LGBT rights in the Cook Islands
Encyclopedia
Lesbian, gay, bisexual, and transgender (LGBT) persons in the Cook Islands may face legal challenges not experienced by non-LGBT
residents. Homosexuality is illegal for males in the Cook Islands
, though female homosexual acts are legal. Same-sex marriage is outlawed. Cook Islanders are mostly religious people, so while homosexuality is generally accepted, Cook Islanders don't appreciate public displays of sexual affection.
154. Indecency between males - (1) Every one is liable to imprisonment for a term not exceeding five years who, bring a male,-
(a) Indecently assaults any other male; or
(b) Does any indecent act with or upon any other male; or
(c) Induces or permits any other male to do any indecent act with or upon him.
(2) No boy under the age of fifteen years shall be charged with committing or being a party to an offence against paragraph (b) or paragraph (c) of subsection (1) of this section, unless the other male was under the age of twenty-one years.
(3) It is not defence to a charge under this section that the other party consented.
155. Sodomy - (1) Every one who commits sodomy is liable-
(a) Where the act of sodomy is committed on a female, to imprisonment for a term not exceeding fourteen 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 fifteen years and the offender is of over the age of twenty-one years, to imprisonment for a term not exceeding fourteen years;
(c) In any other case, to imprisonment for a term not exceeding seven years.
(2) This offence is complete upon penetration.
(3) Where sodomy is committed on any person under the age of fifteen 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 154 of this Act in say case to which that section is applicable.
(4) It is no defence to a charge under this section that the other party consented.
159. Keeping Place of resort for homosexual acts -Every one is liable to imprisonment for a term not exceeding ten years who-
(a) Keeps or manages, or acts or assists in the management of, say 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 promises, 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 dome 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.
Civil unions are not recognized (even though they are in New Zealand
).
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
residents. Homosexuality is illegal for males in the Cook Islands
Cook Islands
The Cook Islands is a self-governing parliamentary democracy in the South Pacific Ocean in free association with New Zealand...
, though female homosexual acts are legal. Same-sex marriage is outlawed. Cook Islanders are mostly religious people, so while homosexuality is generally accepted, Cook Islanders don't appreciate public displays of sexual affection.
Crimes Act 1969
Male homosexuality is illegal in the Cook Islands. Consensual male sodomy is punishable by up to seven year's imprisonment, while indecency between males is punishable by up to five years' imprisonment.154. Indecency between males - (1) Every one is liable to imprisonment for a term not exceeding five years who, bring a male,-
(a) Indecently assaults any other male; or
(b) Does any indecent act with or upon any other male; or
(c) Induces or permits any other male to do any indecent act with or upon him.
(2) No boy under the age of fifteen years shall be charged with committing or being a party to an offence against paragraph (b) or paragraph (c) of subsection (1) of this section, unless the other male was under the age of twenty-one years.
(3) It is not defence to a charge under this section that the other party consented.
155. Sodomy - (1) Every one who commits sodomy is liable-
(a) Where the act of sodomy is committed on a female, to imprisonment for a term not exceeding fourteen 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 fifteen years and the offender is of over the age of twenty-one years, to imprisonment for a term not exceeding fourteen years;
(c) In any other case, to imprisonment for a term not exceeding seven years.
(2) This offence is complete upon penetration.
(3) Where sodomy is committed on any person under the age of fifteen 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 154 of this Act in say case to which that section is applicable.
(4) It is no defence to a charge under this section that the other party consented.
159. Keeping Place of resort for homosexual acts -Every one is liable to imprisonment for a term not exceeding ten years who-
(a) Keeps or manages, or acts or assists in the management of, say 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 promises, 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 dome 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.
Recognition of same-sex relationships
Same-sex marriage was outlawed by the Marriage Amendment Act 2000. The law was clarified in 2007 to state that "no person shall be permitted to marry another person who is of the same gender as him or herself," and to legislatively define the gender of transsexuals.Civil unions are not recognized (even though they are in New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
).
Discrimination protections
Currently, there are no laws against discriminating against a person based on their sexual orientation or gender identity.See also
- Politics of the Cook IslandsPolitics of the Cook IslandsThe politics of the Cook Islands, an associated state, takes place in a framework of a parliamentary representative democracy within a constitutional monarchy. The Queen of New Zealand, represented in the Cook Islands by the Queen's Representative, is the Head of State; the Chief Minister is the...
- LGBT rights in New Zealand
- LGBT rights in OceaniaLGBT rights in OceaniaOceania is, like other continents, quite diverse in its laws regarding homosexuality. This ranges from significant rights granted to the LGBT community in e.g. Australia and New Zealand to remaining criminal penalties for homosexual activity in e.g. Kiribati and Nauru.-References:...