Article 409 criminalises “carnal intercourse with a person of the same sex” with a penalty of three months to three years imprisonment, with a lesser punishment for “an act of lust different from carnal intercourse.” Under Article 410, security measures may also be imposed. Sexual intimacy between men and between women are criminalised under this provision.1 The death penalty has been imposed by local groups.
Types of criminalisation
- Criminalises sex between men
- Criminalises sex between women
- Death penalty applies
1. Penal Code 1962, Article 409 Homosexuality
“Whoever has carnal intercourse with a person of the same sex shall be punished, where the act does not constitute a more serious crime, with imprisonment from three months to three years. Where the act committed is an act of lust different from carnal intercourse, the punishment imposed shall be reduced by one-third.
Article 410. Security Measures – A security measure may be added to a sentence for crimes referred to in Articles 407, 408, and 409.” Full text.