No vagina registry, Muddled discussions in the Senate on the Sexual Offences Bill

Glenda Simms (article in the Gleaner)

The current debate on the Sexual Offences Bill which was recently introduced in the Senate has frequently provided the television-viewing public the opportunity to either raise their eyebrows or drop their jaws. These responses are related to the bizarre comments of some of those who purport to bring sober and intelligent responses to the policies that are designed to bring decency, sobriety and balance to societies which adhere to the Westminster parliamentary model.

Some of the sensational sound bites emanating from the pristine upper chamber include visions of:

Scrotums on silver platter delivered to conniving wives

Wicked women who tell lies about rape

The spectre of the need to differentiate between real vaginas and surgical ones

The sound knowledge base of a non-biased woman who knows that having a sexually transmitted infection is not a death sentence

The idea that, without a change in the current definition of rape, men can be raped in some circumstances such as when a female uses "date rape drugs" to overpower a hapless and unsuspecting guy in the bar

The laying of criminal charges against bisexual men or those "on the down low".
All of these muddled discussion points demonstrate a serious and severe lack of understanding of human sexuality and the historical sexual atrocities that are designed and executed to keep women and girls in their place in patriarchal systems.

Sexual Offences Bill

These systems are still rigidly cemented in individual psyches, in the religious institutions and in the fundamental social, economic and political structures of the nation state.

Perhaps, before they continue to debate such an important piece of legislation as the Sexual Offences Bill, the members of both esteemed chambers of Parliament should take a refresher course in human sexuality before they speak to complex issues which should not be defined in terms of any indivi-dual's sexual experience or belief systems.

Edmond Campbell, Gleaner staff reporter, enlightened the readers of the June 28 edition of the attempts by some of the honourable Senators to block loopholes in the proposed sex laws which are now before them.

It is these attempts that have shown the Jamaican public moments of hilarity in the Senate. We observe men bent over in laughter slapping their chests and thumping their desks at some of the most titillating of comments.

These responses are rather disheartening to those who have worked so hard over the years to ensure that our decision makers take seriously the issue of sexual violence against women and children in the Jamaican society.

These are not laughing matters, nor should they become hysterical sound bites in the Upper House.

One of the most controversial and unclear notions put forward by one of the female senators is the concept of the real versus the surgical vagina. Of course, the gender of the senator should be important to such a 'red flag' idea. In some quarters it might be argued that it would have been inappropriate for one of the male 'landed gentry' to even imagine the difference between a real vagina and a fake or surgical one.

God-given special body parts

Indeed, only those who have the real ones can describe the feel, the contours and the authenticity of their God-given special body parts.

It is this issue that jumped out at me because it calls into question the human reality of transgendered individuals, hermaphrodites and others who have no control over how the Creator designed them.

Perhaps members of the medical fraternity who understand the notion of sexual identities and who would have the data base to enlighten us about the demand for operation to change the genitalia in the Jamaica society should lend their voices on these issues.

These professionals should be able to join this debate in order to ensure that sane, sober and informed interventions will lay the base for the justice inherent in the Sexual Offences Bill if and when it sees the light of day.

Against such intervention by the medical specialists, the question of false genitalia could be discussed in a more gender-neutral framework.

For instance, the fact that it has been reported in popular media that entertainer Cher's daughter is now transitioning from female to male, the spectre of surgical penises committing sexual crimes is a real possibility. The society would, therefore, be challenged to examine all our body parts in order to establish their authenticity.

Engaging in hysteria

Obviously, we are not serious about the issue of the distortion of human sexuality that has forced the Jamaican society to enforce a Sexual Offences Bill at this time in our history.

Rather than engaging in hysteria we should stand back and remind ourselves what healthy human sexuality is all about.

To this end, we might find some enlightenment in the discussion on 'Sexuality and Development' carried in the April 2006 policy briefing issued by the Institute of Development Studies.

The following point was highlighted in this document.

"While it is a fact that sexuality and gender is a defining characteristic of every human being in every culture, we are predisposed to ignore important aspects of human sexuality or alternatively to discuss sexuality in relationship to population, family planning, disease and violence."

Limited view

It is this limited view of human sexuality that prompted the World Health Organisation to present the following working definition to guide its work in all regions of the globe.


Sexuality is a central aspect of being human throughout life and encompasses sex, gender identities and roles, sexual orientation, eroticism, pleasure, intimacy and reproduction.

Sexuality is experienced and expressed in thoughts, fantasies, desires, beliefs, attitudes, values, behaviours, practices, roles and relationships.

Sexuality is influenced by the interaction of biological, psychological, social, economic, political, cultural, ethical, legal, historical, religious and spiritual factors.
This local struggle to define the parameters of the Sexual Offences Bill must be framed in the context of the criminal deviation from healthy sexual relationships between consenting adults of whatever sexual identity and within the established formats of human relationships.

We, the women of Jamaica, look forward to a Sexual Offenders Registry, the understanding of marital and other forms of rape as forced sex against our will, and appropriate punishment to deter the predators who think they own bodies besides their own.

Reject 'vagina registry'

We do not want to be lured into complacency or side-tracked by the possibility of registries of surgical penises, men on the down low, conniving wives and women liars.

Most definitely we reject any 'vagina registry' to identify real and false versions of the female genitalia.

The trouble with such a registry would not only be related to the costs of identifying real vaginas but the stress that would be placed on the prime minister in consultation with the leader of the Opposition to recommend to the governor general an appropriate, qualified citizen to become Jamaica's first Vagina Registrar.

Glenda P. Simms is a consultant on gender issues

Tell Me Pastor column - 'Gay' problem Comment

Fiyu Pikni has left a comment on my post on gayjamaicawatch "Tell Me Pastor column - 'Gay' problem": in which I hinted that the letters in the Tell Me Pastor column of the Star newspaper are fabricated.

"I have your suspicion as well. Letters to Aaron Dumas are too well constructed to have the right mix of sensational content.

I don't like his advice either. He needs to make it clear that while psychologists can condition people to not act on their homosexual desires, there is no "remedy" for homosexuality.

Homosexuality as an abnormality. Paasta, no mek mi an yu av notn. There is nothing abnormal about me. Humans have a proclivity to describe any variance of what is usual as an abnormality. It's funny how language serves to perpetuate prejudice. If homosexuality had originally been labelled a variance of human sexuality, then homophobic hatred would perhaps not be as vitriolic.

