Laws

LIBYA

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HIV / Aids Legislation/Cases/References
1.

National

In September 2008, Libya was reportedly amongst a number of countries that restrict short-term travel for individuals living with HIV [R1.1].

R1.1 Immigration Equality: "Congress to Bush: Repeal HIV Travel Ban" 22 SEP 08
Homosexuality, Sodomy Legislation/Cases/References
1.

National

In May 2008, under the Penal Code of 1952/1969, Third Chapter: Offences against freedom, honour and morality -

Article 407: Sexual assault/rape

"(1) Any individual who has sexual intercourse with another person using violence, by means of threats or through deception shall be punished with a term of imprisonment of a maximum of ten years.

(2) This punishment shall also be imposed on any individual who has had sexual intercourse with the consent of a person who was not yet 14 years of age or with a person who did not resist on account of mental or physical disability. If the victim was not yet 14 years of age or was over 14 years of age but had not yet reached the age of 18, the maximum term of imprisonment shall be 15 years.

(3) If the offender is a relative of the victim, a guardian, a tutor or a custodian, or if the victim is his servant, or if the victim has a special dependant relationship to the offender, a term of imprisonment of between five and 15 years shall be imposed.

(4) If an individual has sexual intercourse with another person with their consent (outside marriage), the two persons involved shall be punished with a term of imprisonment of five years at most."

Article 408: Lewd acts

"(1) Any individual who commits lewd acts with a person in accordance with one of the methods specified in the preceding article shall be punished with a period of imprisonment of five years at most.

(2) This punishment shall also be imposed if the act has been committed in agreement with a person who was not yet 14 years of age or with a person who did not resist on account of a mental or physical disability. If the victim was between the ages of 14 and 18, the term of imprisonment shall be at least one year.

(3) If the offender belongs to one of the groups of offenders specified in paragraphs (2) and (3) of Article 407, a term of imprisonment of at least seven years shall be imposed.

(4) If an individual commits a lewd act with another person with their agreement (outside marriage), both parties shall be punished with a term of imprisonment." [R1.1].

R1.1 ILGA: "State-Sponsored Homophobia" MAY 08
German Bundestag: "Criminal law provisions on homosexuality and their application around the world" page 16, 28 NOV 06

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