The criminalisation of same-sex sexual conduct began in Gambia's colonial era, when it was under British control as the
Gambia Colony and Protectorate. The colonial
Criminal Code (1933) of Gambia was implemented in 1934; its provisions, proscribing consensual sexual activity between males as "carnal knowledge against the order of nature" have remained in force to the present. Amendments to the code have included changes to criminalise sexual behavior between women as "gross indecency" by the
Criminal Code (Amendment) Act, 2005, and 2014 provisions dealing with "aggravated" homosexual offences that attract higher penalties, including the possibility of life imprisonment.
"Aggravated" offences Gender identity and expression The Gambia does not allow citizens to change their legal gender. Since 2013, the country has restricted freedom of gender expression under section 167 of the Criminal Code, which forbids men to dress "as women"; cross-dressing is punishable by up to 5 years in jail or a fine of 50,000
Gambian dalasi.
Discrimination protections The Gambia has no law or regulation in place for protection of residents against
discrimination based on
sexual orientation or
gender identity.
Cases of enforcement Two Spanish men in their 50s, alleged to be gay, were arrested by Gambian police and detained at Kotu police station in June 2008. "According to... sources, the Spanish contacted two taxi drivers and asked to be taken to where they can meet with homosexuals, saying they were willing to pay any amount, which the drivers agreed. The sources further said the drivers asked the Spanish to wait, that they were going to search for homosexuals. When they left, the men changed their minds and decided to contact the police at the Kotu Police Station, who arrested the Spanish." The men were subsequently released, reportedly after the Spanish government intervened. On 23 December 2008, Frank Boers, a 79-year-old man from
the Netherlands, was arrested at
Banjul International Airport when officials found him in possession of pornography, including nude pictures of himself and some Gambian men. A Banjul court found Boers guilty of indecency with those men and sentenced him to pay 100,000 Gambian dalasis (£2,500) in lieu of a two-year prison sentence. On 10 April 2012, a court remanded in custody 18 purportedly homosexual men who were arrested on 9 April at a bar in the Tourism Development Area. The men — 16 from Senegal, one from the Gambia, and one from Nigeria — were charged with "indecent practice among themselves at a public place". According to police testimony in court in July 2012, the arrests were made because men were "wearing women's clothes", carrying handbags, and "walking like ladies". On 1 August 2012, the prosecutor dropped all charges in the case. ==Family and relationship policy==