In a judgment released today, the Caribbean Court of Justice (CCJ) in its Appellate Jurisdiction, allowed the appeal of the Commissioner of Police, in the matter of Commissioner of Police v Stephen Alleyne [2022] CCJ 2 (AJ) BB. The CCJ has found that in Barbados the law permits a man to be charged for the rape of another man. The CCJ heard the appeal on 9 November 2021. Stephen Alleyne was charged with the offence of rape contrary to the Sexual Offences Act.
Before the start of the evidence in his trial, he was released by the magistrate after hearing submissions that the charge alleged that Alleyne had sexual intercourse with another man without his consent. The magistrate decided that the crime of rape (s 3(1)) did not extend to anal intercourse between men.
On appeal by the Commissioner of Police, the majority in the Court of Appeal agreed with the magistrate’s decision. The Commissioner of Police appealed to the CCJ. The CCJ, in a judgment authored by Justice Barrow, found that on a correct interpretation of s 3 (1) of the Act read with s 3 (6), a man can be charged for the rape of another man.
The Act uses gender-neutral language to identify both perpetrator and victim and extends the definition of rape to include anal penetration. The Court found that considering the literal meaning of the words used in the Act, their context, and comparable legislation, any person; male or female, can be the offender or victim of rape. The retention in the legislation of the offence of buggery did not prevent males from being charged with rape, as the Interpretation Act allows offenders to be charged with either offence, once they are not punished twice for the same act.
The Court noted that it is aware that the issue of the constitutionality of the offence of buggery has been adjudicated in several courts, including some within the Caribbean. However, the issue did not arise for decision, and in the circumstances, it was the duty of the Court to exercise proper judicial restraint and not decide on an issue that was not argued.
In a separate judgment, Justice Jamadar, entirely supported the opinion of Justice Barrow and agreed that the Act permits a man to be charged for the rape of another man. Justice Jamadar found when judges are interpreting legislation, they must also respect the fundamental rights in the Constitution and consider a state’s international treaty commitments. A gender-neutral interpretation of the Act respects the right to protection of the law regardless of sex, and the prohibition against discriminatory laws under the Constitution. It also respects Barbados’ international law commitments to ensure equality before the law regardless of gender and the enjoyment of fundamental rights and freedoms without restrictions based on sex.
In a dissenting judgment, Justice Burgess found that the Act does not create an offence of rape of a male by another male and would have dismissed the appeal. He considered that under the common law, only a man could commit rape and only against a woman. He found that the Act does not purport to do anything as revolutionary as changing the common law to create an offence of rape by a male of another male.
For Parliament to do so, it would have had to express that intention in clear and unambiguous language. He considered the natural and ordinary meaning and legal meaning of the words used in s 3, as well as their context in the Act as a whole and the rules of natural justice. He found that the words ‘sexual intercourse’ used in creating the statutory offence, means penile-vaginal penetration. He found that s 3(6) of the Act, modifies the common law by providing that, not only a man can commit the act of rape, but any of the parties to sexual intercourse, a male, or a female, can do so. That is an offender may also be female.
The appeal was therefore allowed and the case remitted to the Magistrate’s Court for it to proceed with the preliminary inquiry. The Court was presided over by the Honourable Mr. Justice Saunders, President, sitting with the Honourable Justices Wit, Anderson, Rajnauth-Lee, Barrow, Burgess, and Jamadar. The Appellant was represented by Ms. Krystal Delaney and Mr. Oliver JM Thomas and the Respondent by Mr. Arthur E Holder. The full judgment of the Court is available on the Court’s website at www.ccj.org
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The CCJ must have.nothing to do .
Clearly there are slow days in that court and these are supposed to be smart people .
What are they going to find out next? That Covid is a real thing? CCJ= Caribbean Court of Jokers
Men can be raped by men. Sodomy
Yes, there are some nasty men out there, filthy as they come. Let the fire fall. They stink like crap. Sheesh! Sub-human, some would say. Hmmmm.
Man raped man almost every day in Antigua and Barbuda. Sometimes seeing these young men driving around in vehicles with others guys smoking weed and drinking alcohol, reminds me of the past. That is how a lot of men raped each other. Once they become tipsy, you would find one or two of them start to cress each other in the vehicle. It is not all of them that would take part in such behavior but most of them do. I was a victim once. Please be aware of the person’s behavior you’re hanging out with especially your own gender/sex, in their vehicles.
Sorry this happened to you.
You all missed the point. The Court is seeking to get past semantics and British culture and deal with rights and justice. It is about time thst our Constitution and our culture and how we speak in our part of the world be the basis of our justice.
I call it murder!! Entering a man’s backside by force is the one of the most demoralizing and emasculating acts. It does great damage to the to a male’s ego. Leads to drinking, violence, suicide, drug use. Females are affected almost equally whether penetrated from the front or back by force, BUT only who feels it really knows…
I call it murder in the third degree! It can kill and/or lead to murder in the firstdegree!!
Lots of preacher man like to rape the little boys.
That almost happened to me. Bring back the stripper pole bus.
Get your own username and stop being a copycat boss. The UPP has raped Antigua and Barbuda of resources,including the Wilmoth Daniel STRIPPER POLE BUS
How can the UPP rape Antigua and Barbuda and still implement and executed all these social programs, including increased pensioners benefits, several news hotels opened across the island (investors), the Cuban roads repair project, Vivi-Richard Stadium, Five Island Building Campus, Completed the MSJMC building, and the new Library, New V.C. International Airport, Barbuda received a major road rehabilitation and Fishery Complex, etc. The list is so long that I had to stop there. The UPP government had less revenue to work with compares to what this present government is receiving with the help of the CIP.
Please check ya facts sleepy joe. Upp did NOT build the library fisheries or mount st john. When they saw they were going down in 2009 they did their “soft” opening and let’s not forget the imf program the now leader put us in allu think people forget
Correct decision by CCJ.
A man was buggered against his will, that is rape.
As a society we have developed over the years to better hear women rape victims & support them. (still a ways to go)
Now the laws against buggery need to be repealed.
Gay men live openly around the world, including Antigua. Like any person, they have the possibility to contribute to society through taxes, civil organizations, charitable volunteering and within their workplaces.
What happens in their bedrooms is none of my, or the public’s, business, and surely should not be criminal.
Men on the ‘down-low’ have been in our society for decades seemingly without being called-out or castigated. Their ability to negatively impact innocent peoples health is great.
Not so long ago mid-life women were being gifted HIV & STD’s from their play-away husband’s; I remember the statistics in Antigua being concerning.
Seems many island politrickians see addressing Diversity Rights as personal power & enrichment suicide.
Seems many global/island ‘fire and brimstone’ preachers see addressing Inclusivity in the spirit of tolerance, as negatively affecting their collection plates and lifestyles.
We’re in 2022, scores of people under 30 do not stigmatize or shame others, they don’t get angry about personal choice issues as long as everyone is respectful of each other.
They are voters too.
Let’s all take a leaf from their playbook and build a more respectful, tolerant society that fits where the world is in 2022 and moving forwards.
Mercy… Confession is good for the soul.
That being said woman can rape men too from the front back mentally emotionally etc
“The magistrate decided that the crime of rape (s 3(1)) did not extend to anal intercourse between men”. Come again? Especially if there was no consent???
This magistrate needs to go!!
Is the magistrate a sodomist rear-ender?
Buggary without consent. A sexual assault. Put a charge on it. What more you want?
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