Botswana appeals court upholds ruling that decriminalised gay sex

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11/30/2021

Botswana’s Court of Appeal on Monday upheld a 2019 ruling that decriminalised gay sex, a decision hailed by gay community as establishing the southern African country as a “true democracy”. Monday’s decision in effect struck 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. The state had argued on appeal that the penal code outlawed gay sex and there was no evidence that people’s attitude towards homosexuality had changed.

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