Community organisation joins constitutional challenge
The government’s account said the case had been filed in January 2021 and heard in June 2022. SKNAFE was founded by Tynetta McKoy. The judgment required sections 56 and 57 of the Offences Against the Person Act to exclude consensual conduct between adults in private. [1][2]
Privacy and expression underpin the decision
Human Dignity Trust’s case digest explains that the court relied on constitutional protection of privacy and freedom of expression. It did not accept the separate arguments concerning liberty or discrimination on grounds of sex. The decision therefore changed the application of the provisions rather than removing every offence they contained.
Advocates seek change beyond the courtroom
Caribbean Vulnerable Communities Coalition director Ivan Cruickshank said the ruling could strengthen advocacy against stigma across the region. ECADE director Kenita Placide emphasised continuing work on attitudes and equal access to services: “The constitution is about protecting everybody”. Removing criminal sanctions was one part of that work.