Grenada

Same-sex sexual activity is prohibited under the Criminal Code 1987, which criminalises ‘grossly indecent acts’ and acts of ‘unnatural connexion’. This provision carries a maximum penalty of ten years’ imprisonment. Only men are criminalised under this law.

The law was inherited from the British during the colonial period, in which the English criminal law was imposed upon Grenada. Grenada retained the provision upon independence and continues to criminalise same-sex sexual activity today.

There is little evidence of the law being enforced in recent years, with only one confirmed case of an LGBT person being arrested for consensual sex, which did not result in a prosecution. There have been few reports of discrimination and violence being committed against LGBT people in recent years, likely due in part to the limited space for the LGBT community in public life.

2019

On 1 November, ECADE announced the launch of five legal challenges to the criminalisation of private, consensual same-sex sexual activity in Antigua and Barbuda, Barbados, Grenada, St. Kitts and Nevis and St. Lucia, all expected to be filed by the end of 2019. ECADE Executive Director, Kenita Placide, said: “This is four years in the making. While the process of litigation is important, the main part of this journey was to strengthen the organisations and the communities within the countries they serve. We also needed to understand how these laws contribute to the stigmatisation of lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI) people, how they legitimise hate speech, discrimination and violence and tear at the heart of the family that our society, including our governments, have sworn to protect.”

2016

A proposal to extend the constitutional protection of certain groups as part of the 2016 constitutional referendum was overwhelmingly rejected by voters, apparently due to concerns that the language in the amendment might lead to the legalisation of same-sex marriage.

2015 

Civil society organisations GrenChap and Groundation Grenada filed a petition with the Inter-American Commission of Human Rights (IACHR) challenging Section 431. The IACHR urged the state to decriminalise same-sex relationships.

2023

The US Department of State report for 2023, consistent with reports in recent years, noted that the government did not actively enforce the criminalising provision.

2020

The US Department of State report for 2020, similarly to reports in recent years, noted that the government did not actively enforce the criminalising provision.

In October, media reported on an incident in which a video of a man having sex with another man was leaked online. The man faced threats and abuse as a result. The police declined to investigate or press charges under anti-LGBT laws, with the Director of Public Prosecutions stating that the laws were obsolete and unconstitutional.

2015

A submission by GrenCHAP to the second cycle of the Universal Periodic Report of Grenada claimed there had been two cases of people being charged under the law. The first was a case in 2011 (possibly the case below) which resulted in a six year sentence. The other case allegedly resulted in a withdrawn charge.

2011 

In May, a 41-year-old man was arrested after having sex with a 17-year-old man (the age of consent in Grenada is 16).

2024

Freedom House notes in its Freedom in the World report that LGBT people “face significant societal discrimination, including threats of violence and public hostility.”

2023

In June, openly gay singer-songwriter, model and actor Josiah “Jonty” Robinson was found dead on BBC Beach in St George’s. The investigation concluded that he was murdered, with his friends believing it was motivated by homophobia. His friend Tyler Perry, Hollywood writer and producer, offered a $100,000 reward for information in relation to the killing. Later in the year, local media reported that a suspect had been arrested and released on bail, with police denying that the victim was killed because of his sexual orientation.

The US Department of State report claimed that there were no reports that police or government agents incited, perpetuated, condoned, or tolerated violence against LGBT people. However, it noted that following the Robinson killing, there was an increase in homophobic comments on social media and in public. Furthermore, LGBT people report harassment due to their identity.

2020

In a civil society submission to the third cycle of the Universal Periodic Review of Grenada, GrenCHAP reported on anti-LGBT discrimination which was compounded by the state’s failures to adopt legislation or public policies prohibiting it. The report noted individuals being forced out of their homes by family due to their sexual orientation or gender identity, as well as reports of landlords being unwilling to rent to LGBT people. Those in employment regularly experienced anti-LGBT sentiment and bullying, and LGBT people are less likely to be employed. Violence also remains a persistent issue, with higher exposure to physical, emotional, and sexual violence. This includes one person who experienced death threats for his sexuality, as well as a reports of rapes with victims selected due to their LGBT identity. LGBT people are reluctant to report incidents to police due to fears of arrest under homosexuality laws, and when they do, the claims are not properly investigated. LGBT people also face discrimination in accessing healthcare including being outed.

2018

The US Department of State report noted that society was generally intolerant of same-sex conduct, and most LGBT people are not open about their identities.

In March, Human Rights Watch released a report, I Have to Leave to Be Me, in which a 22-year-old lesbian from Grenada revealed the discrimination and threats she had suffered due to her sexuality. She recounted how she was bullied in school and teachers did nothing to stop it, and two incidents, one where she was chased by a man with a harpoon after hugging a girlfriend and another when she was threatened by construction workers.

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