Lesbian, gay, bisexual, and transgender (LGBT) people living in Saint Lucia face legal challenges not experienced by non-LGBT members of the population.
Same-sex sexual activity is illegal for males and females in Saint Lucia.
Criminal Code, No. 9 of 2004 (Effective January 1, 2005)
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 Lucia was also the only UN member in the Americas to formally oppose the UN declaration on sexual orientation and gender identity.
Article 131 of the Labour Code, enacted in 2006, bans "unfair dismissal" based on sexual orientation.
