Territory

In August 2011, the age of consent was equalised at age 16 years [R1.6].

Crimes Bill 2011 Sexual activity with a child [L1.5]

221.(1) A person aged 18 or over (A) commits an offence if-

(a) he intentionally touches another person (B);

(b) the touching is sexual; and

(c) either-

(i) B is under 16 and A does not reasonably believe that B is 16 or over; or

(ii) B is under 13.

(2) A person who commits an offence under this section, if the touching involved-

(a) penetration of B’s anus or vagina with a part of A’s body or anything else;

(b) penetration of B’s mouth with A’s penis;

(c) penetration of A’s anus or vagina with a part of B’s body; or

(d) penetration of A’s mouth with B’s penis,

is liable on conviction on indictment, to imprisonment for 14 years.

Previously:

Consensual sex between same-sex male couples was lawful at age 18 years, compared to 16 years for heterosexuals and quaere lesbians [R1.1].

In March 2010, reportedly the British government could force Gibraltar to equalise the age of consent for gay men by an Order in Council if the territory does not take action to change the law [R1.3].

On 18 June 2009, a Private Members Bill aimed at equalising the age of consent for gay men in Gibraltar was defeated in parliament [R1.2].

In October 2007 the UK Prime Minister committed himself to ending the unequal age of consent in the self-governing territory [R1.4].

See also: 2. Courts & Tribunals

Courts & Tribunals

On 08 April 2011, High Court Chief Justice Anthony Dudley ruled that the age of consent should be the same for gay men and women as for heterosexuals [R2.3].

In November 2010, the Supreme Court was considering whether the age of consent for gay men is discriminatory, preparatory to the court declaring whether the current law is constitutional [R2.2].

In March 2010, Chief Minister Peter Caruana and Attorney General Ricky Rhoda, QC, asked the Supreme Court court to declare whether the difference between the age of consent for homosexuals compared to that for lesbian and heterosexual couples breaches the constitutional rights of gay males [R2.1].

Courts & Tribunals

On 14 December 2009, the 5–judge Judicial Committee of the Privy Council ruled that housing officials in Gibraltar discriminated against a lesbian couple because of their sexual orientation in denying them a joint tenancy in a government apartment [R1.3].

Previously:

In May 2009, a lesbian couple took their case to the Privy Council, the Court of Appeal having upheld a Supreme Court ruling that the government was entitled to protect the 'traditional family' by favouring straight married couples when allocating state housing [R1.2].

In August 2007, a lesbian couple launched legal action against the government of Gibralter over its failure to recognise their 19-year relationship [R1.1].

Territory

In 1993, consensual sex between same-sex couples was decriminalised [R1.1].