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Homosexuality, Sodomy Legislation/Cases/References
1.

National

Crimes Ordinance 1961, Consolidated Acts of Samoa 2007-2008 [L1.2].

Section 58D. Indecency between males –

(1) Everyone is liable to imprisonment for a term not exceeding 5 years who, being 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 16 years shall be charged with committing or being a party to an offence against paragraph (b) or paragraph (c) of subsection (1), unless the other male was under the age of 21 years.

(3) It is no defence to a charge under this section that the other party consented.

Section 58E. Sodomy –

(1) Everyone who commits sodomy is liable:
(a) Where the act of sodomy is committed on a female, to imprisonment for a term not exceeding 7 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 16 years and the offender is of or over the age of 21 years, to imprisonment for a term not exceeding 7 years.
(c) In any other case, to imprisonment for a term not exceeding 5 years.

(2) This offence is complete upon penetration.

(3) Where sodomy is committed on any person under the age of 16 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 58D of this Act in any case to which that section is applicable.

(4) It is no defence to a charge under this section that the other party consented.


In June 2011, Law Reform Commission reportedly told the government to legalise male-male sexual intercourse [R1.1].

L1.2 ILGA: State-sponsored Homophobia 380.51kb, PDF MAY 11
R1.1 PinkPaper: Samoa may decriminalise same-sex relations between men 14 JUN 11
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

National

On 01 May 2013, the Crimes Act 2013 commenced, replacing the Crimes Ordinance 1961 which criminalized 'the impersonation of a female' by any male in Samoa. The law was used to persecute fa'afafine with fines or imprisonment as the penalty [L1.3], [R1.2].

Fa'afafine are biological males identified with strong feminine characteristics by family in their early years who are then raised as a third gender with specific roles separate to men and women [R1.1].

L1.3 Parliament of Samoa: Crimes Act 2013 PDF 561.76kb, 26 APR 13
R1.2 GayStarNews: 'Impersonating a woman' decriminalized in Samoa 02 MAY 13
R1.1 SX News: 'Third gender' a 'glorious miracle': Samoan PM 04 JUL 11

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