There are reports that the possibility of dismissal under the law is being used by supervisors and others to harass gay and lesbian service members. At least one reportedly occurred in 2013.
It is unclear how many convictions have taken place under this law. The provision, which is under a chapter in the code called “on cowardice and other crimes against military decorum,” penalizes committing “sexual acts against nature.” It does not prohibit consensual heterosexual sex. Yet one perverse aspect of the military’s open disregard for human rights has not received the attention it deserves.Ī draconian provision in Venezuela’s Military Code of Justice punishes consensual same-sex conduct by service personnel with up to three years in prison and dismissal. It is widely known that the Venezuelan military carries huge political weight in the country, that high level officers hold key government positions, and that egregious military abuses, including extrajudicial killings, torture, and arbitrary detentions, remain in impunity. Soldiers march during a military parade marking Independence Day in Caracas, Venezuela, Monday, July 5, 2021.
