sodomy

The appellant was convicted of having carnal knowledge of a person against the order of nature (i.e., homosexual sex acts, in this case anal sexual intercourse) in violation of section 145 of the Penal Code Act.  On appeal, appellant’s counsel emphasized the State offered no evidence of penetration, that corroboration is necessary in cases of sexual offenses, and the compromised credibility of several material prosecution witnesses, including a complainant.  Four years before the trial when he was 17 or 18, the complainant testified that he went to the Appellant’s home for a party

This case is an appeal from a judgment by a lower court.  Judge Delmy Elizabeth Mejia Salazar found Alvin, a 27-year-old farmer originating from Concepcion de Ataco, guilty of attempted rape of a minor (11 years old) in violation of articles 159 and 172 of the El Salvadoran criminal code, and sentenced Alvin to seven years imprisonment.  In the underlying case, the victim testified that Alvin forced her into a crawling position, raped, and sodomized her.

Section 133 of the Criminal Code makes anal intercourse between one man and another man (buggery) a criminal offence. Buggery is punishable by life imprisonment if committed with force and without consent, or ten years imprisonment in any other case.