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A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood and defined by many courts and jurisdictions to include any or all forms of sexual acts that are illegal, illicit, unlawful, unnatural and immoral.[1] Sodomy typically includes anal sex, oral sex, manual sex, and bestiality.[2][3][4][5] In practice, sodomy laws have rarely been enforced to target against sexual activities between individuals of the opposite sex, and have mostly been used to target against sexual activities between individuals of the same sex.[6]
As of June 2024, 61 countries as well as 3 sub-national jurisdictions[a] have laws that criminalize sexual activity between 2 individuals of the same-sex.[7] In 2006 that number was 92.[8][9] Among these 62 countries, 40 of them not only criminalize male same-sex sexual activity but also have laws that criminalize female same-sex sexual activity. In 11 of them, sexual activity between two individuals of the same-sex is punishable with the death penalty.[7]: 15
In 2011, the United Nations Human Rights Council passed an LGBT rights resolution, which was followed up by a report published by the UN Human Rights Commissioner which included scrutiny of the mentioned codes. In March 2022, the Committee on the Elimination of Discrimination against Women found that laws criminalizing consensual same-sex activity between women are a human rights violation. This case, brought by Rosanna Flamer-Caldera, was the first United Nations case to focus on lesbian and bisexual women.[10]
- ^ Weeks, Jeff (January 1981). Sex, Politics and Society: The Regulation of Sexuality Since 1800. London: Longman Publishing Group. ISBN 0-582-48334-4.
- ^ Phelps, Shirelle (2001). World of Criminal Justice: N-Z. Gale Group. p. 686. ISBN 0787650730. Retrieved 13 January 2014.
- ^ Scheb, John; Scheb, John II (2013). Criminal Law and Procedure. Cengage Learning. p. 185. ISBN 978-1285546131. Retrieved 13 January 2014.
- ^ Newton, David (2009). Gay and Lesbian Rights: A Reference Handbook (2nd ed.). ABC-CLIO. p. 85. ISBN 978-1598843071. Retrieved 13 January 2014.
- ^ Turvey, Brent E. (2023). Forensic Victimology: Examining Violent Crime Victims in Investigative and Legal Contexts. Elsevier Science. p. 465. ISBN 978-0-12821-769-6. Retrieved 5 November 2023.
- ^ Sullivan, Andrew (24 March 2003). "Unnatural Law". The New Republic. Vol. 228, no. 11. Retrieved 12 November 2020.
- ^ a b Cite error: The named reference
ILGA-2019was invoked but never defined (see the help page). - ^ "71 Countries Where Homosexuality is Illegal". 76crimes.com. Retrieved 30 September 2021.
- ^ Roeder, Kaela (8 July 2020). "Gabon formally decriminalizes homosexuality". Washington Blade. Retrieved 30 September 2021.
- ^ "LGBTQ+ Victories Did Happen in 2023". www.advocate.com.
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