If this guy is even real, he doesn't sound like someone who is grappling with his sexuality at all. I know of gay Christians who are trying to subdue their sexual inclinations. They tend to abstain from sex with other men...not sleep around in the hope of turning straight for god.

I swear this letter is a sham."

Scotland Passes New Sexual Offences Bill, Guyana Tables their own

Scotland's major sex crime reforms
A major shake-up of the law on sexual offences, including a toughening up of rape legislation, has been passed by the Scottish Parliament.
The Sexual Offences Bill will define consent to sex in law, creating a broader statutory offence, including male rape, for the first time.
MSPs also moved to close a loophole in the bill, over Labour fears it could create a "get-out clause for rapists".

The laws won wide cross-party backing at the final parliamentary hurdle.
The bill aims to tighten up current laws by giving a broader definition of rape and consent based on free agreement.
It sets out a list of circumstances where there can be no free agreement - including a victim being incapable through alcohol.

CONTINUE HERE


Guyana - Sexual offences bill finally tabled
rape definition expanded, gender-neutral
The long promised Sexual Offences Bill which proposes a comprehensive overhaul of the current archaic law was tabled in the National Assembly yesterday following sustained calls for urgent reform of the legislation.
The bill, which was read in the name of Human Services Minister Priya Manickchand, was sent to a select committee for further deliberations. Its tabling comes after lengthy countrywide discussions on the subject especially regarding the current system’s inability to offer adequate protection to women and children who are victims of sexual abuse.Escalating violence, including sexual violence, against women and children and the absence of the bill on the parliamentary agenda had prompted a sustained protest by the Coalition to Stamp out Sexual Violence Against Children which routinely picketed the Office of the President. The body accused the administration of “foot-dragging” on important legislation and it continuously pressed for the bill to be placed high on the “political agenda”.

National Assembly
Prior to the coalition’s initiative, the Guyana Human Rights Association had made significant contributions to the sexual reform debate, specifically outlining recommendations with regard to the offence of rape.
The new bill proposes wide-ranging reform of the legislation on sexual violence currently on the books and proposes to change quite a few of them, and at the same time definitively spells out the rights of victims of sexual abuse — raising much needed awareness. It mentions too the establishment of a National Task Force for Prevention of Sexual Violence to address implementation.
One of the more critical aspects of the bill is that it proposes making the criminal offence of rape gender-neutral to include sexual assault on boys and men. The bill is also seeking to bring the offence of rape in line with reform around the world and is therefore maximizing protection by widening the definition.
Section 3 of the proposed legislation says that a person commits the offence of rape if that person (the accused) intentionally engages in sexual penetration with another person (the complainant) or intentionally causes the complainant to engage in sexual penetration with a third person. It is also rape if the complainant does not consent to the penetration, and if the accused does not reasonably believe that the complainant consents.
This new definition caters for any offensive activity as it defines penetration as “any intrusion however slight and for however short a time, of any part of a person’s body or of any object into the vagina or anus of another person, and any contact, however slight, between the mouth of one person and the genitals or anus of another, including but not limited to sexual intercourse…”

CONTINUE HERE

Disturbing headlines and misconceptions

from Go Jamaica - Pastor found guilty of assaulting child

A St. Mary pastor has been found guilty of assaulting a male child. The pastor, Donald Stewart, who was also a supervisor of a boy’s home in the parish, was found guilty of two counts of indecent assault on a male child a short while ago in the Port Maria circuit court.

He is booked to appear in court this Friday (10.0709) for sentencing. Stewart was originally charged with one count of buggery early last year. However, when his case was called up for mention in the Richmond Resident Magistrate Court last year, it was revealed that other incidents had allegedly taken place between him and other boys at the institution. Stewart was then slapped with 29 additional charges by the St. Mary police.

comment: it's headines like this that leave a bitter taste in the minds of the public and cast a dark shadow over the Gay community making us all look like paedphiles. My heart goes out to those victims and their families but how can we begin to properly address the public's understanding of paedophilia vs a homosexual who for the most part has no sexual interest in children but more so either shun them out of fear of being accused of abusing them or are nuturing towards them. In previous posts on paedophilia I tried to convey what I managed to find on the subject in as far as the differences between the philias and how to seperate homosexuality. Take a look.

Please follow up on this on Homosexuality versus Pedophilia article.

More readingPAEDOPHILIA AND HOMOSEXUALITY, Child Molestation by homosexuals and heterosexuals HOMILETIC & PASTORAL REVIEW

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Star Headline - Residents evict freaky women

Rasbert Turner, Star Writer
Two St Catherine females have been banished from their community after they were alleged to have been caught engaging in oral sex.
The spectacle unfolded at the Rivoli community in Spanish Town on Friday.
Reports reaching THE STAR are that about noon the mother of one of the young women left her 19-year-old daughter at home to run an errand.

She returned home unexpectedly and almost fainted when she heard strange panting sounds inside her house.
After entering the house she could not contain her anger when she saw her daughter naked along with an older woman. Her daughter's head was buried between the other woman's legs.
In her distress, the mother is said to have began shouting and this caused a number of curious onlookers to converge on the home.
The frightened females are said to have left the area and have not been seen since.
When THE STAR visited the community a few days after the incident, residents gave mixed reactions to the occurrence.

''If them want to eat themselves to death this is not the place, yu si mi boss,'' Mark said.
Another resident said; "You can imagine in the boiling sun ... dem need God.''
Checks at the Spanish Town Police Station revealed that while the matter was not officially reported and is not being investigated the police have heard of it.

Comment: Luckily the women were not beaten as lesbians do not get the kind of treatment as gay men do when they are caught in the act. Pity that the mother of the 19yo seems out of touch with her daughter's alleged lifestyle and insensitive exposing her to the whims of the community who could have reacted more violently, who knows? prudence demands though that one should choose a private place to conduct one's affairs and not "steal it" one the side. I am also concerned as to how the story is presented, tact could have been used ( a joke for the Star NEWS) which these days in the face of competition from the other almost xrated tabloids finds itself using graphic language and description to "sell" the stories and keep up with the demand for sleaze from the public.
H

Possible for a man to be Raped?

Today's Gleaner Cartoon
The laughing kid says it all, people just don't expect in Jamaica to hear of a man being raped by a woman, probably a man though. There is a story of a taxi driver in Central Jamaica now known as "Roundhole" who was attacked at home with his wife present several years ago by gunmen it is said that he was almost sodomised by two of the men who tried but failed.

