Do you think the Buggery Law should be?

The Safe House Homeless LGBTQ Project 2009 a detailed look & more


In response to numerous requests for more information on the defunct Safe House Pilot Project that was to address the growing numbers of displaced and homeless LGBTQ youth in Kingston in 2007/8/9, a review of the relevance of the project as a solution, the possible avoidance of present issues with some of its previous residents if it were kept open.
Recorded June 12, 2013; also see from the former Executive Director named in the podcast more background on the project: HERE also see the beginning of the issues from the closure of the project: The Quietus ……… The Safe House Project Closes and The Ultimatum on December 30, 2009

Thursday, May 8, 2008

Parliamentary Submission by JFLAG


THE JAMAICA FORUM FOR LESBIANS ALL-SEXUALS AND GAYS (J-FLAG) WITH REGARD TO "AN ACT TO AMEND THE CONSTITUTION OF JAMAICA TO PROVIDE FOR A CHARTER OF RIGHTS AND FOR CONNECTED MATTERS"



A constitution should provide a foundation of principles upon which the laws of a society are built. It should ensure, for all its constituents, the rights to equality before the law, and to dignity of the person.
Rights such as these are integral to the very foundation of this country. The birth of Jamaica as a modern nation occurred out of a history of oppression and colonialism that necessitated the claiming, by the disadvantaged black majority, of a new rule of law that idealised these two rights.
A Bill of Rights should seek to protect the inherent human identity from abuse. By this we mean that features which are inherently and innately a part of one's identity ought not to be allowed to form the basis for discrimination or exclusion by others. The Jamaican Constitution currently protects against discrimination based on race, and it is now proposed that gender be included as a head of non-discrimination. We believe that sexual orientation also ought properly to be brought under the protective umbrella of the anti-discrimination clause.

What, then, is "sexual orientation"? Professor Edwin Cameron (now a Judge of the South African Constitutional Court) writes, at pp. 450 of the 1993 volume of the South African Law Times ([1993] S.A.L.T. 450):

"Sexual orientation is defined by reference to erotic attraction: in the case of heterosexuals, to members of the opposite sex; in the case of gays and lesbians, to members of the same sex. Potentially, a homosexual or gay or lesbian person can therefore be anyone who is erotically attracted to members of his or her own sex".
The sexual orientation of a person does not merely refer to the preferred gender of one's sexual partner. It speaks to the person's individuality and personality - one's notion and expression of self, social and emotional bonding, lifestyle and conduct.
The balance of scientific opinion is weighted in favour of the view that sexuality, including sexual expression, is indivisible from individual identity. More than thirty years ago the American Psychiatric Association announced that it would no longer consider homosexuality to be a pathology; after all, one's sexuality is as much a fact of life as one's race, or gender.
The notion of "sexual orientation", therefore, is clearly neutral, and an anti-discrimination clause would protect all persons from injury to their person, property or interests on the basis of the fact or perception of their sexual orientation. Discrimination, or institutionalised prejudice, based on one's sexual orientation is an issue that affects mainly the minority lesbian, gay and bi-sexual community.
In Jamaica, the law reflects a manifestly heterosexist worldview, illustrated not only by the absence of any kind of protection based on sexual orientation, but also by the criminalisation of male homosexual intimacy.

THE LAWThe Offences Against the Person Act prohibits "acts of gross indecency" (generally interpreted as referring to any kind of physical intimacy) between men, in public or in private. The offence of buggery is created by section 76, and is defined as anal intercourse between a man and a woman, or between two men. No force is required for the commission of the offence of buggery. Most of the prosecutions in fact, involve consenting adult men suspected of indulging in anal sex. To the best of our knowledge, a man and a woman engaging in consensual anal sex is seldom, if ever, prosecuted for buggery.Justice Albie Sachs of the South African Constitutional Court (SACC) who, on his recent visit to Jamaica, attended a special meeting with the Steering Committee of J-FLAG and other members of the gay and lesbian community, is reported, at para. 108 of the Judgement of the SACC in Case No. CCT 11/98, The National Coalition for Gay and Lesbian Equality (NCGLE) et al versus The Minister of Justice et al, as saying:

