A lawyer is challenging the constitutionality of Antigua and Barbuda’s buggery laws

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Defence attorney Andrew O’kola

A lawyer is challenging the constitutionality of Antigua and Barbuda’s buggery law.

 

Last week, defence attorney Andrew O’kola informed High Court Judge Justice Ann-Marie Smith that he had filed a constitutional motion against the law.

 

The Sexual Offences Act defines buggery as sexual intercourse per anum by a male person with a male person or by a male person with a female person.

 

The offense carries a maximum sentence of life imprisonment if committed by an adult on a minor and 15 years if committed by an adult on another adult.

 

Minors can be jailed for up five years if they are convicted of buggery.

The offense, which criminalizes both consensual and non-consensual sex acts, has seen challenges in a number of Caribbean countries in recent years.

 

O’kola announced this latest action shortly after two of his clients pleaded not guilty to the offense before Justice Smith.

 

The male defendants, who are jointly accused of sexually assaulting a woman at Cooks Estate in May of 2017, also pleaded not guilty to rape.

The case will resume in June.

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29 COMMENTS

  1. Finally a lawyer decides to fight against the injustice of the oppressive laws against buggery. You would believe that there are other constitutional matters of great importance that would take priority over buggery, but no. Kick down this back door law and let people be free from tyranny. Maybe they can have a celebration like Emancipation day when they are successful.

    Out ancestors must really be so proud of us fighting for more freedom.

  2. Of all the bad legislations on the book this is the one the lawyer chose to challenge…..

    Something is drastically wrong with the mental capacity of black people.

    Not the prison situation
    Not the land situation
    Sovereignty situation

    Buggery penis and anus????? He must be the latter…….

  3. #Money run things! The “buggery/bullpooper” laws which are on the books were put their by the same Order’s[Flavians, Catholicism, Windsor, etc] which introduced these “buggery/bullpooper” lifestyles as normal to the HUEman population, then to cover their tracks, save face and look like they’re not responsible pass these Laws to hide their own indulgence in these behaviors.

    Carnival and the Bacchanal of Dionysus, Bacchus will be even amped/revved up even more now! Money run things, and the Buggery Orders well loaded with it.

    De #ShitShankers Crew mussah a laugh no rass!

      • @U sure…so a wey Lesbian kum een, cause dem no hab(well beside dem tongue) a silicone mek fu dem dick, and a #money run fu dem tings, no?
        So, dick cyan never trump money! Money mek dick!
        All de sweet, big, lang trang dick and U no hab money, U girl will leave U, fu wan next gyal dat hab money, and tek de silicone.

  4. Dear lawyer sir…Don’t you try new things?? Are you being a hypocrite? Why are you so concerned about buggery?? what’s the catch?? Carry on

  5. I’m imagining a heterosexual couple having consensual anal intercourse on one of our 365 beaches (don’t’ be naïve this happens more often than you think) and the police caught them in mid-stroke, and they are sentenced to 15 years in prison. Who am I to judge, if it’s non-consensual that’s a different matter.

    Everyone is entitled to their own opinion, but I have always remembered this strapping fellow, a real ladies man, who went out of his way to condemn homosexuals, he was eventually caught having sexual relations with another man and that was in the 80s, so I am a bit wary when I read homophobic comments because I don’t know what they are doing behind closed doors.

  6. “O’kola my big foot”

    Is this fool even Antiguan? These people come from where we don’t know and want to force their foreign perversions on respectable people. No, No, No…

  7. Its beyond time we get over this ridiculous homophobia we harbour in antigua! These anti-gay laws are BRITISH COLONIAL understandings of sexuality, not reflective of decent healthy society. If we are against racism we must be against homophobia, oppression is oppression whether race, gender, class or sexual orientation. For those outraged, these prejudices did not exist in pre-colonial africa – https://daily.jstor.org/the-deviant-african-genders-that-colonialism-condemned/

    I hope we can actually move beyond this childish “FYAH PON DAT!!!” attitude that pervades our islands, its a disgrace, and its exactly what the white man would have said about blackness in the days of slavery.

  8. About time and while this is going on, throw out the stupid antiquated law about selling alcohol on good Friday and the rest of the easter days.

  9. Anything to save the said minister of government who is before the court accused of kicking in someone back-door 🚪 without their permission. Look how they are fighting to change constitutional law to save a minister of government behind. Not in this country the law stay as it is. Any changes is for double life sentence if found guilty of breaking this law.

  10. Same thing crossed my mind friends in high places trying to save a minister of government, alot of issues need to be adress that is more important

  11. It is amazing how you can tell an individual’s IQ and EQ just by their response to an article about an attorney defending a client. You very easily tell those of us who actually went to school, paid attention and finished school vs those thugs that run around our country looking for two nickels to rub together. Grow up, keep your shallow comments to yourself, and break the circle of poverty and become a real Antiguan. We can talk about slavery and oppression, but we are going to allow our country, the country I was born in, to have buggery laws on the books? What year is this? Who are we?

  12. Whilst i agree that with consent it should not be illegal, i feel that this is just to try and get his clients only convicted of rape, and not both crimes. Antigua does not really convict people of buggery (consenting adults), but it seems like the evidence is there in this case, so they’re likely to get a double conviction. If their lawyer really cared about the buggery law, they would of challenged it when 2 of his clients were not up on the charge along with rape.

  13. The Lawyer,based on what I read is defending his clients. They are charged with rape and buggery of a woman. Who bugger the boat man? It wasn’t me.

    • In the “free world” people are murdered based on the colour of their skin. School shootings are a dime a dozen and people don’t give a hoot about their neighbors.

      You can stay in the “free world”

  14. This is so SICK all the other laws on the books this is the ONLY thing this clown is worried about get a life and find something to do that would benefit the people of the country. Shame on you and reshuffle your brain

  15. So proud of Mr. O’kola for challenging this outdated and unconstitutional law! What two consenting adults decide to do in the privacy of their home is their business and no one else’s. I can’t believe a law like this even exists in 2021! Good riddance – I truly hope Mr. O’kola prevails.

  16. Buggery and homosexuality does not exist in Mother Africa, except where it was introduced by white colonialists. Buggery is a white man thing. They can be pretty dirty you know.

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