Last updated: 30 July 2025
Same-sex sexual activity is prohibited under the Criminal Code 1988, which criminalises acts of ‘buggery’ and ‘gross indecency’. These provisions carry a maximum penalty of ten years’ imprisonment. Both men and women are criminalised under the law.
The law was inherited from the British during the colonial period, in which the English criminal law was imposed upon Saint Vincent and the Grenadines. It retained the provision upon independence and continues to criminalise same-sex sexual activity today.
There is no evidence of the law being enforced, and it appears to be largely obsolete in practice. Nevertheless, the mere existence of this provision is itself a violation of human rights and underpins further acts of discrimination (see further). There have been some reports of discrimination and violence being committed against LGBT people in recent years, including assault, verbal abuse, harassment, and familial rejection.
On 16 February, a High Court judge dismissed a legal case filed in 2019, challenging sections 146 and 148 of the Criminal Code 1988, which criminalise consensual, same-sex sexual activity. In dismissing the case, the judge held that the claimants did not have standing to bring many aspects of the constitutional challenge because they no longer live in Saint Vincent and the Grenadines, or had failed to provide sufficient evidence of historic rights violations. The judge found that the laws had interfered with the Claimants’ right to freedom of expression, but concluded this interference was justified on the grounds of public health and morality. The decision was delivered orally in court and a written judgment containing more detailed legal and factual reasons for the dismissal was issued on 20 February.
On 26 July, a case was filed by two gay men (Javin Johnson and Sean Macleish) challenging the constitutionality of sections 146 and 148 of the Criminal Code 1988, which criminalises same-sex sexual activity.
The Christian Coalition organised a rally in early November in opposition, among other things, to the legal challenge to the ‘buggery’ and ‘gross indecency’ laws. Mandella Peters, a lawyer and representative of the Christian Coalition, addressed the rally and described the challenge as an assault on religious freedoms. On 20 November, the High Court determined that 10 churches (known collectively as the ‘Christian Coalition’) would be permitted to join the litigation as interested parties, albeit limited to filing two affidavits.
Now this is not a matter on which a politician should be pronouncing upfront, given the nature of this social issue, but for civic leaders to talk about, for newspapers to write and talk about and for them to raise it.
In June, the country noted it could not join the consensus on the approval of an Organization of American States (OAS) resolution on sexual orientation, finding that: “Saint Vincent and the Grenadines is of the view that the term ‘gender expression’ is one that is not thoroughly defined internationally or that has international acceptance.”
We’ve also assessed Saint Vincent and the Grenadines’ sexual offence laws against international human rights standards. Not only does Saint Vincent and the Grenadines criminalise same-sex sexual activity, it also fails to properly protect other vulnerable groups, such as women, children, and people with disability, from sexual offences.
The US Department of State country report on Human Rights Practices noted, like preceding reports, that the laws criminalising same-sex sexual activity are rarely enforced.
In November, during the Third Cycle of Saint Vincent and the Grenadines’ Universal Periodic Review, the United Nations subregional team noted reports that LGBT people faced stigma and discrimination, including challenges in accessing basic health-care and social services, as well as finding jobs.
In July, a report from Human Rights Watch found that LGBT people in St Vincent and the Grenadines still face bias-motivated violence and discrimination in their daily life. The report exposes physical and verbal assaults, family violence, homelessness, workplace harassment, bullying, and sexual violence that LGBT individuals face under the shadow of discriminatory laws. The report illustrates that criminalisation of same-sex sexual activity gives tacit state sanction to the discrimination and violence that LGBT people experience in St Vincent and the Grenadines.
The US Department of State country report on Human Rights Practices found that there were no reports of violence against LGBT people. However, local civil society organisations reported that members of the LGBT community continued to face abuse, discrimination, and verbal harassment.
The US Department of State country report on Human Rights Practices noted that since the filing of the challenge to the criminalisation of same-sex sexual activity (see above), local civil society organisations reported an increase in physical and verbal attacks on LGBT people. This included at least four unprovoked attacks, including a stabbing, following an anti-LGBT protest.
The US Department of State country report on Human Rights Practices that anecdotal evidence suggested there was societal discrimination against LGBT people, but that local observers believed such attitudes of intolerance were slowly improving. Nevertheless, it reported two acts of violence against LGBT people due to their sexual orientation or gender identity. The first involved two “men dressed in female clothing” being chased and beaten by a crowd, none of whom were arrested. The second involved a murder during a same-sex encounter, to which the suspect admitted.
The Human Rights Watch report, I Have to Leave to Be Me, documented cases of discrimination and violence against LGBT people in Saint Vincent and the Grenadines. This included physical attacks, verbal abuse and harassment, familial rejection, and discrimination in employment.
The report of the Immigration and Refugee Board of Canada contains statements made by various NGOs in Saint Vincent and the Grenadines. The Chairman of Vincy CHAP, an NGO providing HIV education and testing in the country, stated that incidents of violence due to homosexuality since 2010 are relatively low, mainly result in minor injuries, and tend to be related to personal disputes rather than random violence. The CariFLAGS Eastern Caribbean coordinator stated that there have been cases of LGBT people being attacked and threatened in Saint Vincent and the Grenadines, and the level of violence against the community is not known due to a fear of reporting abuses against them to the police.
Trinidad and Tobago criminalises same-sex sexual activity between men. Sentences include a maximum penalty of five years’ imprisonment. There is no evidence of the law being enforced in recent years however LGBT people are subjected to discrimination and violence.
Jamaica criminalises same-sex sexual activity between men. Sentences include a maximum penalty of ten years’ imprisonment with hard labour.
Grenada criminalises same-sex sexual activity between men. Sentences include a maximum penalty of ten years’ imprisonment.
The country profiles on the Human Dignity Trust’s website are developed through a combination of in-house expertise and research, including monitoring media reports; sourcing reports from partners and stakeholders; and reviewing reports from governments and other human rights organisations.
We go to great lengths to ensure that, to the best of our knowledge, the information provided on our website is correct and up to date. If you believe that any information on our website is inaccurate, you may bring this to our attention by e-mailing [email protected].
Information on this website is provided for general use only and should not be relied on as a definitive position on the law as it applies at any given time. No liability can be accepted for any use of the information in this website and/or links from it.
a regional network that works towards LGBT equality across the Eastern Caribbean.
a local HIV-focussed organisation which advocates for equal human rights for all, including LGBT people.
Over 60 countries still criminalise LGBT people. Together, we can bring this number down. A donation today will help continue our vital support for LGBT people and governments seeking to change laws around the world.
Donate
The Human Dignity Trust is involved in a series of cases underway in the Eastern Caribbean seeking to challenge colonial-era laws that criminalise LGBT people.
Decision stands in stark contrast to previous judgments from Eastern Caribbean; upholds discriminatory colonial-era laws
In 65 countries there are still laws criminalising LGBT people which fuel stigma, legitimise prejudice and encourage violence. The Human Dignity Trust exists to change this. Your donation will help us support activists around the world to bravely challenge these discriminatory laws. Together, we can bring forward the day when no one is criminalised because of who they are or who they love.
Join our newsletter to receive regular updates about decriminalisation efforts around the world, including breaking news on key legal cases, hot off the press reports, invitations to events and messages from our Chief Executive.
