However, homosexual relationships with fellow soldiers, slaves, royal attendants, or those where a social better was submissive or penetrated, were treated as bad omens. Such sexual relations were even seen as good fortune, with an Akkadian tablet, the Šumma ālu, reading, "If a man copulates with his equal from the rear, he becomes the leader among his peers and brothers". An individual faced no punishment for penetrating someone of equal social class, a cult prostitute, or with someone whose gender roles were not considered solidly masculine. In Assyrian society, sex crimes were punished identically whether they were homosexual or heterosexual. In Deuteronomy 22:5, cross-dressing is condemned as "abominable". The ancient Law of Moses (the Torah) forbids men from lying with men (i.e., from having intercourse) in Leviticus 18 and gives a story of attempted homosexual rape in Genesis 19, in the story of Sodom and Gomorrah, after which the cities were soon destroyed with "brimstone and fire, from the Lord" and the death penalty was prescribed to its inhabitants – and to Lot's wife, who was turned into a pillar of salt because she turned back to watch the cities' destruction. Vanita states that the verses about punishment for a sex between female and a maiden is due to its strong emphasis on a maiden's sexual purity. Manusmriti prescribes light punishments for such acts. The Yājñavalkya Smṛti prescribes fines for such acts including those with other men. The Dharmsastras, especially the later ones, prescribe against non-vaginal sex like the Vashistha Dharmasutra. Homosexual acts are, however, treated as a smaller offence punishable by a fine, while unlawful heterosexual sex carries much harsher punishment.
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Ī 2022 study found that LGBT rights (as measured by ILGA-Europe's Rainbow Index) were correlated with less HIV/AIDS incidence among gay and bisexual men independently of risky sexual behavior. Following the issuance of the report, the United Nations urged all countries which had not yet done so to enact laws protecting basic LGBT rights. In 2011, the United Nations Human Rights Council passed its first resolution recognizing LGBT rights, following which the Office of the United Nations High Commissioner for Human Rights issued a report documenting violations of the rights of LGBT people, including hate crimes, criminalization of homosexual activity, and discrimination. Fifteen countries have stoning on the books as a penalty for adultery, which would include gay sex, but this is enforced by the legal authorities in Iran only.
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Sudan rescinded its unenforced death penalty for anal sex (hetero- or homosexual) in 2020. As well as, LGBT people face extrajudicial killings in Afghanistan under the Taliban rule, and in the Russian region of Chechnya. The death penalty is officially law, but generally not practiced, in Brunei, Mauritania, Nigeria (in the northern third of the country), Saudi Arabia, Somalia (in the autonomous state of Jubaland) and the United Arab Emirates.
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By contrast, not counting non-state actors and extrajudicial killings, only one country is believed to impose the death penalty on consensual same-sex sexual acts: Iran. Notably, as of January 2021, 29 countries recognized same-sex marriage.