LGBT rights in Samoa
Encyclopedia
Homosexuality is illegal in Samoa. The Samoa Crimes Ordinance 1961 criminalises homosexuality in section 58E,58G and 58J. Samoan culture is historically tolerant of homosexuality. In particular there is a tradition of raising some boys in a family as a girl in order to play an important domestic role in Samoan life. Such transvestite males are known as fa'afafine
but their role does not easily equate with western gayness. This tradition means that there is widespread acceptance of the transgendered. In 2011, it was reported that Samoa will decriminalise homosexuality between consenting adults under a new Criminal Code by a Government body recommendation from the Samoa's Law Reform Commission.
(a) Where the act of sodomy is committed on a female, to imprisonment for a term not exceeding 7 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 16 years and the offender is of or over the age of 21 years, to imprisonment for a term not exceeding 7 years.
(c) In any other case, to imprisonment for a term not exceeding 5 years.
(2) This offence is complete upon penetration.
(3) Where sodomy is committed on any person under the age of 16 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 58D of this Act in any case to which that section is applicable.
(4) It is no defence to a charge under this section that the other party consented.
58G. Attempts to commit sodomy or bestiality - Everyone is liable to imprisonment for a term not exceeding 5 years who:
(a) Attempts to commit sodomy or bestiality; or
(b) Assaults any person with intent to commit sodomy.
58J. Keeping place of resort for homosexual acts - Everyone is liable to imprisonment for a term not exceeding 7 years who:
(a) Keeps or manages, or knowingly acts or assists in the management of, any 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 premises, 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 some 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.
Fa'afafine
Fa'afafine may be viewed as a third gender specific to Samoan culture.Fa'afafine are biological males who have a strong feminine gender orientation, which the Samoan parents recognize quite early in childhood. Not always are they raised as female children or rather 'third gender' children...
but their role does not easily equate with western gayness. This tradition means that there is widespread acceptance of the transgendered. In 2011, it was reported that Samoa will decriminalise homosexuality between consenting adults under a new Criminal Code by a Government body recommendation from the Samoa's Law Reform Commission.
The Samoa Crimes Ordinance 1961
58E. Sodomy - (1) Everyone who commits sodomy is liable:(a) Where the act of sodomy is committed on a female, to imprisonment for a term not exceeding 7 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 16 years and the offender is of or over the age of 21 years, to imprisonment for a term not exceeding 7 years.
(c) In any other case, to imprisonment for a term not exceeding 5 years.
(2) This offence is complete upon penetration.
(3) Where sodomy is committed on any person under the age of 16 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 58D of this Act in any case to which that section is applicable.
(4) It is no defence to a charge under this section that the other party consented.
58G. Attempts to commit sodomy or bestiality - Everyone is liable to imprisonment for a term not exceeding 5 years who:
(a) Attempts to commit sodomy or bestiality; or
(b) Assaults any person with intent to commit sodomy.
58J. Keeping place of resort for homosexual acts - Everyone is liable to imprisonment for a term not exceeding 7 years who:
(a) Keeps or manages, or knowingly acts or assists in the management of, any 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 premises, 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 some 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.