) No boy under the age of fifteen years shall be charged with committing or being a party to an offence against paragraph (b) or paragraph (c) of subsection (1) of this section, unless the other male was under the age of twenty-one years. (3) It is not defence to a charge under this section that the other party consented.

Section 155. Sodomy – ―(1) Every one who commits sodomy is liable- (a) Where the act of sodomy is committed on a female, to imprisonment for a term not exceeding fourteen years; (b) Where the act of sodomy is committed on a male, and at the time of the act that male is under the age of fifteen years and the offender is of over the age of twenty-one years, to imprisonment for a term not exceeding fourteen years; (c) In any other case, to imprisonment for a term not exceeding seven years. (2) This offence is complete upon penetration.

(3) Where sodomy is committed on any person under the age of fifteen years he shall not be charged with being a party to that offence, but he may be charged with being a party to an offence against section 154 of this Act in say case to which that section is applicable. (4) It is no defence to a charge under this section that the other party consented.

Note that Cook Islands is a New Zealand associate, and that the laws in Cook Islands are only applicable to the islands, and not to New Zealand!

Dominica
Male/Male
Illegal
Female/Female
Illegal
Sexual Offences Act 1998 Section 14. Gross Indecency ―(1) Any person who commits an act of gross indecency with another person is guilty of an offence and liable on conviction to imprisonment for five years. (2) Subsection (1) does not apply to an act of gross indecency committed in private between an adult male person and an adult female person, both of whom consent. (3) For the purposes of subsection (2)
(a) an act shall be deemed not to have been committed in private if it is committed in a public place; and
(b) a person shall be deemed not to consent to the commission of such an act if
(i) the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent representations as to the nature of the act;
(ii) the consent is induced by the application or administration of any drug, matter or thing with intent to intoxicate or stupefy the person; or
(iii) that person is, and the other party to the act knows or has good reason to believe that the person is suffering from a mental disorder.
(4) In this section ―gross indecencyis an act other than sexual intercourse (whether natural or unnatural) by a person involving the use of genital organs for the purpose of arousing or gratifying sexual desire.
Section 16 Buggery ―(1) A person who commits buggery is guilty of an offence and liable on conviction to imprisonment for
(a) twenty-five years, if committed by an adult on a minor;
(b) ten years, if committed by an adult on another adult; or
(c) five years, if committed by a minor;
and, if the Court thinks it fit, the Court may order that the convicted person be admitted to a psychiatric hospital for treatment. (2) Any person who attempts to commit the offence of buggery, or is guilty of an assault with the intent to commit the same is guilty of an offence and liable to imprisonment for four years and, if the Court thinks it fit, the Court may order that the convicted person be admitted to the psychiatric hospital for treatment. (3) In this section ―buggery‖means sexual intercourse per anum by a male person with a male person or by a male person with a female person.


Egypt
Male/Male
Illegal
Female/Female
Unclear

Sexual relations between consenting adult persons of the same sex in private are not prohibited as such. However, Law 10/1961, aimed at combating prostitution, as well as for example Penal Code article 98w on ―Contempt for Religion‖ and article 278 on ―Shameless public acts have been used to imprison gay men in the recent years.26 Law n° 10, 1961 on 'Combating of prostitution, incitement and its encouragement': 27 Article 9 (c) "Anyone who habitually engages in debauchery or prostitution is liable to a penalty of three months to three years imprisonment and/or a fine of LE 25-300".

Eritrea
Male/Male
Illegal
Female/Female
Illegal

Penal Code of 1957 (Inherited from Ethiopian rule) 28 Art. 600. — Unnatural Carnal Offences. ―(1) Whosoever performs with another person of the same sex an act corresponding to the sexual act, or any other indecent act, is punishable with simple imprisonment. (2) The provisions of Art. 597 are applicable where an infant or young person is involved.
Art.105.- Simple Imprisonment. ―(1) simple imprisonment is a sentence applicable to offences of a not very serious nature committed by persons who are not a serious danger to society. It is intended as a measure of safety to the general public and as a punishment to the offender. Subject to any special provision of law and without prejudice to conditional release, simple imprisonment may extend for a period of from ten days to three years; such period shall be fixed by the court. (2) The sentence of simple imprisonment shall be served in such prison or in such section thereof as is appointed for the purpose.

Ethiopia
Male/Male
Illegal
Female/Female
Illegal
The Criminal Code of the Federal Democratic Republic of Ethiopia, Proclamation No. 414/2004 Article 629.- Homosexual and other Indecent Acts. ―Whoever performs with another person of the same sex a homosexual act, or any other indecent act, is punishable with simple imprisonment.
Article 630.- General Aggravation to the Crime. ―(1) The punishment shall be simple imprisonment for not less than one year, or, in grave cases, rigorous imprisonment not exceeding ten years, where the criminal:
a) takes unfair advantage of the material or mental distress of another or of the authority
he exercises over another by virtue of his position, office or capacity as guardian, tutor, protector, teacher, master or employer, or by virtue of any other like relationship, to cause such other person to perform or to submit to such an act; or b) makes a profession of such activities within the meaning of the law (Art. 92). (2) The punishment shall be rigorous imprisonment from three years to fifteen years, where: a) the criminal uses violence, intimidation or coercion, trickery or fraud, or takes unfair advantage of the victim's inability to offer resistance or to defend himself or of his feeble-mindedness or unconsciousness; or b) the criminal subjects his victim to acts of cruelty or sadism, or transmits to him a venereal disease with which he knows himself to be infected; or c) the victim is driven to suicide by distress, shame or despair.‖ Article 106.- Simple Imprisonment. ―(1) Simple imprisonment is a sentence applicable to crimes of a not very serious nature committed by persons who are not a serious danger to society. Without prejudice to conditional release, simple imprisonment may extend for a period of from ten days to three years. However, simple imprisonment may extend up to five years where, owing to the gravity of the crime, it is prescribed in the Special Part of this Code, or where there are concurrent crimes punishable with simple imprisonment, or where the criminal has been punished repeatedly. The Court shall fix the period of simple imprisonment in its judgment. (2) The sentence of simple imprisonment shall be served in such prison or in such section thereof as is appointed for the purpose.

