Lesbian, gay, bisexual, and transgender persons in Saint Kitts andNevis face legal challenges not experienced by non-LGBT residents. The penal code makes same-sex acts illegal with a punishment up to 10 years in prison, it also does not address discrimination or harassment on the account of sexual orientation or gender identity, nor does it recognize same sex unions in any form, whether it be marriage or partnerships. Household headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples.
Male on male homosexuality is illegal in St. Kitts and Nevis. Section 56 and 57 of the "Offences Against the Person Act" criminalises male on male same-sex sexual activity. Section 56 of the "Offences Against the Person Act": "The abominable crime of buggery" – up to 10 years imprisonment, with or without hard labour. Section 57 of the "Offences Against the Person Act": "Whosoever attempts to commit the said abominable crime, or is guilty of any assault with intent to commit the same, or of any indecent assault upon any male person, is guilty of misdemeanour, and being convicted thereof shall be liable to be imprisoned for any term not exceeding four years with or without hard labour." In 2011, The Government of St. Kitts and Nevis said it has no mandate from the people to abolish the criminalisation of homosexuality among consenting adults. However, despite the existence of the law on the books, there has been no known prosecution of same-sex sexual activity according to the Government.
Social conditions
On 23 March 2005, the island of Nevis —part of the nation of Sanit Kitts and Nevis— barred a cruise ship carrying 110 American passengers, mostly LGBT, from docking. A police boat halted the Source Events/Windjammer Barefoot Cruises ship and took the captain to shore for a meeting with port, police, customs and immigration officials, after which the ship was ordered to sail on. Port authority Acting General Manager Oral Brandy told reporters that Nevis does not want homosexuality “to be a part of our culture.”
