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Laws

COOK ISLANDS

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Homosexuality, Sodomy Legislation/Cases/References
1.

National

The law in Cook Islands prohibits consensual sex between male couples [R1.1].

The Crimes Act 1969 provides -

Section 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.

Section 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" [R1.1].

R1.1 ILGA: "State-Sponsored Homophobia" MAY 08

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