Gambia
Male/Male
Illegal
Female/Female
Illegal
Criminal Code 1965, as amended in 2005 30 31 Article 144: Unnatural offences ―(1) Any person who (a) has carnal knowledge of any person against the order of nature; or (b) has carnal knowledge of an animal; or (c) permits any person to have carnal knowledge of him or her against the order of nature; is guilty of a felony, and is liable to imprisonment for a term of 14 years. (2) In this section- ―carnal knowledge of any person against the order of nature‖includes- (a) carnal knowledge of the person through the anus or the mouth of the person; (b) inserting any object or thing into the vulva or the anus of the person for the purpose of simulating sex; and (c) committing any other homosexual act with the person

Gaza Strip (Part of Palestinian Authority)
Male/Male
Illegal
Female/Female
Legal

Criminal Code Ordinance of 1936 Section 152 Unnatural offences ―(2) Anyone who:
(a) commits sexual intercourse with another person against the order of nature, or
(b) commits sexual intercourse with an animal, or
(c) permits or allows the above mentioned acts is considered to have committed a felony punishable by imprisonment for a term of ten years.

Ghana
Male/Male
Illegal
Female/Female
Legal

Criminal Code, 1960 (Act 29), as amended to 2003 Section 104—Unnatural Carnal Knowledge. ―(1) Whoever has unnatural carnal knowledge— (a) of any person of the age of sixteen years or over without his consent shall be guilty of a first degree felony and shall be liable on conviction to imprisonment for a term of not less than five years and not more than twenty-five years; or (b) of any person of sixteen years or over with his consent is guilty of a misdemeanour; or (c) of any animal is guilty of a misdemeanour. (2) Unnatural carnal knowledge is sexual intercourse with a person in an unnatural manner or with an animal.

Grenada
Male/Male
Illegal
Female/Female
Legal

Criminal Code as amended to 1990 Article 435. "If any two persons are guilty of unnatural connexion [sic], or if any person is guilty of an unnatural connexion with an animal, every such person shall be liable to imprisonment for ten years".

Guinea
Male/Male
Illegal
Female/Female
Illegal

Penal Code of 1998 Article 325: ―Any indecent act or act against nature committed with an individual of the same sex will be punished by six months to three years of imprisonment and a fine of 100,000 to 1,000,000 Guinean francs. If the act was committed with a minor under 21 years of age, the maximum penalty must be pronounced.

Guyana
Male/Male
Illegal
Female/Female
Legal
Criminal Law (Offences) Act Section 352 - Committing acts of gross indecency with male person: ―Any male person, who in public or private, commits, or is a party to the commission, or procures or attempts to procure the commission, by any male person, of an act of gross indecency with any other male person shall be guilty of misdemeanour and liable to imprisonment for two years.
Section 353 - Attempt to commit unnatural offences: ―Everyone who - (a) attempts to commit buggery; or (b) assaults any person with the intention to commit buggery; or (c) being a male, indecently assaults any other male person, shall be guilty of felony and liable to imprisonment for ten years.
Section 354 – Buggery: ―Everyone who commits buggery, either with a human being or with any other living creature, shall be guilty of felony and be liable to imprisonment for life.

India
Male/Male
Illegal
Female/Female
Legal

THE INDIAN PENAL CODE, 1860, ACT NO. 45 Section 377. ―Unnatural offences.--Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1*[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation.-Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. ―1. Subs, by Act 26 of 1955, s. 117 and Sch., for "transportation for life."

Indonesia
Male/Male
Legal*
Female/Female
Legal*

Same-sex relations are not prohibited according to the national Penal Code. The only provision to deal with such relations is article 292 which prohibits sexual acts between persons of the same sex, if committed with a person under the legal age. However, in 2002 the national parliament gave the Aceh province the right to adopt Islamic Sharia laws. Such laws do apply to Muslims only. Moreover, for example the city of Palembang in South Sumatra has introduced jail time and hefty fines for same-sex relations.


Iran
Male/Male
Illegal
Female/Female
Illegal
Islamic Penal Code of Iran of 1991 40 ―Part 2: Punishment for Sodomy Chapter 1: Definition of Sodomy Article 108: Sodomy is sexual intercourse with a male. Article 109: In case of sodomy both the active and the passive persons will be condemned to its punishment. Article 110: Punishment for sodomy is killing; the Sharia judge decides on how to carry out the killing. Article 111: Sodomy involves killing if both the active and passive persons are mature, of sound mind and have free will. Article 112: If a mature man of sound mind commits sexual intercourse with an immature person, the doer will be killed and the passive one will be subject to Ta‘azir of 74 lashes if not under duress. Article 113: If an immature person commits sexual intercourse with another immature person, both of them will be subject to Ta‘azir of 74 lashes unless one of them was under duress.
Chapter 2: Ways of proving sodomy in court ―Article 114: By confessing four lashes to having committed sodomy, punishment is established against the one making the confession. Article 115: A confession made less than four lashes (to having committed sodomy) does not involve punishment of ―Had but the confessor will be subject to Ta‘azir (lesser punishments). Article 116: A confession is valid only if the confessor is mature, of sound mind, has will and intention. Article 117: Sodomy is proved by the testimony of four righteous men who might have observed it. Article 118: If less than four righteous men testify, sodomy is not proved and the witnesses shall be condemned to punishment for Qazf (malicious accusation). Article 119: Testimony of women alone or together with a man does not prove sodomy. Article 120: The Shariajudge may act according to his own knowledge which is derived through customary methods. Article 121: Punishment for Tafhiz (the rubbing of the thighs or buttocks) and the like committed by two men without entry, shall be hundred lashes for each of them. Article 122: If Tafhiz and the like are repeated three lashes without entry and punishment is enforced after each time, the punishment for the fourth time would be death. Article 123: If two men not related by blood stand naked under one cover without any necessity, both of them will be subject to Ta‘azir of up to 99 lashes. Article 124: If someone kisses another with lust, he will be subject to Ta‘azir of 60 lashes.
Article 125: If the one committing Tafhiz and the like or a homosexual man, repents before
the giving of testimony by the witnesses, his punishment will be quashed; if he repents after the giving of testimony, the punishment will not be quashed. Article 126: If sodomy or Tafhizis proved by confession and thereafter he repents the Shariajudge may request the leader (Valie Amr) to pardon him.
Part 3: Lesbianism ―Article 127: Mosaheqeh (lesbianism) is homosexuality of women by genitals. Article 128: The ways of proving lesbianism in court are the same by which the homosexuality (of men) is proved. Article 129: Punishment for lesbianism is hundred (100) lashes for each party. Article 130: Punishment for lesbianism will be established vis-a -vis someone who is mature, of sound mind, has free will and intention. Note: In the punishment for lesbianism there will be no distinction between the doer and the subject as well as a Muslim or non-Muslim. Article 131: If the act of lesbianism is repeated three lashes and punishment is enforced each time, death sentence will be issued the fourth time. Article 132: If a lesbian repents before the giving of testimony by the witnesses, the punishment will be quashed; if she does so after the giving of testimony, the punishment will not be quashed. Article 133: If the act of lesbianism is proved by the confession of the doer and she repents accordingly, the Sharia judge may request the leader (ValieAmr) to pardon her. Article 134: If two women not related by consanguinity stand naked under one cover without necessity, they will be punished to less than hundred (100) lashes (Taazir). In case of its repetition as well as the repetition of punishment, hundred (100) lashes will be hit the third time.