"It is important to start the analysis by asking what is really being punished by the anti-sodomy laws. Is it an act, or is it a person? Outside of regulatory control, conduct that deviates from some publicly established norm is usually only punishable when it is violent, dishonest, treacherous or in some other way disturbing of the public peace or provocative of injury. In the case of male homosexuality however, the perceived deviance is punished simply because it is deviant. It is repressed for its perceived symbolism rather than because of its proven harm. If proof were necessary, it is established by the fact that consensual anal penetration of a female is not [prosecuted]. Thus, it is not the act of sodomy that is denounced… but the so-called sodomite who performs it; not any proven social damage, but the threat that same-sex passion in itself is seen as representing to heterosexual hegemony."

The social effect of these laws is that homosexuality is seen as perverse/ "bent", not because of what the actors do, so much, but because of who they are - namely, homosexual men. Effectively, the buggery and gross indecency laws sanction discrimination against gay men, for being gay men.


Notwithstanding that there are no penal sanctions attending lesbian conduct, homosexual females are affected by the same taint as male homosexuals. Ironically, the best evidence of this is the fact that the Jamaican word for lesbian (i.e., sodomite) is actually derived from sodomy, the other word for buggery. And in socio-cultural terms - jobs, housing, general treatment - the Jamaican lesbian is just as discriminated against as her male counterpart, although she is less likely to face physical violence.


THE CONSTITUTIONThe right to equal treatment before the law is entrenched in our current constitution, which also speaks to the right to privacy, as part of the legal framework for protection of the dignity of the person. Unfortunately, by virtue of the savings clauses at section 26 (8) and (9), which preserve laws that pre-existed the Constitution, the interpretation of these rights is, essentially, crystallised in pre-1962 law -both common law and statute law as it was transplanted from Britain. (Today, the British have rid themselves of laws such as the buggery law, which by virtue of our savings law clause remains constitutionally preserved here.)


We do not propose any ingenious interpretations to make the present Constitution progressive. We argue, simply, that the right not to be discriminated against by virtue of sexual orientation should be expressly and unequivocally propounded in any reformed Bill of Rights. This is the approach of the new South African Constitution (1996) which provides, at section 9(3):

"The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth."
Our recent political history indicates the dangers of allowing ourselves to be led, legally and socially, by a tyranny of the majority. The bloodshed that has resulted from tribal politics over the past two decades graphically demonstrates the natural progression of intolerance for difference, particularly when supported by the force of might.
This type of intolerance is based on a fear that difference, particularly when it appears as a departure from norms, or "deviance", may lead to a destruction of society as we know it. But this fear is totally unjustified. History is replete with challenges to various norms - racist, classist, sexist, even biblical norms - and such challenges have often-time contributed to, rather than detracted from, the development of mankind.
Nonetheless, we do not propose the removal of heterosexual norms in favour of homosexual ones - that would only create another type of homogeneity, with a different basis for discrimination in this regard. Furthermore, no amount of legislative activity could achieve that. What we propose, instead, is the development of a normative framework of law, which acknowledges, and ensures respect for, all types of differences - political, ethnic, cultural, religious, sexual, social, economic and physical.Justice Sachs, at para. 134 of the same case report mentioned earlier (NCGLE vs Min. of Justice) says, in relation to the SA constitution:

"What the constitution requires is that the law and public institutions acknowledge the variability of human beings and affirm the equal respect and concern that should be shown to all as they are. At the very least, what is statistically normal ceases to be the basis for establishing what is legally normative. More broadly speaking, the scope of what is constitutionally normal is expanded to include the widest range of perspectives and to acknowledge, accommodate and accept the largest spread of difference. What becomes normal in an open society, then, is not an imposed and standardised form of behaviour that refuses to acknowledge difference, but the acceptance of the principle of difference itself, which accepts the variability of human behaviour."