He tried reporting the matter to the police who laughed at him in disbelief as he was crying and shamed by the incident, if there is any truth to it I am not sure but the other taxi drivers teased him mercilessly whenever he came on the streets, it took him a while to restart his taxi service, even today as he traverse the routes he services you can still hear the occasional taunt "Roundhole" hurled at him.

UPDATE May 26, 2011

Since this original post in 2009 another story this time of more clandestine homosexuality was reported in 2010 and published on my sister blog on Wordpress:

The Incident in question in summary based on reported accounts, the young man is in hiding.

The 23 year old man plies his rented handcart in a section of the market district and usually returns to his small shack which sits in a depressed section across volatile political boundaries in Kingston. On a faithful Saturday in August of this year he returned his rented cart that he uses in the market district to ply his trade of assisting shoppers to carry produce and organic food items to the bus-stop or car park for a nominal fee, on his way home by foot around 7:30 pm he took a route that he regularly takes to get home, bearing in mind that as early as this time is some parts of Kingston can be very lonely and given the absence of the main don who is away on trial in another country “the order” of things has changed.

There is a fight as it seems for turf and power in the market region which has not escalated to violence due to the strong police presence there and the local authorities push to bring formal order.

The man was approached by three men who questioned him, he answered them telling them what he had done etc thinking he would be OK as it was not customary to abuse anyone in the imaginary safety line of that zone as drawn by the dons. He was robbed allegedly at gunpoint and told to go to nearby bushes where they would decide his fate. The men however at first asked him if him “love man?” somewhere during the conversation although my sources suggest he is not effeminate of looks so either. They eventually attempted to take turns with him at gun point and to carry out anal sex but he resisted as best as he could, the men told him that they were not going to kill him they wanted some “batty” for the night. The ordeal was said to have gone on for almost an hour and after several attempts in trying to penetrate him they gave up it seems and demanded he performed oral sex on them and that he did reluctantly.

The sexual abuse ended but what allegedly happened next is what really sparked this post, the men while smoking marijuana sat and discussed their sexual encounters with other men and their ways of hiding their real sexual desires from their baby mothers and female sexual partners, they tried to enlist the participation of their “victim” in the post sex discussion but he barely answered when prompted to as he was said to have felt bad.

They proceeded to warn him that he must make himself available when they need him and he must keep it quiet, they even asked if he knew other men around the area who may get down (my words)? One of the men in particular was very upset at men who engaged in paedophilia and says he doesn’t like boys as they are too young.

ENDS (updates may follow)

THE MATTER WAS NOT REPORTED TO THE POLICE

Judging by this synopsis we do have thugs who really want to get down but some questions come to mind and I am not an expert so let’s discuss this please send responses or comment if you have such expertise.

Email just in case: lgbtevent@gmail.com

1. Are there men who really want to hit it but due to societal pressure they are prepared to steal it instead?
2. It is a case of abuse due to the power differential of the men in not only numbers but the fact that they are armed?
3. Did you think they surmise that the young man may have been inclined so they didn’t harm him?
4. How should the advocates handle issues like this?
5. Do you think the issue of clandestine homosexual behaviour should be a main discussion point in presenting arguments for gay rights or tolerance?
6. Can this also be categorized as homophobia in a way?

read the rest HERE

Well some humour for a serious subject which I will follow up on soon, expert opinions welcomed.

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Senator Lightbourne Tables Child Pornography Act in Parliament

Attorney General and Minister of Justice, Senator Dorothy Lightbourne

Jamaica is likely to have in place legislation to confront commercial sexual exploitation of children soon, following the tabling of the Child Pornography (Prevention) Bill in Parliament, by Attorney General and Minister of Justice, Senator Dorothy Lightbourne.

The Bill notes that Jamaica currently has no law which specifically treats with, or recognizes child pornography as a distinct criminal offence.

However, it points out that international efforts to combat child pornography have resulted in several international conventions, including the 1999 United Nations Convention on the Rights of the Child, which Jamaica has signed and ratified, and the Optional Protocol to the Convention on the Rights of the Child on the sale of Children, Child Prostitution and Child Pornography, which Jamaica has signed but has not yet ratified.

"These conventions require member states to take action to criminalize the production, possession, importation, exportation and distribution of child pornography," the Bill's Memorandum of Objects and Reasons states.

"A decision has, therefore, been taken to enact legislation to make the production, possession, importation, exportation and distribution of child pornography a criminal offence in Jamaica," it concluded.

The Bill provides for sentences of up to 20 years imprisonment, as well as fines of as much as $500,000.

Crimes include: visual presentations with children engaged in sexual activities; audio recordings or written material that has, as its dominant characteristic, the description, presentation or representation, for a sexual purpose, sexual activity with a child; and any visual representation, audio recording or written material that advocates or counsels sexual activity with a child.

The Bill describes sexual activities as : actual or simulated - sexual intercourse; activity, other than sexual intercourse involving the penetration of the anus, vagina or mouth with any part of a person's body, or the anus or vagina with anything else; touching a sexual organ or anal region in a manner which is reasonably considered as sexual; bestiality; masturbation; or sadistic or masochistic abuse.

Visual representation includes - produced images; undeveloped film; videotape; or data stored in electronic form capable of conversion into a visual image.

International bodies have frequently criticized Jamaica, over many years, for failing to enact legislation specifically addressing commercial sexual exploitation of children. A Bill was promised in the 2007/2008 Throne Speech, but was not delivered.

Senator Lightbourne disclosed at a Post Cabinet Press Briefing in April, that the Cabinet had approved the tabling of the Bill in Parliament to recognize and treat child pornography as a criminal offence.

She confirmed then that there had been "an increase in the sexual exploitation of children, and more so by the use of technology."

"It is common knowledge now that there are pictures of children involved in sexual acts on your cell phones, and on the internet," she said then.

Globally, child pornography refers to the use of images or films, depicting sexually explicit activities involving a child.

Sexual Offences Bill Debate - Senator Hyacinth Bennett's Summary Remarks 26.06.09 Part 3

Continuing summary of Senator Bennett's Presentation to the Senate on June 26, 2009 in Kingston. See posts below with previous summaries and responses.


The Bill........she continued

1). Sexual intercourse and gender identity.