Iraq
Male/Male
Unclear
Female/Female
Unclear

After the American invasion in 2003 the Penal Code of 1969 was reinstated in Iraq. This code does not prohibit same-sex relations. However, various reports have shown that self-proclaimed Sharia judges have sentenced people to death for committing homosexual acts, and that militias frequently have kidnapped, threatened and killed LGBT people. This has been confirmed by the UN-body UNAMI. The situation for LGBT people is all but safe in Iraq as of publication of this report.

Jamaica
Male/Male
Illegal
Female/Female
Legal

The Offences Against the Person Act 45 Article 76 (Unnatural Crime) "Whosoever shall be convicted of the abominable crime of buggery [anal intercourse] committed either with mankind or with any animal, shall be liable to be imprisoned and kept to hard labour for a term not exceeding ten years."

Kiribati
Male/Male
Illegal
Female/Female
Legal
Penal Code [Cap 67] Revised Edition 1977 Unnatural Offences Section 153. ―Any person who- (a) commits buggery with another person or with an animal; or (b) permits a male person to commit buggery with him or her, shall be guilty of a felony, and shall be liable to imprisonment for 14 years.

Attempts to commit unnatural offences and indecent assaults Section 154. ―Any person who attempts to commit any of the offences it specified in the last preceding section, or who is guilty of any assault with intent to commit the same, or any indecent assault upon any male person shall be guilty of a felony, and shall be liable to imprisonment for 7 years.

Indecent practices between males Section 155. ―Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, shall be guilty of a felony, and shall be liable to imprisonment for 5 years.

Kuwait
Male/Male
Illegal
Female/Female
Legal

Penal Code, Law No. 16 of June 2, 1960, as amended in 1976 48 Article 193. ―Consensual intercourse between men of full age (from the age of 21) shall be punishable with a term of imprisonment of up to seven years.

Such relations with a man under 21 years of age are criminalised by article 192.

Lebanon
Male/Male
Illegal
Female/Female
Illegal
Penal Code of 1943 Article 534. ―Any sexual intercourse against nature is punished with up to one year of imprisonment

Lesotho
Male/Male
Illegal
Female/Female
Legal

Sodomy is prohibited as a common-law offence. It is defined as ―unlawful and intentional sexual relationship per anum between two human males

Liberia
Male/Male
Illegal
Female/Female
Illegal

Penal Law, Revised Liberian Statutes Section 14.74 on VOLUNTARY SODOMY makes it an offence to engage in ―deviate sexual intercourse under circumstances that is not covered in Section 14.72 or 14.73. The offence is classified as a first degree misdemeanor.

Libya
Male/Male
Illegal
Female/Female
Illegal
Penal Code of 1953 53 Article 407: Sexual assault/rape ―(1) Any individual who has sexual intercourse with another person using violence, by means of threats or through deception shall be punished with a term of imprisonment of a maximum of ten years. (2) This punishment shall also be imposed on any individual who has had sexual intercourse with the consent of a person who was not yet 14 years of age or with a person who did not resist on account of mental or physical disability. If the victim was not yet 14 years of age or was over 14 years of age but had not yet reached the age of 18, the maximum term of imprisonment shall be 15 years. (3) If the offender is a relative of the victim, a guardian, a tutor or a custodian, or if the victim is his servant, or if the victim has a special dependant relationship to the offender, a term of imprisonment of between five and 15 years shall be imposed. (4) If an individual has sexual intercourse with another person with their consent (outside marriage), the two persons involved shall be punished with a term of imprisonment of five years at most.‖Article 408: Lewd acts ―(1) Any individual who commits lewd acts with a person in accordance with one of the methods specified in the preceding article shall be punished with a period of imprisonment of five years at most. (2) This punishment shall also be imposed if the act has been committed in agreement with a person who was not yet 14 years of age or with a person who did not resist on account of a mental or physical disability. If the victim was between the ages of 14 and 18, the term of imprisonment shall be at least one year.
(3) If the offender belongs to one of the groups of offenders specified in paragraphs (2)
and (3) of Article 407, a term of imprisonment of at least seven years shall be imposed. (4) If an individual commits a lewd act with another person with their agreement (outside marriage), both parties shall be punished with a term of imprisonment.‖


Malawi
Male/Male
Illegal
Female/Female
Legal
Penal Code Cap. 7:01 Laws of Malawi Section 153 ―Unnatural offences―Carnal knowledge of any person against the order of nature or "permitting a male person to have carnal knowledge of [a male or female person] against the order of nature - up to fourteen years imprisonment, with or without corporal punishment. Section 156 ―Indecent practices between males

Gross indecency with another male person in public or private – up to five years imprisonment.


Malaysia
Male/Male
Illegal
Female/Female
Illegal
Penal Code (Consolidated version 1998) 55 Unnatural Offences Section 377A.Carnal intercourse against the order of nature. ―Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature. Explanation: Penetration is sufficient to constitute the sexual connection necessary to the offence described in this section.

Section 377B.Punishment for committing carnal intercourse against the order of nature. ―Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.

Section 377C. Committing carnal intercourse against the order of nature without consent, etc. ―Whoever voluntarily commits carnal intercourse against the order of nature on another person without the consent, or against the will, of the other person, or by putting other person in fear of death or hurt to the person or any other person, shall be punished with imprisonment for a term of not less than five years and not more than twenty years, and shall also be liable to whipping. Section 377D. Outrages on decency.
―Any person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any person of, any act of gross indecency with
another person, shall be punished with imprisonment for a term which may extend to two years.

Moreover, several states in Malaysia have instated Islamic Sharia laws, applying to male and female muslims, criminalising homosexual and lesbian acts with up to three years imprisonment and whipping.56 The Sharia Penal law in the Malaysian state of Syriah prescribes penalties for sodomy (Liwat) and lesbian relations (Musahaqat) with fines of RM5,000.00, three years imprisonment and 6 lashes of the whip. All these penalties can be combined.


