Some conflicting reports.... many say they were indeed doing it on the balcony. Which makes more sense, since it would be very hard to see from the dock through a window whether there was actual sodomy going on.

The idiocy here goes all around: to Atlantis for docking in ports where homosexuality is illegal, to the defendants who (1) don't care about having sex in the open and (2) don't pay attention to what country they're in. THey now claim they weren't having sex, and are complaining that the prison conditions were bad because they are gay.
THe prison conditions were bad because holding cells in Dominica are bad, regardless of one's sexual orientation.