As he explained in his meeting with the Jamaican gay and lesbian community, in arriving at this type of approach, the question for the framers of the South African constitution was, simply, what kind of society were they in the process of creating? If the intention was to create a truly plural society, which had learnt its lessons from a history of institutionalised oppression, there was no place for the exclusion of any recognisable constituency from the protection of the new constitution.

INTERNATIONAL HUMAN RIGHTS PERSPECTIVE

Broad-based anti-discrimination clauses are in keeping with prevailing international human rights standards. In 1994, the United Nations Human Rights Committee, under the Optional Protocol of the International Convention on Civil and Political Rights (ICCPR, to which Jamaica was, until recently, a signatory) had occasion to consider sections 122 and 123 of the Tasmanian Criminal Code, which is similar to our gross indecency law.
The Committee found that the provision violated articles 2 and 17 of the ICCPR which, respectively, prohibit discrimination and protect privacy. In response to government arguments that the legislation was designed to meet concerns about the spread of HIV-AIDS, the Committee declared that "the criminalisation of homosexual practices cannot be considered a reasonable or proportionate measure", and noted that such legislation would only worsen the situation by driving (infected) homosexuals underground.
It also rejected Tasmania's claim that "moral issues are exclusively a domestic concern" and interpreted "sex" in the non-discrimination clause of the ICCPR as including "sexual orientation".

There are a growing number of countries that are being guided by these principles: Namibia and Ecuador have recently incorporated into their constitutions, clauses similar to section 9 (3) of the South African constitution, while Chile and Georgia (USA) repealed their sodomy laws just this year. The Netherlands and other European countries have always had progressive policies in this regard, even granting legal recognition to homosexual domestic partnerships.

As a country that relies so heavily on international aid and trade, and prides itself on being a leader in the Caribbean, Jamaica should seek to be at the forefront of these international trends. The European Union is considering including human rights conditions, with particular reference to gay rights and the death penalty, in any future aid grants to the Caribbean territories; we believe it would show both economic and political wisdom, to be pre-emptive in this regard. Otherwise, we might be forced into a position where we are seen as bowing to international pressure, and/or "selling out" our moral values.

SOCIAL ATTITUDES AND REALITIES

Jamaica's intolerance of homosexuality is so acute that it has gained international notice, through the lyrics of gay-bashing songs like "Boom Bye Bye", and the hostility to our gay visitors, which they have reported to international organisations like the International Lesbian and Gay Travel Association. It is not only the international gay community that has been incensed by such incidents, but also persons of heterosexual orientation who value human rights and justice. Some boast that intolerance towards the gay and lesbian community is "part of our culture," and that protection of homosexuals from discrimination is, likewise, counter-cultural and even anti-nationalistic. But should bigotry and prejudice be perpetuated by constitutional silence, and endorsed by express legislative provisions?
In any event, it is precisely this intolerance, and its potential for harm, which creates the necessity for protection from discrimination, and so to rely on it for the opposite effect is very much like Caesar appealing to Caesar.
It is claimed that our homophobia finds its justification in the pages of the Bible, and particularly in the story of Sodom and Gomorrah, and the purity laws of Leviticus. While we recognise that established ethical and moral guidelines have certainly been influenced by the Bible and related biblical documents, we hold that the appropriation by legislatures of the Christian condemnation of homosexuals is a purely arbitrary process, guided largely by individual biases and collective prejudices. In the case of adultery, of which much more mention is made in Biblical text, Jamaica has no law pertaining to its condemnation or prosecution. The same applies to the act of fornication.

Furthermore, the Bible (or, rather, one or other interpretation of it) ought not to be a source of laws in a country whose constitution guarantees freedom of conscience/religion. In a non-theocratic society where the separation of Church and State has long been established, legal norms cannot be based on declarations of any one religious document. This is not to undermine the importance of the Church in the lived experiences of Jamaicans, but rather to encourage a less universalistic, more inclusive approach to the legislative process, one which recognises the variability of those lived experiences.