Section 2 of the bill reads that: "Sexual intercourse" means the penetration of the vagina of one person by the penis of another;

Mr. President I would urge that in these modern times that care be taken to state that the sexual organs of the vagina and the penis be clearly stated as the natural organs as defined by birth. The sex organs should not include any surgically constructed sex organs under circumstances such as where a person underwent a sex change. It is conceivable that a man can claim to change his gender to that of a woman and have a vagina surgically constructed and then seek to be covered under the definition of sexual intercourse. Maybe someone could even rename their sex organ as that of the opposite gender without surgery, based on their change in gender identity. One could argue that one's gender is male even though one was born female and vice versa.

You see the modern thinking by some is that whilst sex is what you are born as eg. male or female, gender identity relates more to which sex you identify with or how the person views himself or herself. 


Hence a person could try to challenge the very meaning of the words "he" and "she", such words are used throughout this bill to identify the sex of a person. The definition of "sexual intercourse" must guard against these possibilities. For the avoidance of doubt, I would also recommend that gender be defined to mean the natural gender sex as determined by birth and that the references to words that in themselves do not state the person's gender such as "offender", "victim", "complainant", "adult" and "child" must not be construed in a manner that would in any way refer to persons in a given criminal offence as being persons of the same gender. I have also noticed that section 24 of the bill mentions "anal intercourse" in the same sentence as "vaginal intercourse" as if to say they were alternative forms of sexual intercourse. 


So as not to cause any uncertainty as to what is meant by sexual intercourse I would respectfully ask that what is referred to in section 24 as anal intercourse be replaced with buggery which has always been used to describe such acts.

I know that Senator Nicholson on the other side of the chamber had made a similar observation on the last occasion.

End -

more parts to come
My two cents, I am rather disappointed for the kind of reasoning Senator Bennett puts forward, I expected somehting of more substance being the most hailed educator that she is.

'Unnatural' sex and its naturally not so bright opponents

Thanks for reading and responding Udo...

check out his analysis of Ms Bennett's presentation in the Senate recently.

BY udo schuklenk

This thing about 'unnatural' sex has been bugging me for a long time. For those of us who are trained to think about what we mean when we say certain things the term 'unnatural' carries no normative weight. For those who think less (either because they quite naturally or culturally cannot think a great deal due to a lack of gray brain matter or lack of education) about what they mean when they say that something is 'unnatural', the 'unnatural' charge routinely leads to demands that certain behaviours or products be outlawed.

Let me look at two examples just from this week, one from Uganda, the other from Jamaica, quite naturally both examples involve Christians on a crusade against gay sex. So, here we go:

Dr. James Nsaba Buturo is the Ugandan Minister of State for Ethics and Integrity. He announced this week that any attempt by donor agencies to have the country legalise 'unnatural' sex (and homosexual sex in particular) will fail. He went on to say that the government is prepared to fortfeit any [sic!] amount of donor money if that meant accepting homosexuality. I'm a consequentialist, so when someone says something like 'no matter what', which is what Dr Buturo's 'any' implies, I know I am seeing someone not too deeply rooted in reality. For the sake of the argument: what if someone gave Uganda enough money to resolve the problem of poverty among its people for good, offered in addition free education, state-of-the-art free health care to everyone living in Uganda etc, provided that consenting adults be permitted to engage in 'unnatural' sex if they so wish. Any government minister who would be prepared to sacrifice the well-being of the people in such a case for the sake of fighting 'unnatural' sex is obviously a nutcase. Consequences be damned is very Christian, of course, but it also not very smart.

Anyhow, I digress, I really meant to write about the 'natural' and the 'unnatural', and that I will do, but let me first give you the second example. We owe it to a Christian 'Senator' in Jamaica. I don't know Jamaica too well, so I presume Senators are not overly well educated people relying on tax hand outs for a living while preaching hate. Anyhow, here we go, in her own words, Jamaican Senator Hyacinth Benneth: "For many persons that push a radical homosexual agenda it is claimed that homosexual behaviour is natural for them. That particuar [sic!] group has been quite successful in advancing their cause by using the rights based approach. I am not a psychologist or a psychiatrist but I have not seen where homosexual behaviour has been conclusively shown to be natural. In fact the dominant scientific opinion has been that no one can conclusively show that homosexuality is natural."

So, don't blame me, blame Dr Buturo and Ms Benneth for today's rant on nature.

Ms Benneth is probably unaware of the fact that there is no dominant scientific opinion on the naturalness or otherwise of homosexuality. The reason for this is that this issue is not a scientific question to begin with. It's a matter of what you mean when you call something 'natural'. In science EVERYTHING that is physically possible by necessity is considered a natural thing. Anything governed by the laws of nature is natural. So, for that reason alone there can't be a body of scientific opinion on the naturalness of homosexuality anymore than there can be a body of scientific literature on any number of other things that are happening within what the laws of nature permit (namely: everything that is physically possible).

What does this mean? Not too much. Gay activists, do not rejoice too quickly. A lot of crap happens in nature. Crocodiles eat tourists in the Australian Northern Territory just about every year. Very much a natural thing, but still it's not nice. Men (usually) rape women. Natural. People drive cars. Natural. People fly to the moon. Natural. People kill each other in genocides. Natural. People bake cakes. Natural. You get the drift, I'm sure.

CONTINUE HERE

Non-discriminatory sex offence law

The Editor, Sir:

I sympathise entirely with the letter writer 'Betrayed Wife', (posted below) who said she was a victim of deception in that her husband cheated on her with another man and then brought home an illness to the matrimonial home that affected her terribly.

In her letter of support for Senator Sandrea Falconer, however, she did not seem to take adequate note of what the letter that criticised the senator's position was saying. Nothing in Falconer's presentation in the Senate, as reported in the media, addressed betrayal by wives or women on the 'down low', a term not generally applied to women but whose concept is understood.

There will always be deceivers

Some time ago it was reported that a UHWI study found that 25 per cent of men who had obtained paternity tests for their 'children' found out that they were not the biological fathers as they had been led to believe. So between lesbians in 'normal' marital relationships and cheating wives/girlfriends, there is a lot of punishment to be meted out if Senator Falconer's law is not to be discriminatory against men.

