Senior State Attorney in the chambers of the Attorney General, Vanica Sobers-Joseph has responded to those persons who think that the state did not defend their case as it relates to the recent court ruling involving the Sexual Offences Act. Sobers-Joseph who was addressing a press conference recently organized by the Ministry of National Security and Legal Affairs said that statement is an incorrect characterization of what happened.
On Monday, April 22, 2024, the Dominica High Court ruled that sections 14 & 16 of the Sexual Offences Act which punishes homosexual sex, is unconstitutional. This recognizes the right of same-sex adults to have consenting sexual activities in privacy.
The ruling effectively decriminalizes homosexual sex in the country. The decision has far-reaching implications for human rights and the role of religion in Dominica.
“I know that there may be certain persons who are of the opinion that the way the state presented their case we did not defend the case and I would like to say that is not a correct characterization of what happened,” she remarked.
Sobers-Joseph continued, “With a constitutional claim when it is filed with an affidavit, you will often find an affidavit in reply, and if a document, in this case, is seen and there is no defense written anywhere on it… I would like to clarify that an affidavit in reply known as a defense in constitutional claim was filed on behalf of the state.”
She explained that at the time the affidavit was filed, the state presented, and was quoted in the court judgement, “the law being as it was then, was subject to being discriminatory to certain members of the public or put certain members of the public in fear of how they could live their life.”
Sobers-Joseph made it clear that the police don’t enter into private citizens’ homes and try to regulate their conduct within the confines of their homes.
“The constitution protects that,” she stated. “Whatever you do within the confines of your home, the constitution will protect you in as much as a criminal complaint is not made against you.”
Meanwhile, Sobers-Joseph went on to state that the law never has and, as with this case, will not in the future seek to arrest and charge anybody for acts done by two consenting adults.
Thank you madam for your clarity on the matter