Mark Wignall, in his article "J-FLAG must cool down its homosexual heat" published in the Jamaica Observer of 21st December, 1998, captures the Jamaican attitude of revulsion and condescension towards homosexuals:

"Jamaicans expect homosexuals to be quiet as they indulge in their watchamacallit. Jamaicans expect them to be ashamed, remorseful, penitent and retiring. None of us want them to take their song and dance routine to the National Arena, or Jamaica House."
It is precisely these types of stereotypical and derogatory comments that affect the ability of gays and lesbians to make their contributions to Jamaica national life. Despite the significant contribution of the gay and lesbian population to all areas of national life, but particularly in the professions and the arts, we are marginalised, victimised, abused - emotionally, verbally and physically - and even, sometimes, killed. Thus we are denied, in real terms, the basic rights of self-expression which heterosexuals take for granted.
How does this affect us? Justice Sachs answers this question so well in pares 127 and 128 of the NCGLE vs. Min of Justice judgement:
"In the case of gays, history and experience teach us that the scarring [of the sense of dignity and self-worth] comes … from invisibility. It is the tainting of desire, it is the attribution of perversity and shame to spontaneous bodily affection, it is the prohibition of the expression of love, it is the denial of full moral citizenship in society because you are what you are, that impinges on the dignity and self-worth of a group. …Gays constitute a distinct though invisible section of the community that has been treated not only with disrespect or condescension, but with disapproval and revulsion; they are not generally obvious as a group, pressurised by society and the law to remain invisible; their identifying characteristic combines all the anxieties produced by sexuality with all the alienating effects resulting from difference; and they are seen as especially contagious, or prone to corrupting others. None of these factors applies to other groups traditionally subject to discrimination…"

Any framework of laws that encourages this type of treatment of any section of the society, as apartheid did, is illegitimate and should not be supported or perpetuated. The changes we propose will not in any way detract from the rights of any person. Gays and lesbians, contrary to another popular stereotype, are not interested in "recruitment" of others to any cause. We are quite simply requesting the same rights and protections under law, which have already been afforded the majority of Jamaican society. Such inclusion, in effect, will only enhance the right of self-determination and self-expression for all citizens in this plural society. We are, after all, "out of many, one people".

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After catching midway a radio discussion on the subject of Jamaica being labelled as homophobic I did a quick look at the long held belief in Jamaica by anti gay advocates, sections of media and homophobes that several murders of alleged gay victims are in fact 'crimes of passion' or have jealousy as their motives but it is not as simple or generalized as that.

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Aphrodite’s PRIDE JA tackles gender identity, transgender misconceptions .....



Nationwide New Network, NNN devoted some forty five minutes of prime time yesterday evening to discuss the issue and help listeners to at least begin to process some of the information coming from the most public declaration exercise as done by Jenner. Guests on the show were Dr Karen Carpenter Board Certified Clinical Sexologist and Psychologist, ‘Satiba’ from Aphrodite’s P.R.I.D.E Jamaica of which I am affiliated and Lecturer (Sociologist) and host of Every Woman on the station Georgette Crawford Williams (sister of PNP member of parliament Damian Crawford); one of the first questions thrown at Satiba by host Cliff Hughes was why has Jenna waited so long at 65 years old to make such a life changing decision?

Satiba responded that many transwomen have to hide their true identity in life .... given her life when she was younger she was a star athlete she would have been under tremendous precious to stay in from the expectations by the public and her team etc, also owing to the fact that she had a family as a man with children one may not want to upset the flow at that time until the kids are old enough. There is a lot of burden of guilt that some persons carry in weighing the decisions of coming out or transitioning so suppression of one’s true self is the modus operandi.

Dr Carpenter cautioned after a heated exchange:

“We really must remember as professionals we must stay in our lane I will never pronounce as a Sociologist cause I am not a Sociologist ............When we have an opportunity to speak publicly we must be careful of what we say unless it is extremely well informed......”


