Article 264 criminalises the act of sodomy, whether conducted by men or by men and women, with a maximum punishment of 100 lashings or up to one year imprisonment if unmarried. Where the accused is married, a penalty of death by stoning can be imposed.1
Types of criminalisation
- Criminalises sex between men
- Criminalises sex between women
- Death penalty applies
1. Penal Code 1994, Art. 264 Homosexuality
“Homosexuality is the contact of one man to another through his posterior; both sodomites whether males or females are punished with whipping of one hundred strokes if not married. It is admissible to reprimand it by imprisonment for a period not exceeding one year punishment by stoning to death if married.” Full text.
2. Penal Code 1994, Art. 268 Lesbianism
“Lesbianism is intercourse between one female and another. Anyone engaged in this act with another shall be punished with imprisonment for a period not exceeding three years. If the act happens under coercion imprisonment may be expanded to seven years.” Full text.