In 2003, the south parts of Sudan (also known then as New Sudan) gained some autonomy, and adopted its own Penal Code the same year. As the federal Penal Code, this Penal Code criminalises sodomy, however with a milder punishment, according to the following section [R1.4]:
Section 318. Unnatural Offences:
Whoever has carnal intercourse against the order of nature with any person and whoever allows any person to have such intercourse with him commits an offence and shall on conviction, be punished with imprisonment for a term not exceeding ten years and may also be liable to fine; and if such intercourse is done without consent he shall be punished with imprisonment for a term not exceeding fourteen years and may also be liable to fine; provided that a consent given by a person below the age of eighteen years to such intercourse shall not be deemed to be a consent within the meaning of this section.
Explanation: Penetration is sufficient to constitute the carnal knowledge necessary to the offence described in this section.
On 30 July 2010, President Salva Kiir Mayardit told Dutch radio that homosexuality will not be accepted in southern Sudan should the south become independent after a referendum due to take place next year [R1.3].
In July 2010, President Salva Kiir Mayardit reportedly had spoken of a new Sudan where “all citizens” enjoy “equal rights”, a country based on “democracy, equality and justice”, but rights of homosexuals will not be included, with Mayardit telling Dutch media there were no homosexuals in South Sudan. Under the penal code, same-sex relations can be punished with up to 10 years prison and a fine [R1.2].
In 2003 the government of what was then called “New Sudan” adopted its own penal code, and in 2008 the autonomous Government of Southern Sudan adopted a replacement penal code. Both codes prohibited sodomy [R1.1].