Maldives
Male/Male
Illegal
Female/Female
Illegal
The Penal Code of Maldives does not regulate sexual conduct. It is instead regulated by uncodified Muslim Sharia law, which criminalises homosexual acts between both men and between women. For men the punishment is banishment for nine months to one year or a whipping of 10 to 30 strokes, while the punishment for women is house arrest for nine months to one year. There have been reports of women being sentenced to a whipping as well for lesbian acts.

Mauritania
Male/Male
Illegal
Female/Female
Illegal
Penal Code of 1984 61 ―ART. 308. - Any adult Muslim man who commits an impudent act against nature with an individual of his sex will face the penalty of death by public stoning. If it is a question of two women, they will be punished as prescribed in article 306, first paragraph. ―ART. 306(1). - Any person who commits an outrage on public decency and Islamic morals or violates the sacred places or assists in the breach, will be punished by a sentence of between three months to two years imprisonment and a fine of 5,000 to 60,000 UM, if such action is not covered by the crimes of Ghissass or Diya.

Mauritius
Male/Male
Illegal
Female/Female
Legal

Criminal Code of 1838 62 Section 250 Sodomy and bestiality ―(1) Any person who is guilty of the crime of sodomy or bestiality shall be liable to penal servitude for a term not exceeding 5 years.

Morocco
Male/Male
Illegal
Female/Female
Illegal

Penal Code of November 26, 1962 63 Article 489. ―Any person who commits lewd or unnatural acts with an individual of the same sex shall be punished with a term of imprisonment of between six months and three years and a fine of 120 to 1,000 dirhams, unless the facts of the case constitute aggravating circumstances.

Mozambique
Male/Male
Illegal
Female/Female
Illegal

Penal Code of September 16, 1886, as amended in 1954 (Inherited from the Portuguese colonial era) 64 Articles 70 and 71 ad security measures on people who habitually practice acts against the order of nature, stating that such people shall be sent to labor camps.

Myanmar/Burma
Male/Male
Illegal
Female/Female
Legal
Penal Code, Act 45/1860, Revised Edition 65 Section 377 ―Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animals shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to 10 years, and shall be liable to fine.

Namibia
Male/Male
Illegal
Female/Female
Legal

Sodomy remains a crime in Nambia according to the Roman-Dutch common-law, which was imposed by the South Africans. Common-law is a legal tradition based mainly on precedent court verdicts, why there is no codified sodomy provision in Nambia.

Nauru
Male/Male
Illegal
Female/Female
Legal
Criminal Code of Queensland in its application to Nauru on 1 July 1921 Section 208. Unnatural Offences ―Any person who: (1) Has carnal knowledge of any person against the order of nature; or (2) Has carnal knowledge of an animal; or (3) Permits a male person to have carnal knowledge of him or her against the order of nature; is guilty of a crime, and is liable to imprisonment with hard labour for fourteen years" Section 209. Attempt to commit Unnatural Offences ―Any person who attempts to commit any of the crimes defined in the last preceding section is guilty of a crime, and is liable to imprisonment with hard labour for seven years. The offender cannot be arrested without warrant.

Oman
Male/Male
Illegal
Female/Female
Illegal

Penal Code, 1974 71 Article 223. ―Any individual who commits sexual acts with a person of the same sex shall be prosecuted, even if no complaint is made, for committing homosexual or lesbian acts if the act causes a public nuisance and shall be punished with a term of imprisonment of between six months and three years.

Pakistan
Male/Male
Illegal
Female/Female
Legal
Penal Code (Act XLV of 1860) 72 Section 377 ‗nnatural offences "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which shall not be less than two years nor more than ten years, and shall also be liable to a fine."

Palau
Male/Male
Illegal
Female/Female
Legal

Palau National Code; Penal Code 73 § 2803. Sodomy. ―Every person who shall unlawfully and voluntarily have any sexual relations of an unnatural manner with a member of the same or the other sex, or shall have any carnal connection in any manner with a beast, shall be guilty of sodomy, and upon conviction thereof be imprisoned for a period of not more than 10 years; provided, that the term ―sodomyshall embrace any and all parts of the sometimes written ―abominable and detestable crime against nature

Papua New Guinea
Male/Male
Illegal
Female/Female
Legal
Criminal Code 1974, as amended in 2002 74 Section 210. UNNATURAL OFFENCES. ―(1) A person who (a) sexually penetrates any person against the order of nature; or (b) sexually penetrates an animal; or (c) permits a male person to sexually penetrate him or her against the order of nature, is guilty of a crime. Penalty: Imprisonment for a term not exceeding 14 years.
(2) A person who attempts to commit an offence against Subsection (1) is guilty of a crime. Penalty: imprisonment for a term not exceeding seven years.
Section 212. INDECENT PRACTICES BETWEEN MALES. ―(1) A male person who, whether in public or private (a) commits an act of gross indecency with another male person; or (b) procures another male person to commit an act of gross indecency with him; or (c) attempts to procure the commission of any such act by a male person with himself or with another male person, is guilty of a misdemeanour. Penalty: Imprisonment for a term not exceeding three years.

Qatar
Male/Male
Illegal
Female/Female
Illegal

The Penal Code (Act No. 11 of 2004) Sexual acts with a female over the age of 16 are prohibited by article 281, while sexual acts with a male are prohibited by article 284. The penalty is up to seven years imprisonment for both female and male acts. Along with the civil Penal Code also Islamic Sharia law is in force in Qatar, although only applicable to Muslims. The offence of ―Zina‖makes any sexual act by a married person outside of marriage punishable by death, while sexual acts by non-married persons are punish by flogging both offences no matter if they were heterosexual or homosexual.

Saint Kitts and Nevis
Male/Male
Illegal
Female/Female
Legal

Offences against the Person Act Section 56 ―The abominable crime of buggery- up to 10 years imprisonment, with or without hard labour. Section 57 ―Whosoever attempts to commit the said abominable crime, or is guilty of any assault with intent to commit the same, or of any indecent assault upon any male person, is guilty of misdemeanour, and being convicted thereof shall be liable to be imprisoned for any term not exceeding four (4) years with or without hard labour.

