Updated: Jul 23, 2020
The Buggery Law is an important safeguard that must be retained. True freedom must not be sacrificed on the altar of leftist-humanism and pseudo-rights activism.
I have been observing the debate that has erupted in the public domain over a legal challenge to the Buggery Law of Trinidad and Tobago and the wider issues to which it relates. Without referencing any specific matter that may be engaging the attention of the Courts, I would like to make a contribution to the discourse.
Firstly, I am a Christian and I have strong convictions that are informed by a Biblical worldview. I am mindful, however, that ours is a secular state and that laws governing this nation are not subject to an individual’s religious interpretation. I would also agree that the subject being considered has significant reach beyond one’s religious position. So my conversation today would be from a broader perspective.
Most of the western world have adopted, what is referred to as, inclusive legislation. Countries which have not, are said to be backward and homophobic (now heterosexism). International bodies and funding agencies pressure governments to become compliant with “non-discriminatory” legislation. In Trinidad and Tobago, however, buggery remains illegal.
In the Sexual Offences Act Section 13 (2) “‘buggery’ means sexual intercourse per anum by a male person with a male person or by a male person with a female person.” Indeed, men having sex with men is illegal in Trinidad and Tobago, but so too is anal sex with a woman. This law, therefore, cannot be deemed discriminatory! There is equality before the Law—a fundamental human right, as enshrined in our Constitution.
The Buggery Law is an important safeguard that must be retained. With the advancement of an extreme hedonistic sexual culture, we need laws of this nature. Women in heterosexual relationships can benefit from this provision, if they feel violated by a man in this regard. During a consensual sexual encounter, if a man proceeds to engage in anal sex against the woman’s will, this provision in the Act gives her legal recourse. The man’s heinous action may not qualify as rape, since she consented to sex. But she was buggered in the process, and there is a severe penalty for that offence.
Homosexuality and HIV/AIDS
We must also consider the health implications of buggery. HIV/AIDS has been a significant treat within our society for well over 30 years. I am reminded of the historical link between homosexuality and HIV/AIDS. This pandemic has its genesis in the gay community—a fact that seems to be forgotten today. Heterosexual transmissions resulted initially through bisexuals.
According to a UNAIDS 2016 report, an estimated 31.6% of men who have sex with men, in Trinidad and Tobago, are living with HIV. This is frightening! With the closet tightly shut, there is a bit of discretion within this community. If legislation allows the door to be flung wide open, can