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LGBT rights in Sudan

LGBT rights in Sudan
Sudan (orthographic projection).svg
Same-sex sexual activity legal? Illegal since 1899 (as Anglo-Egyptian Sudan) Also Islamic Sharia Law is applied
Penalty:
Up to death. Complex gradation and sequence of alternative punishments - refer to the article
Military service Unknown
Discrimination protections Unknown
Family rights
Recognition of
relationships
Unknown
Adoption Unknown

Lesbian, gay, bisexual, and transgender (LGBT) persons in Sudan face legal challenges not experienced by non-LGBT residents. Despite not being actively enforced, the death penalty for male same-sex behavior remains on the books in Sudan.

Same-sex sexual activity is illegal in Sudan. The Criminal Act, 1991 provides as follows:

Article 19. Attempt is the commission of an act which apparently indicates the intention to commit an offence, where the offence has not been consummated, due to a cause beyond the offender's will.

Article 20. (1) Whoever attempts to commit an offence shall be punished with imprisonment, for a term, which may not exceed one-half of the maximum term prescribed for that offence....

(2) Where the penalty of any one offence is death ..., punishment for attempt thereof shall be imprisonment, for a term, not exceeding seven years.

Article 148. (1) There shall be deemed to commit sodomy, every man who penetrates his glans, or the equivalent thereof, in the anus of ... another man's, or permits another man to penetrate his glans, or its equivalent, in his anus.

(2)(a) whoever commits the offence of sodomy, shall be punished, with whipping a hundred lashes, and he may also be punished with imprisonment for a term, not exceeding five years;

(b) where the offender is convicted for the second time, he shall be punished, with whipping a hundred lashes, and with imprisonment, for a term, not exceeding five years;

(c) where the offender is convicted for the third time, he shall be punished, with death, or with life imprisonment.

Article 151. (1) There shall be deemed to commit the offence of gross indecency, whoever ... does any sexual act, with another person not amounting to ... sodomy, and he shall be punished, with whipping, not exceeding forty lashes, and he may also be punished, with imprisonment, for a term, not exceeding one year, or with fine.

(2) Where the offence of gross indecency is committed in a public place ... the offender shall be punished, with whipping not exceeding eighty lashes, and he may also be punished, with imprisonment, for a term, not exceeding two years, or with fine.

Article 152. (1) Whoever commits, in a public place, an act, or conducts himself in an indecent manner, or a manner contrary to public morality, or wears an indecent, or immoral dress, which causes annoyance to public feelings, shall be punished, with whipping, not exceeding forty lashes, or with fine, or with both.

(2) The act shall be deemed contrary to public morality, if it is so considered in the religion of the doer, or the custom of the country where the act occurs.

Siegfried Frederick Nadel wrote about the Nuba tribes in the late 1930s.


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