Last edited: March 31, 2006


Bahamas

  • Statute:
  • Penalty:
  • Restrictions:
"The 1991 "Sexual Offences and Domestic Violence Act" states that sexual activity between consenting adults of the same sex is not an offence in private but is an offence in a public place punishable by up to 20 years in prison. This law clearly discriminate against homosexuals (singles out a particular social group for prosecution) as it does not apply to heterosexuals who are found engaging in sexual activity in a public place. There is a law regarding indecent exposure but that law seemingly changes when the parties involved are of the same sex."

1992: "a British gay man who was detained in the Bahamas has left the island after charges of having had sex with another man in public were dropped. This newly created offence [of sexual intercourse in a public place] is punishable with up to 20 years imprisonment. He was subsequently recharged on two charges of gross indecency. At a plea bargaining he pleaded guilty and was granted a conditional discharge for six months. He has now left the island but has lost his job has a result of the prosecution. The new law was introduced in 1991 by the Bahamian Parliament as the Sexual Offences and Domestic Violence Act. The new offence is Article 16 (2) b." (ILGA Bulletin 3/92 p. 8)

The 1991 law replaces the law referred to in the Pink Book, which stated as follows: "Sections 390 and 530 Penal Code criminalize homosexual acts between men, with a penalty of up to 10 years' imprisonment. Section 529 criminalizes homosexual contacts between women, with a penalty of up to 2 years' imprisonment. Laws are still enforced to a certain degree."

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