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ILGA_State_Sponsored_Homophobia_2012

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“Section 165. Any male person who, whether in public or private, commits any act of gross indecency with<br />

another male person, or procures another male person to commit any act of gross indecency with him, or<br />

attempts to procure the commission of any such act by any male person with himself or with another male<br />

person, whether in public or private, is guilty of a felony and is liable to imprisonment for five years.”<br />

(Sections amended by Act No. 5 of 2003)<br />

Lesotho<br />

Male/Male Illegal Female/Female Legal<br />

Sodomy is prohibited as a common-law offence. It is defined as “unlawful and intentional sexual relationship<br />

through the anus between two human males”. 148<br />

Liberia<br />

Male/Male Illegal Female/Female Illegal<br />

New Penal Law, Volume IV, Title 26, Liberian Code of Laws Revised, Approved in 1976 and Published in<br />

1978. 149<br />

Articles 14.74, 14.79 and 50.7 consider "voluntary sodomy" as a first degree misdemeanor, with a penalty of up<br />

to one year imprisonment, with sodomy being defined as "deviate sexual intercourse" between human<br />

beings who are not (living as) husband and wife, that consists of contact between penis and anus, mouth<br />

and penis, or mouth and vulva.<br />

Libya<br />

Male/Male Illegal Female/Female Illegal<br />

Penal Code of 1953 150<br />

Article 407: Sexual assault/rape<br />

“(1) Any individual who has sexual intercourse with another person using violence, by means of threats or<br />

through deception shall be punished with a term of imprisonment of a maximum of ten years.<br />

(2) This punishment shall also be imposed on any individual who has had sexual intercourse with the consent<br />

of a person who was not yet 14 years of age or with a person who did not resist on account of mental or<br />

physical disability. If the victim was not yet 14 years of age or was over 14 years of age but had not yet<br />

reached the age of 18, the maximum term of imprisonment shall be 15 years.<br />

(3) If the offender is a relative of the victim, a guardian, a tutor or a custodian, or if the victim is his servant, or<br />

if the victim has a special dependant relationship to the offender, a term of imprisonment of between five<br />

and 15 years shall be imposed.<br />

(4) If an individual has sexual intercourse with another person with their consent (outside marriage), the two<br />

persons involved shall be punished with a term of imprisonment of five years at most.”<br />

Article 408: Lewd acts<br />

“(1) Any individual who commits lewd acts with a person in accordance with one of the methods specified in<br />

148 Initial report of Lesotho, CCPR/C/81/Add.14<br />

149 See Jayweh, F. “Gays and the Laws of Liberia: Do Liberians have Laws to Prohibit Lesbian and Gay’s Practices in<br />

Liberia?”, available at: http://www.concern-liberians.org/chat_room/view_post.php?post_id=779197<br />

150 See German Bundestag, Printed Paper 16/3597, p. 16.<br />

http://www.volkerbeck.de/cms/files/16_3597_minor_interpellation.pdf<br />

<strong>State</strong>-<strong>Sponsored</strong> <strong>Homophobia</strong> – May 2011<br />

<strong>ILGA</strong> – The International Lesbian, Gay, Bisexual, Trans and Intersex Association - www.ilga.org<br />

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