Aphrodite's P.R.I.D.E Jamaica, APJ launched their website


Aphrodite's P.R.I.D.E Jamaica, APJ launched their website on December 1 2015 on World AIDS Day where they hosted a docu-film and after discussions on the film Human Vol 1






audience members interacting during a break in the event


film in progress

visit the new APJ website HERE

See posts on APJ's work: HERE (newer entries will appear first so scroll to see older ones)

Dr Shelly Ann Weeks on Homophobia - What are we afraid of?


Former host of Dr Sexy Live on Nationwide radio and Sexologist tackles in a simplistic but to the point style homophobia and asks the poignant question of the age, What really are we as a nation afraid of?


It seems like homosexuality is on everyone's tongue. From articles in the newspapers to countless news stories and commentaries, it seems like everyone is talking about the gays. Since Jamaica identifies as a Christian nation, the obvious thought about homosexuality is that it is wrong but only male homosexuality seems to influence the more passionate responses. It seems we are more open to accepting lesbianism but gay men are greeted with much disapproval.

Dancehall has certainly been very clear where it stands when it comes to this issue with various songs voicing clear condemnation of this lifestyle. Currently, quite a few artistes are facing continuous protests because of their anti-gay lyrics. Even the law makers are involved in the gayness as there have been several calls for the repeal of the buggery law. Recently Parliament announced plans to review the Sexual Offences Act which, I am sure, will no doubt address homosexuality.

Jamaica has been described as a homophobic nation. The question I want to ask is: What are we afraid of? There are usually many reasons why homosexuality is such a pain in the a@. Here are some of the more popular arguments MORE HERE

also see:
Dr Shelly Ann Weeks on Gender Identity & Sexual Orientation


Sexuality - What is yours?

Promised conscience vote was a fluke from the PNP ........



SO WE WERE DUPED EH? - the suggestion of a conscience vote on the buggery law as espoused by Prime Minister (then opposition leader) in the 2011 leadership debate preceding the last national elections was a dangling carrot for a dumb donkey to follow.

Many advocates and individuals interpreted Mrs Simpson Miller's pronouncements as a promise or a commitment to repeal or at least look at the archaic buggery law but I and a few others who spoke openly dismissed it all from day one as nothing more than hot air especially soon after in February member of parliament Damian Crawford poured cold water on the suggestion/promise and said it was not a priority as that time. and who seems to always open his mouth these days and revealing his thoughts that sometimes go against the administration's path.

I knew from then that as existed before even under the previous PM P. J. Patterson (often thought to be gay by the public) also danced around the issue as this could mean votes and loss of political power. Mrs Simpson Miller in the meantime was awarded a political consultants' democracy medal as their conference concludes in Antigua.


War of words between pro & anti gay activists on HIV matters .......... what hypocrisy is this?



War of words between pro & anti gay activists on HIV matters .......... what hypocrisy is this?

A war of words has ensued between gay lawyer (AIDSFREEWORLD) Maurice Tomlinson and anti gay activist Dr Wayne West (supposed in-laws of sorts) as both accuse each other of lying or being dishonest, when deception has been neatly employed every now and again by all concerned, here is the post from Dr West's blog

This is laughable to me in a sense as both gentleman have broken the ethical lines of advocacy respectively repeatedly especially on HIV/AIDS and on legal matters concerning LGBTQ issues

The evidence is overwhelming readers/listeners, you decide.


Fast forward 2015 and the exchanges continue in a post from Dr Wayne West: Maurice Tomlinson misrepresents my position on his face book page and Blog 76Crimes

Tomlinson's post originally was:






Urgent Need to discuss sex & sexuality II






Following a cowardly decision by the Minister(try) of Education to withdraw an all important Health Family Life, HFLE Manual on sex and sexuality

I examine the possible reasons why we have the homo-negative challenges on the backdrop of a missing multi-generational understanding of sexuality and the focus on sexual reproductive activity in the curriculum.

also see:

and





Calls for Tourism Boycotts are Nonsensical at This Time





(2014 protests New York)

Calling for boycotts by overseas based Jamaican advocates who for the most part are not in touch with our present realities in a real way and do not understand the implications of such calls can only seek to make matters worse than assisting in the struggle, we must learn from, the present economic climate of austerity & tense calm makes it even more sensible that persons be cautious, will these groups assist when there is fallout?, previous experiences from such calls made in 2008 and 2009 and the near diplomatic nightmare that missed us; especially owing to the fact that many of the victims used in the public advocacy of violence were not actual homophobic cases which just makes the ethics of advocacy far less credible than it ought to be.