Saint Lucia
Male/Male
Illegal
Female/Female
Illegal

Criminal Code, No. 9 of 2004 (Effective January 1, 2005) 79 Gross Indecency Section 132.— ―(1) Any person who commits an act of gross indecency with another person commits an offence and is liable on conviction on indictment to imprisonment for ten years or on summary conviction to five years. (2) Subsection (1) does not apply to an act of gross indecency committed in private between an adult male person and an adult female person, both of whom consent. (3) For the purposes of subsection (2) — (a) an act shall be deemed not to have been committed in private if it is committed in a public place; and (b) a person shall be deemed not to consent to the commission of such an act if — (i) the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent representations as to the nature of the act; (ii) the consent is induced by the application or administration of any drug, matter or thing with intent to intoxicate or stupefy the person; or (iii) that person is, and the other party to the act knows or has good reason to believe that the person is suffering from a mental disorder. (4) In this section ―gross indecency is an act other than sexual intercourse (whether natural or unnatural) by a person involving the use of the genital organs for the purpose of arousing or gratifying sexual desire.

Buggery Section 133.— ―(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 Vincent and the Grenadines
Male/Male
Illegal
Female/Female
Illegal
Criminal Code, 1990 Edition 80 Section 146 ―Any person who — (a) commits buggery with any other person; (b) commits buggery with an animal; or (c) permits any person to commit buggery with him or her; is guilty of an offence and liable to imprisonment for ten years.‖

Saudi Arabia
Male/Male
Illegal
Female/Female
Illegal
There is no codified Penal Law in Saudi Arabia. Instead, the country applies strict Islamic Sharia law. According to the interpretation sodomy is criminalised. For a married man the penalty is death by stoning, while the penalty for an unmarried man is 100 blows of the whip as well as banishment for a year. For a non-Muslim, who commits sodomy with a Muslim, the penalty is death by stoning. For conviction of sodomy, it must be proved either by confession of the culprit four times, or ―testimony of four trustworthy Muslim men. Moreover all sexual relations outside of marriage are illegal in Saudi-Arabia according to the Sharia law, including sexual relations between women.

Senegal
Male/Male
Illegal
Female/Female
Illegal
Penal Code of 1965 84 Article 319:3. ―Without prejudice to the more serious penalties provided for in the preceding paragraphs or by articles 320 and 321 of this Code, whoever will have committed an improper or unnatural act with a person of the same sex will be punished by imprisonment of between one and five years and by a fine of 100,000 to 1,500,000 francs. If the act was committed with a person below the age of 21, the maximum penalty will always be applied.

Seychelles
Male/Male
Illegal
Female/Female
Legal

Criminal Code of 1955 85 Section 151. ―Any person who – a. has carnal knowledge of any person against the order of nature; or b. has carnal knowledge of an animal; or c. permits a male person to have carnal knowledge of him or her against the order of nature, is guilty of a felony, and is liable to imprisonment for fourteen years.

Sierra Leone
Male/Male
Illegal
Female/Female
Legal

Offences against the Person Act 1861 86 Section 61 of the above named act, criminalises buggery and bestiality, with a penalty of life imprisonment.

Singapore
Male/Male
Illegal
Female/Female
Legal

Penal Code (Chapter 22), Revised Edition 2007 87 Outrages on decency. Section 377A. ―Any male person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be punished with imprisonment for a term which may extend to 2 years.

Section 377 criminalising ―carnal knowledge against the order of nature has been repealed by the Penal Code (Amendment) Act 2007, No. 51, which came into force on 1 February 2008.


Solomon Islands
Male/Male
Illegal
Female/Female
Illegal
Penal Code (Revised Edition 1996) 88 Section 160. Unnatural offences ―Any person who- (a) commits buggery with another person or with an animal; or (b) permits a male person to commit buggery with him or her, shall be guilty of a felony, and shall be liable to imprisonment for fourteen years.

Section 161. Attempts to commit unnatural offences ―Any person who attempts to commit any of the offences specified in the last preceding section, or who is guilty of any assault with intent to commit the same, or any indecent assault indecent assaults upon any male person shall be guilty of a felony, and shall be liable to imprisonment for seven years.
Section 162. Indecent practices between persons of the same sex (Inserted by Act 9 of 1990, s. 2) ―Any person who, whether in public or private - (a) commits any act of gross indecency with another of the same sex; (b) procures another of the same sex to commit any act of gross indecency; or (c) attempts to procure the commission of any act of gross indecency by persons of the same sex, shall be guilty of a felony and be liable to imprisonment for five years.

Somalia
Male/Male
Illegal
Female/Female
Illegal

Penal Code, Decree No. 5/1962 (Effective April 3, 1964) 89 Article 409 Homosexuality ―Whoever (a) has carnal intercourse
(b) with a person of the same sex shall be punished, where the act does not constitute a more serious crime, with imprisonment from three months to three years. Where a) the act committed b) is an act of lust different from carnal intercourse, the punishment imposed shall be reduced by one-third.

Article 410 Security Measures ―A security measure may be added to a sentence for crimes referred to in Articles 407, 408, and 409.

Somalia has not had a functioning central government since the fall of the dictator Mohamed Siad Barre in 1991, and the enforcement of the national Penal Code can be questioned. In the southern parts Islamic courts rule, having imposed Islamic Sharia law punishing homosexual acts with death penalty or flogging. However, Somaliland in the north has declared itself independent, and it still applies the Penal Code.

Sri Lanka
Male/Male
Illegal
Female/Female
Illegal
Penal Code of 1883 No 2 (Cap. 19) 91 Article 365 ―Volontarily carnal intercourse with man, woman or animal against the order of nature - imprisonment for a term which may extend ten years.Article 365A (as introduced by the ―Penal Code (Amendment) Act, No. 22 of 1995‖)92 ―Any person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any person of any act of gross indecency with another person, shall be guilty of an offence and shall be punished with imprisonment of either description for a term which may extend to two years or with a fine, or with both and where the offence is committed by a person over eighteen (18) years of age in respect of any person under sixteen (16) years of age shall be punished worth rigorous imprisonment for a term not less than 10 years and not exceeding 20 years and with a fine and shall also be ordered to pay compensation of amount determined by court to the person in respect of whom the offence was committed for the injuries caused to such a person.

