"Gross indecency" is not defined by the OAPA but has been interpreted as "referring to any kind of physical intimacy", including merely holding hands. Any male person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for a term not exceeding two years, with or without hard labour.
Whosoever shall attempt to commit the said abominable crime, or shall be guilty of any assault with intent to commit the same, or of any indecent assault upon any male person, shall be guilty of a misdemeanour, and being convicted thereof, shall be liable to be imprisoned for a term not exceeding seven years, with or without hard labour. Whosoever shall be convicted of the abominable crime of buggery, committed either with mankind or with any animal, shall be liable to be imprisoned and kept to hard labour for a term not exceeding ten years. : page: 97 The Offences Against the Person Act (OAPA) provides as follows: Jamaica's laws do not criminalise the status of being LGBT but instead outlaw conduct. Laws against same-sex sexual activity: The Offences Against the Person Act (1864) By this point, Jamaica had already gained its independence in 1962, and thus its buggery law adopted from the British constitution, is still in force to this day. In England, the Buggery Law of 1861 was liberalized in 1967. The slave communities in Jamaica and the rest of the British Caribbean were made up of men and women from West Africa, the men being more sought after by slave owners. Prior to this era, recounts were made of the island's British occupants engaging in sodomy, which may correlate with the fact that the first colonists were mostly men. Islands in the Commonwealth Caribbean adopted British buggery laws however these laws were not as strictly regulated in the Caribbean as in the United Kingdom up until the Victorian era. History of the criminalisation of LGBT individuals Laws, policies, and the Jamaican constitution 11.2.3 Homophobia and HIV/AIDS in Jamaica.11.2.1 Established and underlying determinants.9.2 Portrayal of LGBT people in literature.9.1 Portrayal of LGBT people in popular Jamaican music.8.2 Attitudes of Rastafari from Jamaica.6.1 Homophobia based on masculine idealization.5.4 Public attitudes toward LGBT people.4.1.3 Women's Empowerment for Change (WE-Change Jamaica).2 Recognition of same-sex relationships.1.5 Absence of laws protecting LGBT people from discrimination.1.4 Efforts to increase criminal penalties.1.2 Laws against same-sex sexual activity: The Offences Against the Person Act (1864).1.1 History of the criminalisation of LGBT individuals.1 Laws, policies, and the Jamaican constitution.The government of Jamaica said in 2012 that it "is committed to the equal and fair treatment of its citizens, and affirms that any individual whose rights are alleged to have been infringed has a right to seek redress." The government also claimed that "there is no legal discrimination against persons on the grounds of their sexual orientation" though there is widespread homophobia and a sodomy law (The Offenses Against the Person Act of 1864) that is still in effect. In 2006, Time magazine labelled Jamaica "the most homophobic place on Earth", and in 2013 the majority of LGBT people were subject to homophobic violence. Sexual intercourse is legally punishable by imprisonment, torture, vigilante executions, and vigilante beatings.
Lesbian, gay, bisexual, and transgender ( LGBT) persons in Jamaica face legal and social issues not experienced by non-LGBT people. Same-sex marriage is constitutionally banned since 2011 (ban challenged in courts) Up to 10 years in prison with hard labour Vigilante executions, torture, and vigilante beatings have also been tolerated.