Last edited: February 12, 2005


Botswana

  • Statute: Botswana Penal Code Cap. 08:01: 164-167
  • Penalty: 7 years
  • Restrictions: Applies to men only

Statute

Botswana Penal Code Cap. 08:01: 

"164 (Unnatural offences). Any person who –

(a) has carnal knowledge of any person against the order of nature;
(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 an offence and is liable to imprisonment for a term not exceeding seven years.

165 (Attempt 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.

166 (Indecent assault of boys under 14). Any person who unlawfully and indecently assaults a boy under the age of 14 years is guilty of an offence and is liable to imprisonment for a term not exceeding seven years.

167 (Indecent practices between males). 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 an offence."

"The [Botswana] Centre for Human Rights is aware of two cases where charges have been raised against individuals, however, there is not yet any conviction on these cases." 

(Swedish Foreign Office/RFSL survey - 26 Sept 1997)

[The above would appear to be limited to male: male sex, but there must be some uncertainty]

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