Kara Sears
Sodomy laws are legal provisions that define certain sexual acts as crimes. While the precise sexual acts are rarely specified in the law, sodomy is typically understood to include anal sex, oral sex, manual sex, and bestiality. These laws have been used to target same-sex sexual activities primarily, but they also apply to heterosexual couples in some cases. As of 2025, 63 countries and 3 sub-national jurisdictions have laws criminalizing same-sex sexual activity, with varying degrees of enforcement and punishment. For example, in Georgia, USA, aggravated criminal sodomy carries a mandatory prison sentence of 25 years to life. In other countries, such as Malawi, cultural attitudes towards homosexuality influence the enforcement of anti-sodomy laws, leading to arrests and imprisonment. The gradual decriminalization of consensual sexual acts has led to the elimination of anti-sodomy laws in many places, with ongoing efforts to challenge and repeal these laws worldwide.
| Characteristics | Values |
|---|---|
| Number of countries with laws criminalizing sexual activity between individuals of the same sex | 63 |
| Number of sub-national jurisdictions with laws criminalizing sexual activity between individuals of the same sex | 3 |
| Number of countries with laws criminalizing sexual activity between individuals of the same sex in 2006 | 92 |
| Number of countries out of 63 that criminalize female same-sex sexual activity | 40 |
| Number of U.S. states with statutes criminalizing consensual sodomy as of January 2025 | 12 |
| U.S. states with statutes criminalizing consensual sodomy as of January 2025 | Florida, Georgia, Kansas, Kentucky, Louisiana, Massachusetts, Michigan, Mississippi, North Carolina, Oklahoma, South Carolina, and Texas |
| Maximum penalty for first-degree sodomy in New York | 20 years imprisonment |
| Maximum penalty for second-degree sodomy in New York | 10 years imprisonment |
| Maximum penalty for third-degree sodomy in New York | 6 months imprisonment |
| Maximum penalty for "buggery" in Barbados | life imprisonment |
| Maximum penalty for "serious indecency" in Barbados | 10 years imprisonment |
| Age of consent in Taiwan | 16 |
| Maximum penalty for committing anal coitus with someone under the age of 14 in Macau | 10 years imprisonment |
| Maximum penalty for committing anal coitus with someone between the ages of 14 and 16 in Macau | 4 years imprisonment |
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What You'll Learn
Sodomy laws in the United States
During the mid-to-late 20th century, a gradual decriminalization of consensual sexual acts took place, leading to the elimination of anti-sodomy laws in most U.S. states. This process was influenced by organizations like the American Law Institute, which voted to decriminalize consensual sodomy in 1955, and legal cases such as Bowers v. Hardwick in 1986, where the Supreme Court upheld the constitutionality of sodomy laws.
However, it was not until 2003, with the landmark Lawrence v. Texas case, that the Supreme Court reversed its previous decision and invalidated any remaining state sodomy laws. This decision affirmed the right to privacy and respect for private lives, stating that the state cannot criminalize private sexual conduct between consenting adults. Despite this, as of 2025, some jurisdictions still had statutes criminalizing consensual sodomy, although these were not enforceable due to the precedent set by Lawrence v. Texas.
The specific sexual acts constituting sodomy were often not explicitly defined in the law but were generally understood to include anal sex, oral sex, manual sex, and bestiality. These laws disproportionately impacted the LGBTQ+ community, as they were primarily used to target sexual activities between individuals of the same sex. The continued existence of these rarely enforced laws contributed to discrimination against gay men, lesbians, and bisexuals.
Over time, states have taken steps to repeal or modify their sodomy laws. For example, in 2005, Arkansas repealed its sodomy law, and in 2013, Virginia legalized sodomy and repealed its lewd and lascivious cohabitation statute. These changes reflect a shift towards recognizing the rights and privacy of individuals engaging in consensual sexual conduct.
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Punishment for sodomy
Sodomy laws are those that define certain sexual acts as crimes. While the precise sexual acts are rarely spelled out in the law, they are typically understood to include any or all forms of sexual acts that are deemed illegal, illicit, unlawful, unnatural, or immoral. Sodomy usually includes anal sex, oral sex, manual sex, and bestiality. These laws have been used primarily to target sexual activities between individuals of the same sex.
As of April 2025, 63 countries and three sub-national jurisdictions have laws that criminalize sexual activity between two individuals of the same sex. In 11 of these countries, same-sex sexual activity is punishable by death. In 2006, this number was 92 countries.
The punishment for sodomy has varied throughout history and across different jurisdictions. In ancient Rome, intolerance of same-sex acts intensified in the late 4th century, and in 390, the emperor Theodosius ordered that male prostitutes be publicly burned. In the 13th century, a legal document called the 'Fleta' required 'sodomites' to be punished by being buried alive, while another called the 'Britton' advocated burning. However, there is no evidence that these punishments were ever carried out.
During the reign of Henry VIII in England, the Buggery Act of 1533 declared that the 'detestable and abominable Vice of Buggury committed with mankind or beast' be punishable by death. This remained a capital offense until 1828, after which the act of sodomy was a felony punishable by imprisonment. In 1818, 'sodomites' could be sentenced to stand in the pillory, where they were set upon by crowds with various projectiles. The last men to be hanged for sodomy in England were James Pratt and John Smith, in 1835.
In more recent times, the punishment for sodomy has continued to vary across different jurisdictions. In Barbados, before a ruling by the High Court in December 2022, buggery was criminalized and punishable by life imprisonment, while serious indecency carried a maximum penalty of ten years in prison. In Macau, committing anal coitus with someone under the age of 17 is a crime, with imprisonment of up to 10 years if the partner is under 14 and four years if they are between 14 and 16. In the United States, sodomy laws vary by state, with some states classifying sodomy as a felony with maximum penalties of up to 20 years in prison, while others classify it as a misdemeanor with maximum penalties of six months in prison.
