Botswana appeals court upholds ruling that decriminalised gay sex

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Botswana's Court of Appeal on Monday upheld a 2019 ruling that decriminalised gay sex, effectively striking off two sections of the penal code that had outlawed homosexuality.

Before the 2019 High Court ruling, which was praised by international organisations and activists, engaging in gay sex in Botswana was punishable by up to seven years in prison.

Reading the unanimous decision by five judges, Court of Appeal Judge President Ian Kirby said the criminalisation of consensual same-sex activities violated the constitutional rights of lesbians, gays, bisexuals and transgender people to dignity, liberty, privacy and equality.

 

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