A casual study of human nature suggests that there will always be deceivers of one kind or another, but 'Betrayed Wife', perhaps, needs also to consider another point. As long as society insists that gay people conform to a majority normative pattern of behaviour, so much more will the percentage of deceivers be high and their deception continue. If we insist - sometimes with hostility - that people conform to certain behaviours publicly, some will do so and then act on what they accept to be their true selves elsewhere. That's the problem the society must grapple with.

I am, etc.,
J .B. PETERS
Kingston

Indian High Court overturns Penal Code 377 (Delhi)

Delhi High Court judgement overturning Section 377 of India's Penal Code PDF

See Excerpt below, I wonder if our Judiciary or lawmakers for that matter will ever reach this kind of maturity to say the least.

...........THE CHALLENGE
6. The petitioner NGO has been working in the field of HIV/AIDS
Intervention and prevention. This necessarily involves interaction with such sections of society as are vulnerable to contracting HIV/AIDS and which include gay community or individuals described as “men who have sex with men” (MSM). For sake of convenient reference, they would hereinafter be referred to as “homosexuals” or “gay” persons or gay community. Homosexuals, according to the petitioner, represent a population segment that is extremely
vulnerable to HIV/AIDS infection. The petitioner claims to have been impelled to bring this litigation in public interest on the ground that HIV/AIDS prevention efforts were found
to be severely impaired by discriminatory attitudes exhibited by state agencies towards gay community, MSM or trans-gendered individuals, under the cover of enforcement of Section 377 IPC, as a result of which basic fundamental human rights of such individuals/groups (in
minority) stood denied and they were subjected to abuse, harassment, assault from public and public authorities.

7. According to the petitioner, Section 377 IPC is based upon traditional Judeo-Christian moral and ethical standards, which conceive of sex in purely functional terms, i.e., for the purpose of procreation only. Any non-procreative sexual activity is thus viewed as being “against the order of nature”. The submission is that the legislation criminalising consensual oral and anal sex is outdated and has no place in modern society. In fact, studies of Section 377 IPC jurisprudence reveal that lately it has generally been employed in cases of child sexual assault and abuse. By
criminalising private, consensual same-sex conduct, Section 377 IPC serves as the weapon for police abuse; detaining and questioning, extortion, harassment, forced sex, payment of hush money; and perpetuates negative and discriminatory beliefs towards same-sex relations and
sexuality minorities; which consequently drive the activities of gay men and MSM, as well as sexuality minorities underground thereby crippling HIV/AIDS prevention efforts. Section 377 IPC thus creates a class of vulnerable people that is continually victimised and directly affected by the provision. It has been submitted that the fields of psychiatry and psychology no longer treat homosexuality a disease and regard sexual orientation to be a deeply held, core part of the identities of individuals.

8. The petitioner submits that while right to privacy is implicit in the right to life and liberty and guaranteed to the citizens, in order to be meaningful, the pursuit of happiness encompassed within the concepts of privacy, human dignity, individual autonomy and the human need for an intimate personal sphere require that privacy – dignity claim concerning private, consensual, sexual relations are also afforded protection within the ambit of the said fundamental right to life and liberty given under Article 21. It is averred that no aspect of one’s life may be said to be more private or intimate than that of sexual relations, and since private, consensual, sexual relations or sexual preferences figure prominently within an individual’s personality and lie easily at the core of the “private space”, they are an inalienable component of the right of life. Based on this line of reasoning, a case has been made to the effect that the prohibition of certain private, consensual sexual relations (homosexual) provided by Section 377 IPC unreasonably
abridges the right of privacy and dignity within the ambit of right to life and liberty under Article 21. The petitioner argues that fundamental right to privacy under Article 21 can be abridged only for a compelling state interest which, in its submission, is amiss here. Also based on the
fundamental right to life under Article 21 is the further submission that Section 377 IPC has a damaging impact upon the lives of homosexuals inasmuch as it not only perpetuates social stigma and police/public abuse but also drives homosexual activity underground thereby jeopardizing HIV/AIDS prevention efforts and, thus, rendering gay men and MSM increasingly vulnerable to contracting HIV/AIDS.

9. Further, it has been submitted on behalf of the petitioner that Section 377 IPC's legislative objective of penalizing “unnatural sexual acts” has no rational nexus to the classification created between procreative and nonprocreative sexual acts, and is thus violative of Article 14 of the Constitution of India. Section 377's legislative objective is based upon stereotypes and misunderstanding that are outmoded and enjoys no historical or logical rationale which render it arbitrary and unreasonable. It is further the case of the petitioner that the expression “sex” as used in Article 15 cannot be read restrictive to “gender” but includes “sexual orientation” and, thus read, equality on the basis of sexual orientation is implied in the said fundamental right
against discrimination. The petitioner argues that criminalization of predominantly homosexual activity through Section 377 IPC is discriminatory on the basis of sexual orientation and, therefore, violative of Article 15. It is further the case of the petitioner that the prohibition against homosexuality in Section 377 IPC curtails orinfringes the basic freedoms guaranteed under Article 19 (1) (a) (b) (c) & (d); in that, an individual’s ability to make personal statement about one’s sexual preferences, right of association/assembly and right to move freely so as to
engage in homosexual conduct are restricted and curtailed.

10. Broadly on the above reasoning, it has been submitted that there is a case for consensual sexual intercourse (of the kind mentioned above; i.e. homosexual) between two willing adults in privacy to be saved and excepted from the penal provision contained in Section 377 IPC.

Read the 105 page document by downloading from this link

Violence Casts a Pall on the Lives of Jamaican MSM

BY WINNIE McCROY

March 9, 2009—“Recently, a member of Parliament stated that homosexuals are known to be violent and should not be allowed to bear arms, that the security forces have been infiltrated by homosexuals….and therefore that the laws against buggery should be made harsher,” said Jamaican social justice leader Dr. Robert Carr in a recent interview with amfAR. “At the time, this was applauded by his fellow Parliamentarians.”

Several years ago, when he was executive director of Jamaica AIDS Support for Life, Dr. Carr witnessed a constant assault on the humanity of gay and bisexual people from elected officials, homophobic dance hall artists, and religious leaders who believe that gay rights are against God’s will. All too often, said Dr. Carr, this animosity “played itself out in physical violence—people end up being beaten or set on fire.”

For the past three years, Dr. Carr has worked tirelessly to address the human rights of these vulnerable populations as volunteer executive director of the Caribbean Vulnerable Communities Coalition. An amfAR MSM Initiative Community Award has allowed him to build leadership among lesbian, gay, bisexual, and transgender (LGBT) movements in a region known for its virulent anti-gay biases.

