Court Upholds Colonial-Era Sex Offense Laws

On March 25, 2025, the Trinidad and Tobago Court of Appeal ruled that the Constitution's 'savings clause' prevents judicial review of pre-Independence laws, thereby upholding colonial-era provisions criminalizing consensual same-sex relations.

Background of the Case

The case originated from a 2018 High Court decision that declared sections 13 and 16 of the 1986 Sexual Offences Act unconstitutional, as they criminalized consensual sex between adults. However, the Court of Appeal reversed this decision, citing the 'savings clause' that protects existing laws from constitutional challenges.

Legal Implications

This ruling means that laws enacted before the Constitution came into effect remain valid, even if they conflict with current constitutional rights. The decision has significant implications for human rights and the LGBTQ+ community in Trinidad and Tobago.

Public Reaction and Future Prospects

Human rights advocates have expressed concern over the ruling, arguing that it perpetuates discrimination. The appellant has announced plans to appeal the case to the Privy Council, seeking to overturn the decision.

For more details, see the full report: Court of Appeals Rules on Colonial-Era Sex Offense Laws