Male on male homosexuality is illegal in Grenada. Under the Grenada Criminal Code, CAP. 76, 1958 Revised Edition, Section 435 the offence of “unnatural crime” is committed by way of sexual intercourse per anum, i.e., anal penetration. Such offence is punishable by imprisonment for ten years. The Criminal Code does not specify the ‘penetrating’ object. Through reliance on the common law; the penetrating object is the male sexual organ. The offence is committable by, male person with/to male person and/or, male person with/to female. The offence cannot however, be committed by two female persons. Also there is no explicit clause on equality or protection of privacy in the Grenada Constitution of 1973.
Sources indicate that consensual homosexual relations are illegal in Grenada (US 25 Feb. 2009, Sec. 5; GrenCHAP et al. July 2007, 3; ILGA May 2009, 20; Toronto Star 7 Dec. 2007; GlobalGayz n.d.). Sources report that sexual relations between men are criminalized under the criminal code and carry a punishment of up to ten years' imprisonment (GrenCHAP et al. July 2007, 3; ILGA May 2009, 20). According to the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), the law states "If any two persons are guilty of unnatural connexion [sic], or if any person is guilty of an unnatural connexion with an animal, every such person shall be liable to imprisonment for ten years" (ILGA May 2009, 20). Some sources indicate that this law only applies to men; lesbian sexual relations are legal (GrenCHAP et al. July 2007, 3; ILGA May 2009, 20; GrenCHAP 10 Sept. 2009). In 10 September 2009 correspondence with the Research Directorate, the Director of the Grenada Caribbean HIV/AIDS Partnership (GrenCHAP), a non-governmental organization (NGO) which advocates for sexual minorities, sex workers and other at risk populations, stated that the law against homosexuality is "not actively enforced" (GrenCHAP 10 Sept. 2009).
According to a Shadow Report to the United Nations (UN) Human Rights Committee (UNHRC) prepared by a group of local, regional and international organizations, Lesbian, Gay, Bisexual and Transgender (LGBT) individuals in Grenada experience discrimination in employment, education and housing (GrenCHAP et al. July 2007, 4). The report states that the anti-gay laws "strengthen social stigma against homosexuals" (ibid., 3). The United States (US) Department of State's Country Reports on Human Rights Practices for 2008 characterizes Grenadian society as "generally ... intolerant of homosexuality" (US 25 Feb. 2009, Sec. 5). Freedom House indicates that there have been cases involving the "mistreatment" of homosexuals in Grenada (2009). The Director of GrenCHAP stated that homosexuals in Grenada are discriminated against and sometimes face violence (10 Sept. 2009). He provided examples where homosexuals were stabbed, had bottles thrown at them, or faced threats and verbal harassment (GrenCHAP 10 Sept. 2009). However, he did not report any cases of murder (ibid.).
The Shadow Report to the UNHRC indicates that gay men in Grenada are disproportionately involved in sex work and are vulnerable to sexual violence in prison, which is underreported and inadequately investigated by authorities (GrenCHAP et al. July 2007, 5-6).
Media sources report on a Grenadian sociologist at St. George's University who wrote a book about homosexuality in the Caribbean in which he reported that LGBT individuals have been "coming out" more and more in recent years, affirming their sexuality through organizations or protest marches (Jamaica Gleanor 12 Oct. 2008; Stabroek News 23 Aug. 2008).
State Protection
The Director of GrenCHAP stated that the attitudes of police officers toward homosexuals range widely depending on the individual, some are homosexual themselves and some "would taunt homosexuals" (10 Sept. 2009). In an example he provided, when a police officer responded to a domestic dispute between two lesbians, the officer threatened to jail "all homosexuals in Grenada" even though female same-sex relations are not criminalized (GrenCHAP 10 Sept. 2009). The Shadow Report to the UNHRC states that even though there have not been many reports of arbitrary arrests in Grenada, the "legal landscape suggests that there may be biased policing and criminalization of LGBT persons" (GrenCHAP et al. July 2007, 6).
Media sources report that in November 2006, the Grenadian Health Minister stated that the government would not consider a recommendation to decriminalize homosexuality because each country needs to consider "its own cultural situation, the faith and religious situation within the country" (CMC 27 Nov. 2006; AP 27 Nov. 2006).
Media sources report that in November 2007, there was a controversy over whether all-gay cruise ships should be allowed entry to Grenada (Toronto Star 28 Nov. 2007; CMC 20 Nov. 2007). In a statement issued on 6 December 2007, the Ministry of Tourism announced that they welcomed all visitors to Grenada, including homosexuals, but warned that the majority of people in Grenada have not encountered "the gay lifestyle" and Grenada prohibits open displays of intimate acts among all couples (Grenada 6 Dec. 2007).
Support Services
Information about support services available to homosexuals in Grenada was scarce among the sources consulted by the Research Directorate. According to the Caribbean Vulnerable Communities (CVC), a coalition of community leaders and NGOs which provides services for groups vulnerable to HIV infection (CVC n.d.a), the smaller island-states of the Organization of Eastern Caribbean States (OECS), of which Grenada is a member, have small "underground" groups which serve the LGBT community (CVC n.d.b). According to the Director of GrenCHAP, GrenCHAP is the primary group in Grenada active in promoting gay and lesbian rights; there are other organizations "sensitive to the cause," but he did not provide details about these other organizations (GrenCHAP 10 Sept. 2009).
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