Sudan
Male/Male
Illegal
Female/Female
Illegal
The Penal Code 1991 (Act No. 8 1991) 93 Section 148 Sodomy. ―(1) Any man who inserts his penis or its equivalent into a woman's or a man's anus or permitted another man to insert his penis or its equivalent in his anus is said to have committed Sodomy.
(2) (a) Whoever commits Sodomy shall be punished with flogging one hundred lashes and he shall also be liable to five years imprisonment. (b) If the offender is convicted for the second time he shall be punished with flogging one hundred lashes and imprisonment for a term which may not exceed five years. (c) If the offender is convicted for the third time he shall be punished with death or life imprisonment.
Section 151. Indecent Acts ―Whoever commits an act of gross indecency upon the person of another person or any sexual act which does not amount to Zina or Sodomy shall be punished with not more than forty lashes and shall also be liable for imprisonment for a term which may not exceed one year or fine.
In 2003 the south parts of Sudan (also known as New Sudan) gained some autonomy, and adopted its own Penal Code the same year. As the federal Penal Code, this Penal Code criminalises sodomy, however with a milder punishment, according to the following section: Section 318. Unnatural Offences: ―Whoever has carnal intercourse against the order of nature with any person and whoever allows any person to have such intercourse with him commits an offence and shall on conviction, be punished with imprisonment for a term not exceeding ten years and may also be liable to fine; and if such intercourse is done without consent he shall be punished with imprisonment for a term not exceeding fourteen years and may also be liable to fine; provided that a consent given by a person below the age of eighteen years to such intercourse shall not be deemed to be a consent within the meaning of this section. Explanation: Penetration is sufficient to constitute the carnal knowledge necessary to the offence described in this section.

Swaziland
Male/Male
Illegal
Female/Female
Legal
Sodomy - sexual intercourse per anus between two human males - is prohibited as a common law offence. The Government has plans to include prohibitions of all male homosexual acts and lesbian acts in its revision of the Sexual Offences laws. The proposed penalties are imprisonment for a minimum period of two years, or a minimum fine of E5 000. It has, however, not been adopted as of publication of this report.

Syria
Male/Male
Illegal
Female/Female
Illegal

Penal Code of 1949 Article 520. ―Any unnatural sexual intercourse shall be punished with a term of imprisonment of up to three years.

Tonga
Male/Male
Illegal
Female/Female
Legal
Laws of Tonga, Criminal Offences [Cap 18] 1988 Edition 101 Sodomy and bestiality. Section 136. ―Whoever shall be convicted of the crime of sodomy with another person or bestiality with any animal shall be liable at the discretion of the Court to be imprisoned for any period not exceeding ten years and such animal shall be killed by a public officer. (Substituted by Act 9 of 1987.) Attempted sodomy, indecent assault upon a male. Section 139. ―Whoever shall attempt to commit the said abominable crime of sodomy or shall be guilty of an assault with intent to commit the same or of any indecent assault upon any male person shall be liable at the direction of the Court to imprisonment for any term not exceeding 10 years.
Evidence. Section 140. ―On the trial of any person upon a charge of sodomy or carnal knowledge it shall not be necessary to prove the actual emission of seed but the offence shall be deemed complete on proof of penetration only.
Whipping for certain offences. Section 142. ―Whenever any male person shall be convicted of any offence against sections 106, 107, 115, 118, 121, 122, 125, 132, 136 and 139 of this Act the Court may, in its discretion in lieu of or in addition to any sentence of imprisonment authorised under this Act order the person so convicted to be whipped in accordance with the provisions of section 31 of this Act.
(Substituted by Act 9 of 1987.)

Trinidad and Tobago
Male/Male
Illegal
Female/Female
Illegal

Sexual Offences Act 1986, Consolidated Version 2000 102 Section 13. ―(1) A person who commits buggery is guilty of an offence and is liable on conviction to imprisonment— (a) if committed by an adult on a minor, for life; (b) if committed by an adult on another adult, for twenty-five years; (c) if committed by a minor, for five years. (2) In this section ―buggery means sexual intercourse per anum by a male person with a male person or by a male person with a female person.
Section 16. ―(1) A person who commits an act of serious indecency on or towards another
is guilty of an offence and is liable on conviction to imprisonment (a) if committed on or towards a minor under sixteen years of age for ten years for a first offence and to imprisonment for fifteen years for a subsequent offence; (b) if committed on or towards a person sixteen years of age or more for five years. (2) Subsection (1) does not apply to an act of serious indecency committed in private between (a) a husband and his wife; or (b) a male person and a female person each of whom is sixteen years of age or more, both of whom consent to the commission of the act. (3) An act of ―serious indecencyis an act, other than sexual intercourse (whether natural or unnatural), by a person involving the use of the genital organ for the purpose of arousing or gratifying sexual desire.


Tunisia
Male/Male
Illegal
Female/Female
Illegal
Penal Code of 1913 (as modified) 103 Article 230. ―The sodomy, that is not covered by any of the other previous articles, is punished with imprisonment for three years

Turkish Republic of Northern Cyprus (unrecognised state)
Male/Male
Illegal
Female/Female
Legal

Criminal Code, Chapter 154 104 Article 171. Whoever (a) has sexual intercourse against the order of nature with any person, or (b) allows sexual intercourse against the order of nature with a male, commits a heavy crime and is punished with up to five years imprisonment. Article 173. ―Whoever attempts to commit one of the crimes mentioned above in art. 171, commits a heavy crime and is punished with up to three years imprisonment.There are plans to repeal these articles, but such a reform has not occurred as of publication of this report.

Turkmenistan
Male/Male
Illegal
Female/Female
Legal

Criminal Code of 1997 (Effective January 1, 1998) 105 Article 135. Sodomy ―(1) Sodomy, that is the sexual relations of the man with the man, is punished by imprisonment for the term of up to two years.

Yemen
Male/Male
Illegal
Female/Female
Illegal

Penal Code 1994 115 Article 264. ―Homosexuality between men is defined as penetration into the anus. Unmarried men shall be punished with 100 lashes of the whip or a maximum of one year of imprisonment, married men with death by stoning.
Article 268. ―Homosexuality between women is defined as sexual stimulation by rubbing. The penalty for premeditated commission shall be up to three years of imprisonment; where the offence has been committed under duress, the perpetrator shall be punishable with up to seven years detention.

