ILGA_State_Sponsored_Homophobia_2012
ILGA_State_Sponsored_Homophobia_2012
ILGA_State_Sponsored_Homophobia_2012
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Papua New Guinea<br />
Male/Male Illegal Female/Female Legal<br />
Criminal Code 1974, as amended in 2002 244<br />
Section 210. UNNATURAL OFFENCES.<br />
“(1) A person who–<br />
(a) sexually penetrates any person against the order of nature; or<br />
(b) sexually penetrates an animal; or<br />
(c) permits a male person to sexually penetrate him or her against the order of nature, is guilty of a crime.<br />
Penalty: Imprisonment for a term not exceeding 14 years.<br />
(2) A person who attempts to commit an offence against Subsection (1) is guilty of a crime.<br />
Penalty: imprisonment for a term not exceeding seven years.”<br />
Section 212. INDECENT PRACTICES BETWEEN MALES.<br />
“(1) A male person who, whether in public or private–<br />
(a) commits an act of gross indecency with another male person; or<br />
(b) procures another male person to commit an act of gross indecency with him; or<br />
(c) attempts to procure the commission of any such act by a male person with himself or with another male<br />
person, is guilty of a misdemeanour.<br />
Penalty: Imprisonment for a term not exceeding three years.”<br />
Samoa<br />
Male/Male Illegal Female/Female Legal<br />
Crimes Ordinance 1961, Consolidated Acts of Samoa 2007-2008 245<br />
Section 58D. Indecency between males –<br />
“(1) Everyone is liable to imprisonment for a term not exceeding 5 years who, being a male:<br />
(a) Indecently assaults any other male; or<br />
(b) Does any indecent act with or upon any other male; or<br />
(c) Induces or permits any other male to do any indecent act with or upon him.<br />
(2) No boy under the age of 16 years shall be charged with committing or being a party to an offence<br />
against paragraph (b) or paragraph (c) of subsection (1), unless the other male was under the age of 21<br />
years.<br />
(3) It is no defence to a charge under this section that the other party consented.”<br />
Section 58E. Sodomy –<br />
“(1) Everyone who commits sodomy is liable:<br />
(a) Where the act of sodomy is committed on a female, to imprisonment for a term not exceeding 7 years.<br />
(b) Where the act of sodomy is committed on a male, and at the time of the act that male is under the age<br />
of 16 years and the offender is of or over the age of 21 years, to imprisonment for a term not exceeding 7<br />
years.<br />
(c) In any other case, to imprisonment for a term not exceeding 5 years.<br />
(2) This offence is complete upon penetration.<br />
(3) Where sodomy is committed on any person under the age of 16 years he shall not be charged with being<br />
a party to that offence, but he may be charged with being a party to an offence against section 58D of this<br />
Act in any case to which that section is applicable.<br />
(4) It is no defence to a charge under this section that the other party consented.”<br />
244 Text of the law is available at : http://www.paclii.org/pg/legis/consol_act/cca1974115//.<br />
245 Text of the ordinance is available at : http://www.paclii.org/ws/legis/consol_act/co1961135/.<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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