LGBT rights in the Cook Islands

LGBT rights in the Cook Islands

Same-sex sexual activity legal? Male illegal
Female legal
Penalty:
Up to 14 years imprisonment (not enforced)
Family rights
Recognition of
relationships
No recognition of same-sex couples
Restrictions:
Marriage Act limits marriage to man/woman

Lesbian, gay, bisexual, and transgender (LGBT) persons in the Cook Islands may face legal challenges not experienced by non-LGBT residents. Homosexuality is illegal for males in the Cook Islands, though female homosexual acts are legal.[1] Same-sex marriage is outlawed.

Crimes Act 1969

Male homosexuality is illegal in the Cook Islands. Consensual male sodomy is punishable by up to seven years' imprisonment,[2] while indecency between males is punishable by up to five years' imprisonment.[3]

154. Indecency between males - (1) Every one is liable to imprisonment for a term not exceeding five years who, bring a male,- (a) Indecently assaults any other male; or (b) Does any indecent act with or upon any other male; or (c) Induces or permits any other male to do any indecent act with or upon him. (2) No boy under the age of fifteen years shall be charged with committing or being a party to an offence against paragraph (b) or paragraph (c) of subsection (1) of this section, unless the other male was under the age of twenty-one years. (3) It is not defence to a charge under this section that the other party consented.

155. Sodomy - (1) Every one who commits sodomy is liable- (a) Where the act of sodomy is committed on a female, to imprisonment for a term not exceeding fourteen years; (b) Where the act of sodomy is committed on a male, and at the time of the act that male is under the age of fifteen years and the offender is of over the age of twenty-one years, to imprisonment for a term not exceeding fourteen years; (c) In any other case, to imprisonment for a term not exceeding seven years. (2) This offence is complete upon penetration. (3) Where sodomy is committed on any person under the age of fifteen years he shall not be charged with being a party to that offence, but he may be charged with being a party to an offence against section 154 of this Act in say case to which that section is applicable. (4) It is no defence to a charge under this section that the other party consented.

159. Keeping Place of resort for homosexual acts -Every one is liable to imprisonment for a term not exceeding ten years who- (a) Keeps or manages, or acts or assists in the management of, say premises used as a place of resort for the commission of indecent acts between males; or (b) Being the tenant, lessee, or occupier of any promises, knowingly permits the premises or any part thereof to be used as a place of resort for the commission of indecent acts between males; or (c) Being the lessor or landlord of any premises, or the agent of the lessor or landlord, lets the premises or any part thereof with the knowledge that the premises are to be used as a place of resort for the commission of indecent acts between males, or that dome part thereof is to be so used, or is wilfully a party to the continued use of the premises or any part thereof as a place of resort for the commission of such acts as aforesaid.

More in line with the Criminal Code sections 152 and 153,the age of consent for same-sex men and women is begins, starting at 15 years

152. Indecent act between woman and girl - (1) Every woman of or over the age of twenty-one years is liable to imprisonment for a term not exceeding seven years who-

(a) Does any indecent act with or upon any girl under the age of fifteen years; or

(b) Induces or permits any girl under the age of fifteen years to do say indecent act with or upon her.

(2) The girl shall not be charged as a party to an offence committed with or upon her against this section.

(3) It is no defence to a charge under this section that the girl consented.

153. Indecency between man and boy - (1) Every one is liable to imprisonment for a term not exceeding ten years who, being a male-

(a) Indecently assaults any boy under the age of fifteen years; or

(b) Does any indecent act with or upon any boy under the age of fifteen years; or

(c) Induces or permits any boy under the age of fifteen years to do any indecent act with or upon him.

(2) No person under the age of twenty-one years shall be charged with committing or being a party to an offence against this section.

(3) It is no defence to a charge under this section that the boy consented.

Recognition of same-sex relationships

Same-sex marriage was outlawed by the Marriage Amendment Act 2000.[4] The law was clarified in 2007 to state that "no person shall be permitted to marry another person who is of the same gender as him or herself,"[5] and to legislatively define the gender of transsexuals. On 28 April 2013, Prime Minister Henry Puna expressed opposition to the legalisation of same-sex marriage.[6][7]

Civil unions are not recognized either (though both civil marriage and civil unions by same-sex couples are recognized and performed in New Zealand).[8][9]

Discrimination protections

Discrimination on the basis of "sexual preference" is prohibited in employment, according to Section 55(e) of the Employment Relations Act 2012, which entered into force on 1 July 2013.[10] This makes the Cook Islands one of the few Pacific jurisdictions to have anti-discrimination laws inclusive of sexual orientation.

Living conditions

The Cook Islands Christian Church is the largest religion on the islands, with more than half of the population claiming an affiliation to it. The Congregationalist church believes that homosexuality and cross-dressing are signs of immorality and this impacts both public attitudes as well as government's policy. The Cook Islands LGBT community feels the need to be discreet and travel advisories also urge visitors to be discreet and not to engage in public displays of affection.[11]

Summary table

Same-sex sexual activity legal For male / For female
Equal age of consent For male / For female
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech)
Same-sex marriages
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military New Zealand's responsibility
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

References

This article is issued from Wikipedia - version of the 11/2/2016. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.