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LGBTQ rights in Samoa
Samoa
Status	Illegal
Penalty	Up to 7 years in prison
Discrimination protections	No
Family rights
Recognition of relationships	No
Adoption	No

Same-sex sexual acts are illegal in Samoa. Samoan culture is historically tolerant of homosexuality. In particular, there is a tradition of raising some boys in a family as girls to play an important domestic role in Samoan life. Such transvestite males are known as fa'afafine, but their role does not easily equate with western gayness. This tradition means that there is widespread acceptance of the transgendered.

Crimes Ordinance 1961

Sections 58D, 58E, 58G, and 58J of the Crimes Ordinance 1961 criminalised same-sex sexual acts.

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 subsection (1)(b) or (c), 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.

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.

58G. Attempts to commit sodomy ... - Everyone is liable to imprisonment for a term not exceeding 5 years who:

(a) attempts to commit sodomy ...; or

(b) assaults any person with intent to commit sodomy.

58J. Keeping place of resort for homosexual acts - Everyone is liable to imprisonment for a term not exceeding 7 years who:

(a) keeps or manages, or knowingly acts or assists in the management of, any premises used as a place of resort for the commission of indecent acts between males; or

(b) being the tenant, lessee or occupier of any premises, knowingly permits the premises or any part thereof to be used as a place of resort for the commission of indecent acts between males; or

(c) being the lessor or landlord of any premises, or the agent of the lessor or landlord, lets the premises or any part thereof with the knowledge that the premises are to be used as a place of resort for the commission of indecent acts between males, or that some part thereof is to be so used, or is wilfully a party to the continued use of the premises or any part thereof as a place of resort for the commission of such acts as aforesaid.

Sodomy was defined in the case of Police v Poi, WSSC 49, as meaning penetration of the male or female victim's anus by the offender's penis.

In 2011, it was reported that Samoa will decriminalize same-sex sexual acts between consenting adults under a new Criminal Code recommended by Samoa's Law Reform Commission. However, the government rejected the Commission's recommendation regarding decriminalisation of same-sex sexual activity in December 2011 and it remains illegal under sections 60, 67, 68 and 71 of the Crimes Act 2013, which replaced the Crimes Ordinance 1961 on 1 May 2013.

Recognition of same-sex marriage

In August 2012, Prime Minister Tuilaepa Sailele Malielegaoi reportedly "scoffed" at the idea that Samoa would follow the lead of New Zealand in legalising same-sex marriage. When asked if he would support legalisation, he said, "You are dreaming." He reiterated this position, on explicitly religious grounds, in March 2013.

My view as the leader of Samoa on this gay marriage issue is simple: There is no way, none whatsoever, that this issue will ever be considered in Samoa. The Samoan parliament would never consider a bill such as this, at least not in my time. It is the strong and combined view of the government of Samoa and the country's religious denominations. We stand united against this because Samoa is founded on Christian beliefs. And Christian beliefs are against this type of behavior which the Bible states, was the reason for the curse that brought destruction on Gomorrah and Sodom. It is very clear that the sacrament of marriage is between a man and a woman. Same sex marriage is a sin. And no matter how people present this issue, no matter how they wrap it up, there is only one truth, and that is, this type of behavior is a sin.

References

1. Samoa Gay Guide
2. Crimes Ordinance 1961
3. ^ CRIMES ORDINANCE 1961, Report 01/10, Samoa Law Reform Commission, June 2010
4. Wockner, Rex (14 June 2011). "Samoa may decriminalise same-sex relations between men". Pink Paper. Archived from the original on 12 July 2012.
5. SAMOA CABINET: DROP LIBEL LAW, ALLOW FEMALE IMPERSONATION
6. Crimes Act 2013
7. Samoa gets new Crimes Act
8. "Gay marriage in Samoa? You're dreaming, PM says", Samoa News, reported by Lanuola Tusani Tupufia and Aigaletaule’ale’a F. Tauafiafi, 5 August 2012
9. "PM firm on rejection of same sex marriage", Sunday Samoan, reported by Lealaiauloto F. Tauafiafi, 31 March 2013

• Samoan law
• LGBT rights in Oceania