“When I discovered how badly people living with HIV/AIDS were treated without a second thought, I was shocked,” recalls Dr. Carr of his start in AIDS advocacy. “The idea that people could be physically brutalized like that not only with impunity, but with the overt support of these sectors of society just shocked me. I became an advocate at a time when almost no one was talking about stigma and discrimination in the region and there was a lot of work to be done.”

The biggest issue now, said Dr. Carr, is entrenched homophobia, which is defended loudly in the classroom, in the boardroom, on the streets, in the pulpit, in the media, and in Parliament. To speak up is to risk bodily harm.

“That said, we have also seen significant progress,” he continued. Key institutions such as the police, the national HIV control program, and the media have become more responsive to the issues faced by MSM, said Dr. Carr. He explained that police, concerned about extreme violence, have begun to monitor officers’ responses, and have even put themselves in the line of fire against mobs attacking men who appear effeminate, or who “look funny,” to use the island parlance.


Across the Caribbean, leaders have emerged who are willing to further this progress, said Dr. Carr, noting nascent efforts in Grenada, Antigua, Guyana, and Dominica. “The change has to come from within; it really has to be Caribbean people taking a stand against this kind of violence and abuse, and against…misinformed, emotionally based, irresponsible attempts at policy making,” he added.

Among those Caribbean countries with fledgling MSM organizations, most are unable to accomplish little more than condom distribution. In this region, MSM tend to be segregated by class, and meet others via Internet-based social and sexual networks. To reach those in need, programmers have to tap into these same networks.

The amfAR community award provided an opportunity to begin that dialogue via a three-day consultation and training for community leaders on how to undertake HIV prevention, community mobilization, and human rights advocacy despite the homophobia and hostility facing LGBTs in the Caribbean.

“The fact that the conversation is even happening is a major milestone,” said Dr. Carr. “I think there’s a lot to be hopeful for, and I think Jamaica will find its way. It’s just going to take the time, commitment, and determination…of people who have the strength and courage to differ from the majority, to stay their ground, and to do their best to make a difference.”

The work of amfAR’s MSM Initiative in the Caribbean is supported by the Elton John AIDS Foundation.

A Bretayed Wife writes about Downlow effect

Senator Falconer, my heroine

The Editor, Sir:

I am disappointed by the tone of the letter in Monday's Gleaner by Ricardo Smalling, who criticised the presentation by senators Sandrea Falconer and Hyacinth Bennett on the sexual offences bill.

I don't agree with Senator Bennett as I cannot support discrimination because of one's sexual preference. However, as a victim of the cruel deception Senator Falconer spoke of, I support her call for men who are on the 'down low' to be eligible for prosecution. There was nothing in her presentation that amounted to discrimination and to characterise her remarks as such is a gross misrepresentation.

I was forced to write this letter so Smalling can understand and develop a little sensitivity towards the plight of a woman whose husband engages in sexual activity with another man, then comes home to his wife and have sex with her.

I was one of those women. I found out about my husband's infidelity with another man when I developed a condition that eventually required a hysterectomy.

Very grateful

Senator Falconer spoke on my behalf and I was very grateful.

Smalling poured scorn on how cases would be investigated, but in many instances women do have enough evidence but no legal recourse. My husband put my life at risk. He destroyed not only me but our children. The letter writer showed a lack of understanding and sensitivity. This is not just about men who cheat but a man who sells himself as being of one sexual persuasion and on that basis enters into a relationship with a woman who would have had nothing to do with him had she known his true proclivity. The same should go for women who cheat on their men with other women.

I am happy that the senator brought it up, and perhaps if there was such a law fewer men and women would lie about their sexual proclivities.

For women like me, she is a heroine.

I am, etc.,

BETRAYED WIFE

Sexual Offences Bill Debate - Senator Hyacinth Benneth's Summary Remarks 26.06.09 Part 2

See part1 below

Ms Bennett contined by asking:

"Can you really keep buggery between consenting male adults in the bedroom? she also stressed that granting homosexual rights would cause agitation for new penalties to address offences against same rights, she went on to say that Americans are grappling with whether to impose the controversial "hate crimes" legislation which would criminalize even a minister of religion saying that homosexual conduct is immoral.

"My observations are not in the least bit discriminatory, such labels cannot help us here."

She went on to address the matter of incest briefly pointing out that she feared that groups in the name of "inclusion" may also demand rights such as a group promoting carnal knowledge if grown men with female children in high school.

"Would we craft our laws to suit them just because they demand inclusion?"

"We must again be driven by higher ideals and maintain values and standards that are in keeping with the common good. Anything else will eventually take us down the road to oral chaos where anything goes and everything will be relative except, of course, the concept of relativity itself. I think you get my point.

She then listed figures for Buggery and Rape for the years 2000 - 2008

.......although there has been a slight dip in cases of rape since 2000 from 870 to 849 in 2008 there have been increases and decreases over the period which indicate that we are not really getting rid of the problem. The total number of rapes during the period is 7,463. This is alarming.
In the case of buggery there has been a slight increase. Between 2000 and 2008, the number of cases has risen from 33 to 36 with a high of 47 in 2006, making total of 316 cases over the period.

Peter Tatchell's Response to Hyacinth Bennett's representation of his comments

please see Sexual Offences Bill Debate - Senator Hyacinth Benneth's Summary Remarks 26.06.09 for the remarks.

British gay human rights campaigner Peter Tatchell of the London-based gay group OutRage! said:

Jamaican MPs are misrepresenting my views on the causes of homosexuality.

"The scientific evidence on the cause of sexual orientation is set out in the book Born Gay. It demonstrates that genes and hormonal influences in the womb are major factors that cause people to be gay or straight. It is simply not true that people choose to be homosexual or bisexual.

“I dispute the claim that a gay gene causes homosexuality. In my view,genetic and hormonal explanations of gayness are important and significant, but they are not adequate and sufficient. Homosexuality is definitely not a conscious choice.

“A person's sexuality is largely influenced before their birth and is firmly established by the age of six. It cannot be changed by so-called treatments and cures. This opinion is supported by the world's leading biological and psychological authorities. I am dismayed the way some Jamaican MPs have misrepresented my views in defence of the country's anti-gay laws."