See more explained HERE from a previous post following the Queen Ifrica matter and how it was mishandled

Newstalk 93FM's Issues On Fire: Polygamy Should Be Legalized In Jamaica 08.04.14



debate by hosts and UWI students on the weekly program Issues on Fire on legalizing polygamy with Jamaica's multiple partner cultural norms this debate is timely.

Also with recent public discourse on polyamorous relationships, threesomes (FAME FM Uncensored) and on social.

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a 2009 Word focus report where the history of the major explosion of homeless MSM occurred and references to the party DVD that was leaked to the bootleg market which exposed many unsuspecting patrons to the public (3:59), also the caustic remarks made by former member of Parliament in the then JLP administration.

The agencies at the time were also highlighted and the homo negative and homophobic violence met by ordinary Jamaican same gender loving men.

The late founder of the CVC, former ED of JASL and JFLAG Dr. Robert Carr was also interviewed.

At 4:42 that MSM was still homeless to 2012 but has managed to eek out a living but being ever so cautious as his face is recognizable from the exposed party DVD, he has been slowly making his way to recovery despite the very slow pace.

Thanks for your Donations

Hello readers,

Thank you for your donations via Paypal in helping to keep this blog going, my limited frontline community work, temporary shelter assistance at my home and related costs. Please continue to support me and my allies in this venture that has now become a full time activity. When I first started blogging in late 2007 it was just as a pass time to highlight GLBTQ issues in Jamaica under then JFLAG's blogspot page but now clearly there is a need for more forumatic activity which I want to continue to play my part while raising more real life issues pertinent to us.

Donations presently are accepted via Paypal where buttons are placed at points on this blog(immediately below, GLBTQJA (Blogspot), GLBTQJA (Wordpress) and the Gay Jamaica Watch's blog as well. If you wish to send donations otherwise please contact: glbtqjamaica@live.com or lgbtevent@gmail.com



Activities & Plans: ongoing and future
  • Work with other Non Governmental organizations old and new towards similar focus and objectives

  • To find common ground on issues affecting GLBTQ and straight friendly persons in Jamaica towards tolerance and harmony

  • Exposing homophobic activities and suggesting corrective solutions

  • Continuing discussion on issues affecting GLBTQ people in Jamaica and elsewhere

  • Welcoming, examining and implementing suggestions and ideas from you the viewing public

  • Present issues on HIV/AIDS related matters in a timely and accurate manner

  • Assist where possible victims of homophobic violence and abuse financially, temporary shelter(my home) and otherwise

  • Track human rights issues in general with a view to support for ALL
Thanks again for your support.

Tel: 1-876-841-2923




Peace

Information & Disclaimer


Individuals who are mentioned or whose photographs appear on this site are not necessarily Homosexual, HIV positive or have AIDS.

This blog contains pictures that may be disturbing. We have taken the liberty to present these images as evidence of the numerous accounts of homophobic violence meted out to alleged gays in Jamaica.

Faces and names withheld for the victims' protection.

This blog not only watches and covers LGBTQ issues in Jamaica and elsewhere but also general human rights and current affairs where applicable.

This blog contains HIV prevention messages that may not be appropriate for all audiences.

If you are not seeking such information or may be offended by such materials, please view labels, post list or exit.

Since HIV infection is spread primarily through sexual practices or by sharing needles, prevention messages and programs may address these topics.

This blog is not designed to provide medical care, if you are ill, please seek medical advice from a licensed practitioner

Thanks so much for your kind donations and thoughts.

