Sexual Offenses

• Pages: 124-125

Contenidos

• The Issue.
• Legal and Policy Considerations.
• Practice Examples.
• References.

Page 124

The Issue

MSM have often been discriminated against through statutes (and other laws) that criminalize consensual homosexual acts. In addition, MSM have at times become the targets of unwanted sexual attacks. In certain situations, they may find themselves victims of rape, especially among subgroups of male sex workers and prison populations. In men-only penal institutions, homosexual acts can contribute to higher HIV prevalence. Specific protective measures may prevent the spread of HIV for MSM. However, secrecy surrounding homosexual acts and governments' failure to address them because of the stigma associated with MSM increase HIV risk. Social stigma gives rise to laws prohibiting certain homosexual behaviors. This, in turn, leads to the marginalization of MSM, making them more vulnerable to HIV and AIDS.

Legal and Policy Considerations

Numerous countries have statutes that penalize certain sexual acts between consenting adults, regardless of gender. Often grouped under the term "sodomy laws," they may prohibit specific acts (e.g., anal sex, oral sex) as well as regulate a range of same-sex activity. Many countries actively employ these laws in a discriminatory fashion against MSM. Authorities may selectively enforce these laws against MSM, target MSM for prosecution, or use these offenses as guises for further discrimination.

Some countries, however, have sought to repeal these statutes or limit their discriminatory application. For example, many states in the United States have repealed their sodomy laws following the 2003 United States Supreme Court decision, Lawrence v. Texas, which invalidated Texas' antihomosexual laws (and similar laws in other states). In other parts of the world, sexual offense laws targeted at homosexual men vary in degrees of severity of punishments, including fines, corporal abuse, and long-term incarceration. Laws in Iran, Nigeria, Pakistan, Saudi Arabia, and Sudan may impose the death penalty for sexual offenses committed by MSM.

Practice Examples

In Lawrence v. Texas, noted above, the U.S. Supreme Court invalidated a Texas sodomy law that made it a crime for two persons of the same sex to engage in "deviate sexual intercourse" (e.g., oral or anal sex). The Court addressed whether liberty interests under the Fourteenth Amendment of the U.S. ConstitutionPage 125 protected adults in deciding how...