"The fundamental truth is that it does not matter whether people are born gay or not. Gay people are human beings and therefore we deserve

equal human rights. A person chooses their religion and politics, but that does not mean that persecuting them because of their beliefs is justified.

“It is time the heterosexual majority stopped fretting over the causes of homosexuality and ceased victimising the gay minority. Live and let live is the best policy. Love for gay people is the true Christian response, " he said.

LINK

Senatorial idiocy (Gleaner Letter to The Editor) 29.06.09

(I agree that the presentations lacked understanding) see post below

The Editor, Sir:

I often wonder if good sense is a prerequisite for serving in either House of the Jamaican parliament. The most recent example of why I would ask this question are the statements attributed to senators Sandrea Falconer and Hyacinth Bennett. These statements are in relation to the proposed sexual offences law.

Among the proposals of Senator Falconer is to have the men who engage in homosexual relationship outside of their heterosexual relationships, be specifically punished. These statements are not what would be expected from someone who is supposedly educated. I wonder how the Senator would propose we enforce this? Are the police to be expected to conduct investigations into who men who cheat are sleeping with? What about men who cheat with other women; no special punishment for them? How about women who cheat on their men with other women is that acceptable in the eyes of the senator?

Lack of understanding

The other statement by Senator Bennett, shows a complete lack of understanding of gender and sexuality. Senator Bennett would like the law only to recognise sexual intercourse as covering penis and vagina that are defined at birth. So a woman who has had gender re-assignment surgery could rape a man who has had gender reassignment surgery and it would not be classified as such under Senator Bennett's law.

Similarly, transgender women could be raped at will and would have no recourse under these laws. I would venture further and ask Senator Bennett about intersex individuals. What if neither organ is explicitly present at birth and later one is constructed, does that individual not deserve coverage under these rape laws?

The hatred of the lesbian, gay, bisexual and transgender community in Jamaica is so strong, even among the leadership that it leads to propo-sals that can only be described as occupying the 'lunatic fringe'. It is particularly telling that these two individuals are black women who 100 years ago would have had as much right as a cow, yet they seem to be oblivious to the fact that the strides that they have been able to make were because others fought for their rights to fair and equal treatment under the law, and now persist to advocate for discrimination and what would amount to inhumane treatment of many of their fellow citizens.

I am, etc.,

RICARDO SMALLING
rsmalling@sympatico.ca

Sexual Offences Bill Debate - Senator Hyacinth Bennett's Summary Remarks 26.06.09

She opened with

" .....steps are being taken to have legislation in place to address sexual offences. Clearly the reason why we are going through this process is to update our laws to make our country safer. Safer for every woman, boy and girl, regardless of age or station in life.

This bill is the people's bill.

It belongs to the Jamaican and we must always remember that.

Background:

Laws that deal with what can be viewed as the sensitive area of sex do not exist in the abstract. Sex ans sexual relations have a social and moral context. One may have to take into account the views and values of groups and sub-cultures within the general population as well as the common good of the people as a whole. However in going forward, it is very important that one adopts a wholistic and not a position that places focus on one segment or segments of the population over another. I think is very important that while we do everything to bring sex offenders to justice that their fundamental rights are protected. Some of these persons did not set out to become criminals. However for reasons that perhaps the psychologists can best explain many of these persons end up using sex as a means to hurt others or to address what they think are their own needs much to the detriment of society as a whole.

Many grown men continue to engage in carnal abuse of under aged girls. These girls should be focusing their attentions on passing their exams, preparing for their careers and starting a family when they are financially, mentally and emotionally capable of doing so.

Values and Philosophy:

Mr. President, my focus today is on certain aspects of this bill that concern morality and natural sexual relations. We know that this is the early 21st century. We know that is has become accepted in certain countries that once had colonies in this part of the world to implement new laws and incorporate new thinking that include a liberal approach to sexual relations. What was once considered unnatural has now been redefined in some places as being natural for a particular group or groups. However we are no longer a colony. We must develop our own thinking on these issues. The liberal values or ideology of one culture should not be imposed on another whether by external influence or even by importation.

The debate on aspects of this bill is more about values and philosophy than it is about the individual provisions. Liberal ideology has no difficulty with laws that for example could lead to to the overturning of our existing anti-buggery laws that criminalize, among other things, anal sex between consenting adults. Other persons with a judeo-christian worldview would however have a difficulty with that.

For many persons that push a radical homosexual agenda it is claimed that homosexual behaviour is natural for them. That particuar group has been quite successful in advancing their cause by using the rights based approach. I am not a psychologist or a psychiatrist but I have not seen where homosexual behaviour has been conclusively shown to be natural.

In fact the dominant scientific opinion has been that no one can conclusively show that homosexuality is natural. Clearly I am not here today to win popularity from certain quarters, but I have to speak the truth. The founder of the United Kingdom's homosexual lobby group outrage, Mr Peter Tatchell admitted that you will not find that anyone is born homosexual. I found this admission very revealing and whilst I am not here to bash anyone I do believe that radical homosexual elements may need to look within themselves before advancing positions that can affect the common good. Advancing causes or including thinking that can implicitly or explicitly include what we call gay rights can eventually lead to several repercussions, some of which we may not have envisaged.

It can have negative effects on raising of children who need to have clear gender roles of males and females modeled before them. It can affect how families are defined such as whether a child can have two daddies or two mommies.

It can also affect how we should conduct our every day social relations as the holding of hands in public and even how invitations to social functions are addressed."

end of part 1

Look for more parts to this what I call a ridiculous presentation in the people's senate.

Homeless MSM in Jamaica

In a forum recently planned for Gay homeless young men organised by a concerned group many of the young men's plights were discussed and possible solutions to begin to address the problem.

In a frank and open discussion the men mostly aged in their early to mid twenties explained in detail their day to day ways of surviving the streets:

1). securing food by begging or shared purchases

2). hiding from would be predators (usually other more powerful homeless males)

3). harassment from police

4). harassment and ridicule from members of the public

5). physical attacks by security guards on nearby premises

6). homophobic attacks from other homeless boys and bikers who roam the streets at night

7). Older, more powerful and experienced bisexual and gay gangstas on the street prey on them for sexual favours, relieving them of money or gifts

Most of the MSMs were displaced because of their sexual preference becoming public knowledge hence they are chased from their homes by family or community members sometimes under threat of death if they should return.

Others lose their jobs for the same reasons and end up struggling to rebuild their lives mostly in fear of being discovered while doing so. The goals and ambitions are laudable with some already possessing skills in the arts and trades (chefs etc).