As for some posts, they contain enclosure links to articles, blogs and or sites for your perusal, use the snapshot feature to preview by pointing the cursor at the item(s) of interest. Such item(s) have a small white dialogue box icon appearing to their top right hand side.

Recent Homophobic Cases

CLICK HERE for related posts/labels and HERE from the gayjamaicawatch's BLOG containing information I am aware of. If you know of any such reports or incidents please contact lgbtevent@gmail.com or call 1-876-841-2923

Peace to you and be safe out there.

Love.


What to do if you are attacked (News You Can Use)


First, be calm: Do not panic; it may be very difficult to maintain composure if attacked but this is important.

Try to reason with the attacker: Establish communication with the person. This takes a lot of courage. However, a conversation may change the intention of an attacker.

Do not try anything foolish: If you know outmaneuvering the attacker is impossible, do not try it.

Do not appear to be afraid: Look the attacker in the eye and demonstrate that you are not fearful.

This may have a psychological effect on the individual.

Emergency numbers

The police 119

Kingfish 811

Crime Stop 311

Steps to Take When Contronted or Arrested by Police


a) Ask to see a lawyer or Duty Council

b) Only give name and address and no other information until a lawyer is present to assist

c) Try to be polite even if the scenario is tensed) Don’t do anything to aggravate the situation

e) Every complaint lodged at a police station should be filed and a receipt produced, this is not a legal requirement but an administrative one for the police to track reports

f) Never sign to a statement other than the one produced by you in the presence of the officer(s)

g) Try to capture a recording of the exchange or incident or call someone so they can hear what occurs, place on speed dial important numbers or text someone as soon as possible

h) File a civil suit if you feel your rights have been violated. When making a statement to the police have all or most of the facts and details together for e.g. "a car" vs. "the car" represents two different descriptions

j) Avoid having the police writing the statement on your behalf except incases of injuries, make sure what you want to say is recorded carefully, ask for a copy if it means that you have to return for it

What to do


a. Make a phone call: to a lawyer or relative or anyone

b. Ask to see a lawyer immediately: if you don’t have the money ask for a Duty Council

c. A Duty Council is a lawyer provided by the state

d. Talk to a lawyer before you talk to the police

e. Tell your lawyer if anyone hits you and identify who did so by name and number

f. Give no explanations excuses or stories: you can make your defense later in court based on what you and your lawyer decided

g. Ask the sub officer in charge of the station to grant bail once you are charged with an offence

h. Ask to be taken before a justice of The Peace immediately if the sub officer refuses you bail

i. Demand to be brought before a Resident Magistrate and have your lawyer ask the judge for bail

j. Ask that any property taken from you be listed and sealed in your presence

Cases of Assault:An assault is an apprehension that someone is about to hit you

The following may apply:

1) Call 119 or go to the station or the police arrives depending on the severity of the injuries

2) The report must be about the incident as it happened, once the report is admitted as evidence it becomes the basis for the trial

3) Critical evidence must be gathered as to the injuries received which may include a Doctor’s report of the injuries.

4) The description must be clearly stated; describing injuries directly and identifying them clearly, show the doctor the injuries clearly upon the visit it must be able to stand up under cross examination in court.

5) Misguided evidence threatens the credibility of the witness during a trial; avoid the questioning of the witnesses credibility, the tribunal of fact must be able to rely on the witness’s word in presenting evidence

6) The court is guided by credible evidence on which it will make it’s finding of facts

7) Bolster the credibility of a case by a report from an independent disinterested party.

Sexual Health / STDs News From Medical News Today

VACANT AT LAST! SHOEMAKERGULLY: DISPLACED MSM/TRANS PERSONS WERE IS CLEARED DECEMBER 2014





CVM TV carried a raid and subsequent temporary blockade exercise of the Shoemaker Gully in the New Kingston district as the authorities respond to the bad eggs in the group of homeless/displaced or idling MSM/Trans persons who loiter there for years.

Question is what will happen to the population now as they struggle for a roof over their heads and food etc. The Superintendent who proposed a shelter idea (that seemingly has been ignored by JFLAG et al) was the one who led the raid/eviction.

