LGBT rights in Tonga | |
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Tonga |
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Same-sex sexual activity legal? | Male illegal, female legal |
Penalty:
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Up to 10 years in prison |
Gender identity/expression | – |
Recognition of relationships |
No recognition of same-sex relationships |
Adoption | _ |
Military service | _ |
Discrimination protections | None |
Male on male homosexuality is illegal Tonga with a maximum penalty of 10 years' imprisonment, A person may also be whipped as a punishment if convicted. Homosexuality is generally accepted in Tonga. The Tongan Criminal Offences Act criminilises homosexuality.[1]
Sodomy and bestiality:
136. Whoever shall be convicted of the crime of sodomy with another person or bestiality with any animal shall be liable at the discretion of the Court to be imprisoned for any period not exceeding ten years and such animal shall be killed by a public officer.
Assault with intent to commit sodomy:
137. It is an offence for a person to assault another person with intent to commit sodomy.
Indecent assault on man:
138. It is an offence for a person to make an indecent assault on a man. Attempted sodomy, indecent assault upon a male.
139. Whoever shall attempt to commit the said abominable crime of sodomy or shall be guilty of an assault with intent to commit the same or of any indecent assault upon any male person shall be liable at the direction of the Court to imprisonment for any term not exceeding 10 years.
Evidence:
140. On the trial of any person upon a charge of sodomy or carnal knowledge it shall not be necessary to prove the actual emission of seed but the offence shall be deemed complete on proof of penetration only.
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