Zambia
Male/Male
Illegal
Female/Female
Legal
The Penal Code Act, 1995 Edition 116 Section 155. ―Any person who- (a) has carnal knowledge of any person against the order of nature; or (b) has carnal knowledge of an animal; or (c) permits a male person to have carnal knowledge of him or her against the order of nature; is guilty of a felony and is liable to imprisonment for fourteen years. (As amended by No. 26 of 1933) Unnatural offences‖Section 156. ―Any person who attempts to commit any of the offences specified in the last preceding section is guilty of a felony and is liable to imprisonment for seven years. (As amended by No. 26 of 1933) Attempt to commit unnatural offences‖Section 158. ―Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony and is liable to imprisonment for five years. (As amended by No. 26 of 1933) Indecent practices between males

Zimbabwe
Male/Male
Illegal
Female/Female
Legal

CRIMINAL LAW (CODIFICATION AND REFORM) ACT (Effective July 8, 2006) 117 Section 73. Sodomy
―(1) Any male person who, with the consent of another male person, knowingly performs with that other person anal sexual intercourse, or any act involving physical contact other than anal sexual intercourse that would be regarded by a reasonable person to be an indecent act, shall be guilty of sodomy and liable to a fine up to or exceeding level
fourteen or imprisonment for a period not exceeding one year or both. (2) Subject to subsection (3), both parties to the performance of an act referred to in subsection (1) may be charged with and convicted of sodomy. (3) For the avoidance of doubt it is declared that the competent charge against a male person who performs anal sexual intercourse with or commits an indecent act upon a young male person (a) who is below the age of twelve years, shall be aggravated indecent assault or indecent assault, as the case may be; or (b) who is of or above the age of twelve years but below the age of sixteen years and without the consent of such young male person, shall be aggravated indecent assault or indecent assault, as the case may be; or (c) who is of or above the age of twelve years but below the age of sixteen years and with the consent of such young male person, shall be performing an indecent act with a young person.

Saturday, 20 June 2009

No right of appeal from Childrens Ct to Qld Ct of Appeal in some cases: Qld Ct of Appeal http://ow.ly/fd5g
Report Launch: Mothers and the Child Protection System, University of Qld on 9 July
Prenup signed by pregnant Thai wife 3 days before wedding set aside- husband did not disclose, engaged in duress: court http://ow.ly/fcPm
Foreign lawyer is not a lawyer for the purposes of a prenup/binding financial agreement: Federal Magistrates Court http://ow.ly/fcOt
Greater than 1 in 10, possibly as many as 1 in 5 Aussie kids have mental health problems: research http://ow.ly/f9Gb
Sobering statistics about drinking, smoking in pregnancy, smoking in the home http://ow.ly/fchh
Pumpkin's Dad found guilty of murdering his wife. Jury took 24 hours after 100 witnesses: Brisbane Times http://ow.ly/f9mw
Estranged wife stabs paraplegic ex-husband, fails on appeal Courier-Mail: http://ow.ly/f9lV
Here's an idea: what if the Government introduced voluntary gay marriage? Lisa Pryor: Sydney Morning Herald http://ow.ly/f9nG
Fewer than 1500 same sex couples have registered ahead of Centrelink changes on 1 July: Sydney Morning Herald http://ow.ly/f9mW
US: Recession keeps family lawyers busy, wealthy couples getting divorced in greater numbers: National Law Journal http://ow.ly/f9lQ
HIV positive migrants face deadly barriers: Human Rights Watch http://ow.ly/f9kw

HIV-Positive Migrants Face Deadly Barriers: Human Rights Watch

International groups, nations and donors should give increased attention to the protection of human rights and the HIV-prevention and treatment needs of migrants, Human Rights Watch said in a report released today. The report was issued in advance of the UNAIDS Programme Coordinating Board meeting in Geneva on June 22, 2009.
The 22-page report, "Discrimination, Denial, and Deportation: Human Rights Abuses Affecting Migrants Living with HIV," describes how discrimination and human rights abuses faced by migrant populations result in increased vulnerability to HIV infection and barriers to care and treatment.
"Discriminatory laws and policies that deny migrants' access to prevention and treatment threaten progress on the global fight against AIDS," said Joseph Amon, director of the Health and Human Rights Division at Human Rights Watch. "HIV treatment interruptions can lead to more infections, the development of drug resistance, and death."
Hundreds of millions of people cross borders annually, travelling and migrating for work or school, for family reasons, or to flee persecution or natural disasters. Millions of others move within countries. Yet, even while pledging to achieve ‘universal' access to HIV prevention, treatment, care, and support by 2010, nations have largely failed to remove barriers and ensure that internal and international migrants have access to HIV services. Instead, many countries have discriminatory laws and policies that restrict the entry, stay, or residence of persons living with HIV and limit the access of internal and international migrants to treatment. Many countries deport migrants without considering whether HIV treatment will be available in their country of origin.
In its report, Human Rights Watch called on nations, international agencies and donors, and nongovernmental organizations to work jointly on law reform and provision of services to ensure freedom from discrimination and continuity of treatment for HIV-positive migrant populations worldwide.
Such discriminatory laws and policies can have devastating results. The report documents:
The deportation of migrants who test positive for HIV in Saudi Arabia.
How the vestiges of an internal registration system hinder access to free health care for internal migrants in China and Russia.
The striking gap between South Africa's guarantees to refugees, asylum seekers, and especially undocumented migrants of access to health care and the harsh reality.
How HIV-positive individuals deported from the United States often face harsh conditions and a lack of access to health care back in their country of origin.
Nations, international agencies, donors and nongovernmental organizations should continue to demand that countries that have HIV-related restrictions on entry, stay, and residence repeal them immediately and entirely, Human Rights Watch said. Restrictions on access to HIV/AIDS treatment based on origin and citizenship should be immediately eliminated, and deportation laws sending people living with HIV to countries where adequate treatment is unavailable should be reconsidered.
"Since the onset of the epidemic, the vulnerability to HIV infection faced by migrants has been well known," said Amon. "But donors and governments continue to fail to ensure that migrants can access HIV-prevention programs and neglect their urgent need for treatment. Instead of ‘universal access,' migrants face denial and deportation."

Source: Human Rights Watch
Joe marries Annie, becomes Jo- and they're still together Courier-Mail http://ow.ly/f7xx

Wednesday, 17 June 2009

Sobering stats about children's deaths and injuries from the national health survey http://ow.ly/ezun
China bans sex changes for criminals: news.com.au http://ow.ly/ez1s Between 100,000 and 400,000 people are waiting for the surgery.

60% of Australians support gay marriage: poll

According to Fairfax, a poll commissioned by Australian Marriage Equality shows that 60% of Australians supported same sex marriage, and recognising overseas same sex marriages.

The poll showed majorities in all groups except those over 50 (45%) and coalition voters (50%). Greens supporters had the highest approval (82%), followed by young people, on 74%.

