British Virgin Islands LGBT Laws

Age of Consent Legislation/Cases/References
1. National

The age of majority is eighteen (18) years of age [R1.1].

Under the Juvenile Act and the Criminal Code, a child is a person under the age of fourteen (14) years and a juvenile is a person up to age sixteen (16). A juvenile does not have the legal ability to give consent [R1.2].

R1.1 Development Planning Unit: “Youths” (Accessed 02 JUN 09)
R1.2 IslandSun: Should the punishment for child molestation be increased? JUN 01 (Accessed 02 JUN 09)
Discrimination Legislation/Cases/References
1. National

In 2007, a constitutional prohibition of discrimination based on sexual orientation came into force [R1.1].

The Virgin Islands Constitution Order 2007 came into force 15 June 2007

Chapter 2, Section 26 provides:

“(1) In this section, the expressions —

(a) “discriminatory” means affording different treatment to different persons on any ground such as sex, race, colour, language, religion, political or other opinion, national, ethnic or social origin, association with a national minority, property, family relations, economic status, disability, age, birth, sexual orientation, marital or other status; and
(b) “public authority” means any statutory body or company or association in which the Government of the Virgin Islands has an interest and which performs a public function or duty.

(2) Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.

(3) Subject to subsections (6), (7) and (8), no person shall be treated in a discriminatory manner by any person acting under any written law or performing the functions of any public office or any public authority.

R1.1 ILGA: “State-Sponsored Homophobia” MAY 09
R1.2 Government of the Virgin Islands: The Virgin Islands Constitution Order 2007 13 JUN 07 (Accessed 02 JUN 09)
Homosexuality, Sodomy Legislation/Cases/References
1. National

On 01 January 2001, consensual sex between same-sex couples was decriminalised [R1.1].


On 13 December 2000, an Order in Council to repeal the sodomy laws was made by Her Majesty at the Privy Council meeting to come into force on 1 January 2001 [R1.2].

In January 1998, British Prime Minister Tony Blair demanded that Britain’s five Carribean Dependent Territories legalise gay sex [R1.3].

R1.1 ILGA: “State-Sponsored Homophobia” MAY 08
R1.2 Planet Out: “UK Ends Territories’ Sodomy Laws” 22 DEC 00
R1.3 Capital Q: “Colonies Must Legalise Gay Sex” 30 JAN 98