Laws Regarding Same-sex Sexual Acts
According to the Botswana Penal Code:
Section 164. Unnatural offences. Any person who-
(a) has carnal knowledge of any person against the order of nature;
(c) permits any other person to have carnal knowledge of him or her against the order of nature,
is guilty of an offence and is liable to imprisonment for a term not exceeding seven years.
Section 165. Attempts to commit unnatural offences. Any person who attempts to commit any of the offences specified in section 164 is guilty of an offence and is liable to imprisonment for a term not exceeding five years.
Section 167. Indecent practices between persons. Any person who, whether in public or private, commits any act of gross indecency with another person, or procures another person to commit any act of gross indecency with him or her, or attempts to procure the commission of any such act by any person with himself or herself or with another person, whether in public or private, is guilty of an offence.
Section 33. General punishment for offences. When in this Code no punishment is specially provided for any offence, it shall be punishable with imprisonment for a term not exceeding two years or with a fine, or with both.
Although same-sex sexual acts remain illegal, their prosecution is rare according to a 2004 publication.
Read more about this topic: LGBT Rights In Botswana
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