For the full story, click here.
Child safety 'horror stories' detailed in Parliament: ABC http://ow.ly/eyZf

Tuesday, 16 June 2009

Victoria: domestic violence roadshow goes to Hume region http://ow.ly/emT6
How true. Facebook is "evidentiary goldmine" for family lawyers: ABA Journal http://ow.ly/emSL

Monday, 15 June 2009

Family Court defines "meaningful relationship" in Family Law Act: http://ow.ly/e8LE
Family Court: previously abducting mother allowed to return to Ireland http://ow.ly/e8Lx
Greens to push for ceremonies in ACT civil partnerships: LOTL http://ow.ly/e8Fi . Rudd likely to quash any changes.

Saturday, 13 June 2009

Law school was never like this for me! Australian/AAP http://ow.ly/dOBQ

Wednesday, 10 June 2009

Stalking- the four part test http://ow.ly/dgSm

Tuesday, 9 June 2009

Tycoon murdered his gay partner, to be with his 19 year old lover news.com.au http://ow.ly/d5Rc
RT @harleyd: Gay rugby players to tackle homophobia on the Footy Show: http://bit.ly/a85lG League can learn much from Union & AFL.
Ex-lover alleged to have raped, to ensure she locked house properly: News Ltd http://ow.ly/d5R3

Monday, 8 June 2009

Parents' abusive behaviour can alter children's genes: researchers http://ow.ly/cNJ0
Scientists: 9x higher risk of later suicide for 8 y.o.boys with psych issues, whose parents separated, v those who don't http://ow.ly/cNEH
"Don't be afraid to be yourself": first female to male transexual to play competition football: Brisbane Times http://ow.ly/cIzx
Though circumcision cuts HIV rates, Aussie doctors will leave boys uncut, for now at least: Brisbane Times http://ow.ly/cIzD

Saturday, 6 June 2009

West Virginia Supreme Court says lesbian foster parents don't have to give the child back to a more "traditional" couple http://ow.ly/bnaj
Gay friendly Brisbane priest given worldwide ban- excommunication probly next. He now to be civil celebrant. ABC: http://ow.ly/bmZx
Upset- my favourite steak place, "Brisbane's Worst Vegetarian Restaurant"- Norman Hotel- burns down. One man burnt. Lunch diners out safely.
Traumatising for those couples- some US papers won't print ads about civil unions/commitment ceremonies: Pinknews http://ow.ly/bmUY

Thursday, 4 June 2009

Family Court sets out summary of Family Law Rules changes http://ow.ly/b2SA
Family Court sets out summary of Family Law Rules changes

Wednesday, 3 June 2009

Cheney hints that he supports gay marriage: "people ought to be free to enter into any kind of union they wish" http://ow.ly/aOoc
I was interviewed by Sydney radio 2SER today about the challenge to Prop 8 in California for their show http://ow.ly/aP1M Radio Atticus

Tuesday, 2 June 2009

US state of Nevada recognises domestic partnerships: Las Vegas Sun http://ow.ly/aAm6

Amazing things happened today...

First thing this morning, in the mail came a small parcel- which contained a bunch of Queensland Police promotional pens and keyrings promoting their LGBTI liaison officers.



This is the Queensland Police system to hopefully make police less confronting to and more accepting of LGBTI people when they have to deal with the boys and girls in blue.



Yesterday I was interviewed by news.com.au about a gay Queenslander whose sister had her egg fertilised by a donor and who is now his surrogate.





I heard nothing more about the story, until I was called by the producer of Howard Sattler's progam on Perth's 6PR this afternoon, who had picked it up off the web.



Then it was the interview with Howard Sattler-which seemed to go well. And the weirdest part? Sitting on hold, listening to Howard's progam waiting to get on- and lsitening to Perth's traffic report. So I was sitting in Brisbane, on the other side of the continent, at peak hour listening to a traffic report about Perth.
NZ: Pumpkin's dad on trial for murder of her mum. Defence wanted and got an all female jury: ABC http://ow.ly/aztx
And then I spoke on Perth's 6PR with Howard Sattler
News.com.au quoted me, largely accurately ina story about a gay Qld dad whose sister is his surrogate http://ow.ly/axOM
Last week's mixer at Brisbane Central Leads Club http://ow.ly/akN8
Qld to set up domestic violence death review panels http://ow.ly/alqP

Monday, 1 June 2009

Lover jailed over bisexual stab row: Brisbane Times http://ow.ly/alsD
Prince raped, tortured me: model: News Ltd http://ow.ly/als5
Family Law Act and domestic violence training in Melbourne- registration closes Wednesday http://ow.ly/alqI

Survey to stop gay hate in Queensland: iPhone to be won

Researchers from Bond and Griffith Universities are looking for input from members of the gay, lesbian, bi-sexual, transgendered and intersexed (GLBTI) communities in Queensland who have experienced violence and harassment.

Anonymous surveys will ask questions about Queenslanders’ homophobic experiences in a bid to understand and provide better protection for the GLBTI communities. (Survey website www.stopgayhatenow.com)

According to a study conducted by the Australia Research Institute in 2003-2004, Queensland was identified as one of the least progressive states when it comes to attitudes about homosexuality. Griffith's Socio-Legal Adjunct Research Fellow Dr Alan Berman said his research aimed to develop legislative initiatives; increase awareness of crimes triggered by homophobic attitudes and improve victims’ access to appropriate policing services.

“Next to surveys, we are also holding six focus groups throughout metropolitan and regional Queensland, to explore the personal experiences of GLBTI persons,” Dr Berman said.

The research is in collaboration with Bond University and funded by Legal Practitioners Interest on Trust Accounts Fund. Professor Shirleene Robinson from Bond University said people could fill out the survey at the upcoming Brisbane Pride Festival stalls on Saturday 13 June.

“Griffith and Bond University stalls at Musgrave Park in South Brisbane will provide surveys and we encourage those who have experienced homophobic crimes to take a few minutes to fill out this vital information,” Professor Robinson said. “All respondents who fill out the survey, including online respondents, will enter the draw to win an Apple iPhone.” Dr Berman said it was critical to investigate the real and the perceived barriers in accessing justice for victims of homophobic crimes.

“When we understand the barriers, we need to ensure shifts in attitudes as well as changes in legislation,” Dr Berman said.

“Law alone does not change the rate of crime, there needs to be a change in legal enforcement agencies’ culture and the general population’s attitudes to prevent such devastating harassment, violence and crimes.”