The men however support each other by way of sharing food and clothing when they receive gifts and money or just emotional kind by talking and making each other aware of their whereabouts.

Emotional development was a factor that was discussed at length which was found to be too heavy at first but it got more simplistic as the exchange continued.

It is hoped that from this first step would be the birth of a continued exercise to rescue these young men and make them into productive and confident human beings.

H

AJ Still at it

This old cartoon that appeared in the Gleaner on January 19, 2007 still rings true, looks like Senator A. J. Nicholson, former Attorney General of the previous People's National Party (PNP)Administration is intent on keeping us in the closet (see the post below) in relation to the Sexual Offences Bill 2009 being debated in the Senate.

Let's watch this one closely folks, after all it's not about forcing our lifestyle on the nation as some would like to grandstand on but securing our freedom of choice as citizens to private actions without church and state intrusion.

Plain and simple.

H

here is a flashback to a statement he made while he was Attorney General on Same Sex Unions:

There is no intention whatsoever on the part of the Government or the Joint Select Committee of Parliament that any door should be opened by provisions in the proposed Charter of Rights and Freedoms, or otherwise, to decriminalize homosexuality or to pave the way for same-sex marriages to be accepted as lawful in Jamaica.

In seeking to make submissions to the Joint Select Committee at this eleventh hour, the church representatives and the group of lawyers who complain about certain provisions of the Charter, concerning the protection of the right to privacy, need to be reminded of the history and purport of those provisions as they were developed.

First, those provisions are to the same effect as those that are contained in the recommendations of the Constitutional Commission of the early 1990s, under the chairmanship of Dr. Lloyd Barnett, in their draft Bill on the Charter

Second, the Joint Select Committee that sat for a long time to consider the Charter provisions, in the late 1990s, heard presentations from groups who take a completely opposite view to that taken by the church representatives and group of lawyers. Those entities, including J-FLAG, even though approaching the matter from the base of a different provision in the Bill, were of the view that the Charter should move away from the recommendations of the Constitutional Commission on this score and that there should be no discrimination on the ground of sexual orientation.

The Joint Select Committee did not agree that such a recommendation should be made to Parliament since it saw such a measure as opening the door to the legalization, or at least, the decriminalization of homosexuality.

Third, the Parliamentary Opposition tabled a Charter of Rights Bill in the name of its former leader, in which the provisions of which the church representatives and group of lawyers now complain are in the same terms as those recommended by the Constitutional Commission that was chaired by Dr. Barnett.

The church representatives and group of lawyers ought to be mindful of the following:

• It is not possible to have a policeman placed in every bedroom in Jamaica. So that, within the confines of a person’s home, this particular mischief cannot be prevented or punished except, of course, someone complains.

• Every provision in a law or a constitution is subject to interpretation by judges. Interpretation of laws, however narrowly or broadly drafted, is always coloured by the experience, culture and prevailing circumstances by which the interpreter is guided in coming to a conclusion. That is one of the reasons why the final interpreter of a country’s laws and constitutional provisions should be exposed to and be keenly aware of the socio-cultural imperatives that must guide his decision.

Senator A.J. Nicholson, Q.C.

ENDS

After all nobody asked for marriage equality when we cannot get passed basic tolerance and understanding.

Peace & tolerance

H

Legalising buggery provision in the Sexual Offences bill – Opposition

Source: RJR

The Opposition on Friday warned that the Government might end up legalising buggery through the back door because of a provision in the new Sexual Offences Bill.


Opposition Senator Navel Clarke who was making his contribution to debate on the bill in the Senate Friday morning, pointed to a clause in the bill which introduces into law a new crime called grievous sexual assault.


The bill sets out specific circumstances in which grievous sexual assault can be committed to include the penetration of the anus and vagina without consent.


However Senator Clarke argued that the inclusion of the phrase 'without consent' implies that buggery would be perfectly legal where there is consent.

"In my opinion, this has been a slight of hand (where) somebody seemed to have slipped in the matter which abolishes the (offence of buggery) as we know it," he said.


The Opposition Senator was backed by Leader of Opposition Business in the Senate, AJ Nicholson who argued that the bill was littered with unresolved issues because the Government had failed to follow proper procedure and had rushed the process.


"The route that has been taken has caused avoidable delays, a meandering and a troubled journey through the houses ... different days be appointed for the start of different provisions. Even after our deliberations here in the Senate, there will requirements for the House of Representatives to consider future amendments recommended in this chamber," said Senator Nicholson.


The controversial bill, which was also subject to extensive and heated debate in the Lower House, is likely to continue to stir up a firestorm of reactions among several Senators yet to make their contribution.


Charging women for raping men

In the meantime, Government Senator Dennis Meadows wants the Sexual Offences Bill to be amended to allow women to be charged for raping men.


Senator Meadows elicited giggles from some Government and Opposition Members of the Senate as he argued for the section of the bill which recognises marital rape, to be made gender neutral.


Previously, the law did not recognize that a man could rape his wife.


But the Sexual Offences Bill sets out five circumstances in which a husband can be charged for raping his spouse.


The bill now says that marital rape can only be committed where the spouses have separated under law, are seeking a divorce or trying to annul their marriage, where there is an injunction ousting the husband from the marital home or if the husband knows himself to be infected with a sexually transmitted illness.


However making his contribution to debate on the bill in the Senate Friday afternoon, Senator Meadows argued that that section of the bill should not only address husbands raping their wives but wives raping their husbands.


According to him, the change would also address date rape.


"I'm man to say that I can be raped by a woman ... I may not cry rape but it is possible. A woman who drugs a man with a date rape drug for example and has sex with him without his consent has committed rape or in this case grievous sexual assault," said Mr. Meadows.

Married women left out in the cold - Mark Golding (right)


He was not the only Senator who took issue with the section of the bill dealing with marital rape.


Opposition Senator Mark Golding argued that by restricting marital rape to only five specific circumstances, the new bill would unwittingly end up offering less protection to married women than the law now offers to unwed women.


"The unmarried woman who lives with her man in long term relation will actually now enjoy superior rights than a lawfully married wife since if her man has sex with her without her consent he would have committed rape but that is not so in the case of a lawfully wedded wife unless one of the five circumstances is also present," said Senator Golding.


The Senate will continue to debate the Sexual Offences bill next Friday.