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Anti-homosexuality laws in Malawi
Malawi has a history of anti-homosexuality laws, which have been enforced with arrests and prosecutions. Homosexual activity is illegal in Malawi, with laws criminalising same-sex sexual activity between men and women. The gender expression of trans people is also criminalised. The maximum penalty for these offences is 14 years' imprisonment.
In 2012, President Joyce Banda announced her intention to repeal these laws, but due to strong domestic pressure, she reversed her position, stating that the people of Malawi were not ready for such a change. Despite this, the government imposed a moratorium on arrests and prosecutions for consensual homosexual acts. However, in 2016, a High Court in Mzuzu ordered the police to continue arresting and prosecuting LGBTQ+ individuals, pending a judicial review of the Minister of Justice and Constitutional Affairs.
In 2015, the Marriage, Divorce and Family Relations Act came into force, banning same-sex marriages and unions. This Act also made it impossible for transgender individuals to marry under their gender identity, as it defines a person's sex as that assigned at birth. The National Registration Act of 2010 provides some legal gender recognition, allowing individuals to apply for new identity cards with updated photographs and particulars. However, transgender Malawians have faced denial of recognition since the 2015 Act, and they continue to face criminalisation under laws against cross-dressing.
The anti-homosexuality laws in Malawi have been criticised for violating regional and international human rights treaties, including the right to non-discrimination, equality before the law, privacy, liberty, and security. Human Rights Watch has called on the government to decriminalise consensual same-sex conduct and repeal all anti-homosexuality provisions in the Penal Code. Despite these criticisms and a commitment to review the penal laws, the government has stated that any changes must be done in consultation with the people of Malawi.
While the laws are rarely enforced against tourists, LGBTQ+ individuals in Malawi face routine violence and discrimination in their daily lives. Police have been known to physically assault, arbitrarily arrest, and detain LGBTQ+ individuals, contributing to a culture of impunity. The combination of criminalisation and social stigma has forced many LGBTQ+ people to self-censor and conform to societal expectations to avoid suspicion and arrest.
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Anal sex laws in Georgia
In Georgia, anal sex is legal when it involves consenting adults in private settings. However, individuals can be charged with sodomy if they engage in anal sex in a public setting or without the consent of the other person. The state's sodomy laws define aggravated sodomy as:
- Intentionally performing or submitting to any sexual act involving the sex organs of one person and the anus of another.
- Penetrating someone sexually with an object without their consent.
- Forcing someone to physically participate in any sexual act, regardless of their gender.
Georgia's sodomy laws also apply regardless of sexual orientation. The state's anti-sodomy laws remain on the books, but they are no longer enforceable due to the U.S. Supreme Court's ruling in Lawrence v. Texas in 2003, which found that all anti-sodomy laws pertaining to consenting adults are unconstitutional. This ruling affirmed that residents have a right to privacy, rendering sodomy laws unenforceable within private settings between two consenting adults.
Despite this, Georgia jurists continue to adjudicate anti-sodomy laws, and convictions for sodomy can result in severe consequences, including lengthy prison sentences, fines, and registration as a sex offender.
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Anti-sodomy laws in Barbados
In December 2022, Barbados' High Court abolished the country's colonial-era sodomy laws, decriminalizing gay sex. The court struck down the Sexual Offences Act, which criminalized "buggery" and "serious indecency" regardless of consent or privacy. Under these laws, same-sex sexual activity could be punished by life imprisonment, while “serious indecency" carried a maximum penalty of ten years in prison.
The decision was the result of a lawsuit filed by two Barbadian LGBT advocates, with support from local and regional organizations. This judgment aligns with similar rulings in other Caribbean countries, including Antigua and Barbuda, St. Kitts and Nevis, and Trinidad and Tobago. It is seen as a significant step towards protecting the human rights and dignity of LGBT individuals in Barbados and addressing stigma and discrimination.
Prior to the ruling, Barbados, like many other countries with anti-sodomy laws, inherited these laws from British colonial rule. These laws, which often targeted same-sex sexual acts, were based on 17th-century UK legislation. While some countries have since repealed these laws, as of April 2025, 63 countries still have laws criminalizing same-sex sexual activity, with varying degrees of enforcement and punishment.
The repeal of anti-sodomy laws is crucial in ensuring the rights and well-being of LGBT individuals. Such laws contribute to stigmatization, legitimize hate speech and discrimination, and act as barriers to accessing healthcare and improving health outcomes. The decriminalization of same-sex relations in Barbados is a step towards creating a more inclusive society and strengthening the country's response to issues like HIV.
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Frequently asked questions
A sodomy law defines certain sexual acts as crimes. Sodomy typically includes anal sex, oral sex, manual sex, and bestiality.
As of April 2025, 63 countries and 3 sub-national jurisdictions have laws that criminalize sexual activity between two individuals of the same sex. Some of these countries include Malawi, Barbados, and Georgia.
Punishments vary depending on the country and the specifics of the case. In Macau, anal coitus with someone under the age of 17 is a crime and is punishable by imprisonment of up to 10 years. In Georgia, aggravated sodomy carries a mandatory sentence of 25 years to life in prison.
Yes, there have been efforts to repeal sodomy laws in various countries and jurisdictions. For example, in the United States, the Supreme Court ruled in Lawrence v. Texas in 2003 that it is unconstitutional to bar consensual sex between adults, and this has led to the repeal of anti-sodomy laws in several states.
Sodomy laws are typically enforced through the legal system, with arrests, prosecutions, and convictions for those who are found to be in violation of the law. In some cases, there may be police sting operations targeting individuals suspected of sodomy.
