Same-sex sexual activity legal? Legal | Discrimination protections No | |
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Restrictions: Same-sex marriage constitutionally banned | ||
Lesbian, gay, bisexual, and transgender (LGBT) persons in the Dominican Republic may face legal challenges not experienced by non-LGBT residents. While the Criminal Code does not expressly prohibit homosexuality or cross-dressing, it also does not address discrimination or harassment on the account of sexual orientation or gender identity. Household headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples.
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Legality of same-sex sexual activity
Sexuality between consenting adults of the same sex in private has been legal in the Dominican Republic since 1822. The age of consent is set at eighteen for both same-sex and different-sex sexual relations. Members of the police force and the military are nevertheless subject to different legal standards. The National Police Law of 1954 prohibits police officers from engaging in sexual activity with someone of the same sex and a similar ban exists for members of the military.
Article 330 of the Criminal Code criminalizes any act that is deemed to be in violation of "decorum and good behavior" in public, and imposed fines and up to two years imprisonment. This law has sometimes been used by police officers to harass, fine or jail same-sex couples who engage in public displays of affection.
Recogntition of same-sex relationships
The family law statutes of the Dominican Republic do not recognize any legal status between persons of the same-sex, neither marriage nor any marriage-like relationship like civil partnership or domestic partnership. The Constitution was amended in 2010 to say in Article 55 that "The State shall promote and protect the family organization based on the institution of marriage between a man and a woman", as part of a series of changes that banned abortion, stripped native-born children of illegal immigrants of their citizenship, and authorized the private ownership of beaches.
Discrimination protections
Discrimination on account of sexual orientation or gender identity is not illegal in areas such as employment, education, housing, health care, banking, transportation, government services and public accommodations. As a result, many LGBT people feel the need to remain in the closet and reports of anti-gay discrimination are quite common.
Hate crimes
LGBT people in the Dominican Republic have sometimes been the targets of violence. From 2006 to 2009, official sources reported the murder of at least 14 transgender sex workers. Bias-motivated crimes have also been reported against LGBT people from the middle and upper classes, including TV producer Micky Breton and Claudio Nasco. Other prominent people who have the targets of such violence include film director Jean Luis Jorge, journalist Víctor Gulías, Dr. Jesús Díaz Almánzar, and William Cordero. In 2014, Van Teasley, a visiting American lawyer, was found murdered in his Santo Domingo apartment.
In 2016, a new Penal Code has been drafted and would include provisions banning hate crimes on the basis of sexual orientation. Penalties would range between 30 to 60 years imprisonment. In addition, those who cause torture, cruel, inhuman and degrading treatment to anyone because of their sexual orientation, could be sentenced to 30 to 40 years in prison.
Access to health care services
Citizens of the Dominican Republic have a constitutional right to access health care services. Health care programs for the LGBT community in the Dominican have generally focused on AIDS/HIV education, which are often run by non-governmental organizations.
Public attitudes
The socially conservative mores of the Catholic Church and evangelical Protestant denominations hold significant sway in both public policy and prevailing attitudes surrounding LGBT rights. Recent reports suggest that signs of a visible, politically active LGBT community are often targets of a government crackdown, often with the support of religious leaders.
In the summer of 2006, several gay clubs and bars in Santo Domingo were shut down as part of a program of police harassment.
In 2012, members of the police department crashed the LGBT Pride Parade in Santo Domingo and arrested individuals at the parade on the ground that marchers were improperly using the Dominican Republic's flag.
According to a Pew Research Center survey conducted between 2 November 2013 and 2 February 2014, 25% of respondents supported same-sex marriage and 72% opposed it.
Due to the majority of residents having conservative views, including opposition to homosexuality, the major political parties in the Dominican Republic have not expressed much public support for LGBT rights legislation.
Prostitution
Prostitution has become a harsh necessity for some members of the LGBT community, who find it difficult to earn their living in the formal economic sector because of high levels of discrimination and harassment that LGBT people often face. Poverty, drug addiction and violence often surround the men and transgender people who become prostitutes.
Non-governmental organizations
Amigos Siempre Amigos (English: Friends Always Friends) is a non-governmental organization (NGO) in the Dominican Republic that promotes health in the LGBT community.
Diversidad Dominicana is an activist organization that supports LGBT rights.