Also see:
the CVM NEWS Story HERE on the eviction/raid taken by the police

also see a flashback to some of the troubling issues with the populations and the descending relationships between JASL, JFLAG and the displaced/homeless GBT youth in New Kingston: Rowdy Gays Strike - J-FLAG Abandons Raucous Homosexuals Misbehaving In New Kingston

also see all the posts in chronological order by date from Gay Jamaica Watch HERE and GLBTQ Jamaica HERE

GLBTQJA (Blogger): HERE

see previous entries on LGBT Homelessness from the Wordpress Blog HERE

May 22, 2015 update, see: MP Seeks Solutions For Homeless Gay Youth In New Kingston



THE BEST OF & Recommended Audioposts/Podcasts


THE BEST OF & Recommended Audioposts/Podcasts 




The Prime Minister (Golding) on Same Sex Marriages and the Charter of Rights Debate (2009)


Other sides to the msm homeless saga (2012)


Rowdy Gays Matter 21.08.11 more HERE



Ethical Professionlism & LGBT Advocates 01.02.12 more HERE


Portia Simpson Miller - SIMPSON MILLER DEFENDS GAY COMMENT 23.12.11


2 SGL Women lost, corrective rape and virtual silence from the male dominated advocacy structure


Al Miller on UK Aid & The Abnormality of Homosexuality 19.11.11


Homosexuality is Not Illegal in Jamaica .... Buggery is despite the persons gender 12.11.11 MORE HERE 


MSM Homelessness 2011 ...my two cents


Black Friday for Gays in Jamaica More HERE


Bi-phobia by default from supposed LGBT advocate structures?


Homeless MSMs Saga Timeline 28.08.11 (HOT!!!) see more HERE


A Response to Al Miller's Abnormality of Homosexuality statement 19.11.11


UK/commonwealth Aid Matter & The New Developments, no aid cuts but redirecting, ethical problems on our part - 22.11.11


Homophobic Killings versus Non Homophobic Killings 12.07.12


Big Lies, Crisis Archiving & More MSM Homlessness Issues 12.07.12


More MSM Challenges July 2012 more sounds HERE


GLBTQ Jamaica 2011 Summary 02.01.12 more HERE


Homosexuality Destroying the Family? .............. I Think Not!


Lesbian issues left out of the Jamaican advocacy thrust until now?


Club Heavens The Rebirth 12.02.12 and more HERE


Should gov't provide shelter for homeless msm?


National attitudes to gays survey shows 78% of J'cans say NO to buggery repeal


1st Anniversary of Homeless MSM civil disobedience (Aug 23/4) 2012 more HERE


JFLAG's rejection of rowdy homeless msms & the Sept 21st standoff .........


Atheism & Secularism may cloud the struggle for lgbt rights in Jamaica more HERE


Urgent Need to discuss sex & sexuality II and more HERE


MSM Community Displacement Concerns October 2012


The UTECH abuse & related issues


Beenieman's hypocrisy & his fake apology in his own words and more HERE


Guarded about JFLAG's Homeless shelter


Homophobia & homelessness matters for November 2012 ................


Cabinet delays buggery review, says it's not a priority & more ...........................(November 2012) prior to the announcement of the review in parliament in June 2013 More sounds HERE


"Dutty Mind" used in Patois Bible to describe homosexuals


Homeless impatient with agencies over slow progress for promised shelter 2012 More HERE


George Davis Live - Dr Wayne West & Carole Narcisse on JCHS' illogical fear


Homeless MSM Issues in New Kgn Jan 2013 .......


Homeless MSM challenges in Jamaica February 2013 more HERE


JFLAG Excludes Homeless MSM from IDAHOT Symposium on Homelessness 2013


Poor leadership & dithering are reasons for JFLAG & Jamaica AIDS Support’s temporary homelessness May 2013 more HERE


Response To Flagging a Dead Horse Free Speech & Gay Rights 10.06.13




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