Current Version
| Region | Botswana |
| Issue | Homosexual activity |
| Status | Male illegal, female legal |
| Start Date | Aug 14, 1885 |
| End Date | Feb 26, 1998 |
| Description | Homosexuality became illegal in Botswana in 1885 under Britain’s Labouchere Amendment as Botswana was a British colony at the time. In 1964, Botswana later criminalized homosexual sex under article 164 and 167 of its penal code. The maximum punishment for violating these laws was seven years of imprisonment. Until 1998, these laws only criminalised male homosexuality. |
| Sources | https://www.modernghana.com/amp/news/938239/botswana-scraps-anti-gay-laws-in-landmark-decision.html https://archive.gazettes.africa/archive/bw/1998/bw-government-gazette-dated-1998-02-27-no-11.pdf https://editions.covecollective.org/content/criminal-law-amendment-act-1885-passed https://www.hrc.org/news/botswana-high-court-overturns-law-criminalizing-same-sex-relations https://www.humandignitytrust.org/lgbt-the-law/a-history-of-criminalisation/#:~:text=The%20Labouchere%20Amendment,with%20or%20without%20hard%20labour. |
Revision History (4)
edited by DaisyGeekyTrans. Improving the entry.
Helpful?
0 | Old Value | New Value (Current) | |
|---|---|---|
| Value | Illegal (imprisonment as punishment) | Male illegal, female legal |
| Start Date | Jun 10, 1964 | Aug 14, 1885 |
| End Date | Jun 11, 2019 | Feb 26, 1998 |
| Description | Previously, Botswana criminalized homosexual sex under article 164 and 167 of its penal code. The maximum punishment for violating these laws was seven years of imprisonment. | Homosexuality became illegal in Botswana in 1885 under Britain’s Labouchere Amendment as Botswana was a British colony at the time. In 1964, Botswana later criminalized homosexual sex under article 164 and 167 of its penal code. The maximum punishment for violating these laws was seven years of imprisonment. Until 1998, these laws only criminalised male homosexuality. |
Show Difference | ||
| Sources | https://www.modernghana.com/amp/news/938239/botswana-scraps-anti-gay-laws-in-landmark-decision.html | https://www.modernghana.com/amp/news/938239/botswana-scraps-anti-gay-laws-in-landmark-decision.html https://archive.gazettes.africa/archive/bw/1998/bw-government-gazette-dated-1998-02-27-no-11.pdf https://editions.covecollective.org/content/criminal-law-amendment-act-1885-passed https://www.hrc.org/news/botswana-high-court-overturns-law-criminalizing-same-sex-relations https://www.humandignitytrust.org/lgbt-the-law/a-history-of-criminalisation/#:~:text=The%20Labouchere%20Amendment,with%20or%20without%20hard%20labour. |
Show Difference | ||
edited by Unknownmiles. Description and source
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Description | Fine; up to seven years imprisonment. Although same-sex sexual acts remain illegal, their prosecution is rare according to a 2004 publication. | Previously, Botswana criminalized homosexual sex under article 164 and 167 of its penal code. The maximum punishment for violating these laws was seven years of imprisonment. |
Show Difference | ||
| Sources | http://www.vertic.org/media/National%20Legislation/Botswana/BW_Penal_Code.pdf http://www.kinseyinstitute.org/ccies/pdf/ccies-botswana.pdf | https://www.modernghana.com/amp/news/938239/botswana-scraps-anti-gay-laws-in-landmark-decision.html |
Show Difference | ||
Reports (1)
- Newer law has been passed
| Original entry | |
|---|---|
| Status | Illegal (imprisonment as punishment) |
| Start Date | Jun 10, 1964 |
| End Date | (none) |
| Description | Fine; up to seven years imprisonment. Although same-sex sexual acts remain illegal, their prosecution is rare according to a 2004 publication. |
| Sources | http://www.vertic.org/media/National%20Legislation/Botswana/BW_Penal_Code.pdf http://www.kinseyinstitute.org/ccies/pdf/ccies-botswana.pdf |
Reports (27)
- Status is not correct
- Status is not correct "Recently it's now legal"
- Status is not correct "Homosexuality has been legalized in Botswana in 2019, "current status" section of the webpage isn't up-to-date. "
- Newer law has been passed
- Status is not correct "Legal now "
- Status is not correct "It was struck down in 2019 by the court of Botswana."
- Status is not correct "Legal status remains intact while awaiting ruling from the Court of Appeals"
- Status is not correct "Jun 11 2019. Was legalised"
- Date is incorrect "Date is now up to current date "
- Status is not correct "Homosexual activity is actually legal in Botswana"
- Status is not correct
- Status is not correct
- Status is not correct
- Status is not correct
- Status is not correct
- Status is not correct
- Status is not correct "Should be legal as of June 11 2019"
- Status is not correct
- Status is not correct "As of 11th of June it has become legal"
- Status is not correct "June 11, 2019 change "
- Status is not correct "Botswana decriminalized homosexuality on June 11, 2019 by Botswana's High Court. https://www.bbc.com/news/world-africa-48594162"
- Newer law has been passed "On 11 June 2019, the High Court of Botswana struck down laws criminalising male homosexual relations. See: https://edition.cnn.com/2019/06/11/africa/botswana-lgbtq-ruling-intl/index.html"
- Status is not correct "Homosexuality is legal in Botswana as of June 11, 2019. "
- Status is not correct "The laws criminalizing homosexuality were struck down by the courts yesterday.
https://www.npr.org/2019/06/11/731576727/botswanas-high-court-rules-homosexuality-is-not-a-crime"
- Status is not correct "Botswana Decriminalized it today "
- Status is not correct "Botswana just decriminalized gay sex "
- Status is not correct