17 year old freed of buggery charge ....

This story goes to remind us all that the buggery law is not only applicable to gay and bisexual or men who practice substitutional sex in prisons via anal penetration.

Also no mention of a firm doctors' report as the complainant apparently waited too long for an intimate sample to be taken so that certain determinants can confirm that the act was actually committed; such as spermatozoa cells, spermicide residue or a loose spinchter muscle or torn tissues to prove same.

A 17-year-old youth who was charged with buggery when he was 13 has been freed of the charge.

A schoolgirl, who was also 13 at the time of the alleged offence, was the complainant. She testified that the accused committed the act in a classroom, while they were at school. She reported the incident to her mother a day later. The matter was reported to the police and the boy was arrested and charged.

The accused from the outset had admitted to the police that he had sexual intercourse with the girl in the classroom. He said she was telling lies that he buggered her.

When the case came for trial this week in the Home Circuit Court, the accused denied the allegation. In his defence, he told the jury that he only had sexual intercourse with the girl and it was with her consent.

Attorney-at-law Jacqueline Asher, in addressing the jury, asked them to find the accused not guilty. She asked the jury to find that her client spoke the truth as to what took place in the classroom. The seven-member jury retired and returned a unanimous verdict of not guilty.

hear an older podcast I had attempted some years ago on the issue of buggery and who can be charged:

additional older podcast on the suggested conscience vote and related matters

also see:

LGBT Community Eyes More Than Conscience Vote (Gleaner)

Is ‘The Most Homophobic Place on Earth’ Turning Around?

Hardened Positions by Religious Fanatics & Their LGBT Detractors Will Only Leave More Blood on the Floor

Bad timing for St Catherine buggery case of mentally ill man from Star News
Buggery the only thing that makes church butts sore?

The line in the sand for the PNP part 10 : Buggery referendum & more CCJ

Ex-Cop Jailed for Buggery in a St Catherine Court

Finally: flashback to dancehall DJ Zebra's case

Dancehall DJ Zebra

In November 2010 the well publicized case was reported on in the Star News:

After completing a sentence for rape in 2008, deejay Zebra was again locked away for 30 years' hard labour for another sex-related crime. The deejay, whose real name is Garfield Vassell, was sentenced by Justice Evan Brown in the St Catherine Circuit Court.

Justice Brown outlined that for buggery, Vassell should serve 10 years and 20 years for carnal abuse.
The entertainer, who was represented by attorney-at-law Everton Dewar, was found guilty on Tuesday by a jury which retired for less than an hour. He was found guilty of carnal abuse and buggery.

The Crown led evidence that the entertainer sexually assaulted the teenage daughter of his girlfriend.
It is said that the child had to run away from home and related her ordeal to a senior relative who reported the matter to the police.

The deejay, who is known for songs such as Redder Than Red and Rupert, was held in June of last year after eluding the police for four months. He had been released in 2008 on rape charges, after serving six years behind bars.
Peace & tolerance

H

Causes of Gender Dysphoria .........

Gender dysphoria usually means a difficulty in identifying with the biological sex in an individual.

The causes of gender dysphoria are not fully clear.
Psychiatric and biological causes

It was traditionally thought to be a psychiatric condition meaning a mental ailment. Now there is evidence that the disease may not have origins in the brain alone.

Studies suggest that gender dysphoria may have biological causes associated with the development of gender identity before birth.

More research is needed before the causes of gender dysphoria can be fully understood.
Genetic causes of biological sex

Research suggests that development that determines biological sex happens in the mother’s womb.

Anatomical sex is determined by chromosomes that contain the genes and DNA.

Each individual has two sex chromosomes. One of the chromosomes is from the father and the other from the mother.

A normal man has an X and a Y sex chromosome and a normal woman has two X chromosomes.

It is seen that during early pregnancy, all unborn babies are female because only the female sex chromosome (or the X chromosome) that is inherited from the mother being the active one.

After the eighth week of pregnancy, the chromosome from the father (an X for a female and a Y for the male), gains in activity.

If the father’s contribution is the X chromosome the baby continues to develop as female with a surge of female hormones.

This helps develop her female sex organs, reproductive organs and features. This makes her sex and gender female.

If the inherited chromosome from the father is a Y there is a surge of testosterone and other male hormones that lead to development of male characteristics, such as testes.

This makes the baby’s sex and gender male. 

Causes of gender differences

There are several different potential causes of gender differences, these include hormonal changes, exposure to estrogenic drugs and so forth. 

Hormonal causes

Hormones that trigger the development of sex and gender in the womb may not function adequately.

For example, anatomical sex from the genitals may be male, while the gender identity that comes from the brain could be female.

This may result from the excess female hormones from the mother’s system or by the foetus’s insensitivity to the hormones.

The latter condition is called androgen insensitivity syndrome (AIS).

Exposure to progesterone or other estrogenic drugs

Although there is no research that shows that males or females exposed to progesterone in the womb or other estrogenic drugs, such as diethylstilbestrol (DES) may have a raised risk of gender dysphoria; there may be an association in some atypical aspects of gender role behavior.
Rare conditions that may lead to gender dysphoria

There may be rare conditions like congenital adrenal hyperplasia (CAH), and intersex conditions (also known as hermaphroditism) which may also result in gender dysphoria.

In CAH a female foetus has adrenal glands (small caps of glands over the kidneys) that produce high level of male hormones. This enlarges the female genitals and the female baby may be confused with a male at birth.

Intersex conditions mean babies may be born with the genitalia of both sexes. In these cases the child is allowed to grow and choose his or her own before any surgery is carried out to confirm it.

Other causes of gender dysphoria

There may be chromosomal abnormalities that may lead to gender dysphoria.
Sometimes defects in normal human bonding and child rearing may be contributing factor to gender identity disorders.

Edited by April Cashin-Garbutt, BA Hons (Cantab)

Further Reading

What is Gender Dysphoria?
Gender Dysphoria Symptoms
Gender Dysphoria Diagnosis
Gender Dysphoria Treatments

Gender-neutral restroom set up at Gov't agency after gay fight

AT least one Government agency has converted one of the restrooms on its property into a gender-neutral facility.

That, according to impeccable sources to the Observer, means it is open to males, females and transgender individuals.

The agency announced the development in a suddenly called meeting with staff members on Wednesday.

The move appears to have been sparked by an incident at the agency a few weeks ago, in which a group of young gay men got into a squabble in a restroom. One of the men was reportedly stabbed.

The Jamaica Observer is not sure if the agency in question is the only one to have made such a move, but there have been subtle changes to Government policy on gender issues in recent time — the Bureau of Women's Affairs morphing into Bureau of Gender Affairs being one example. 

The Bureau, in tandem with the Planning Institute of Jamaica; the ministries of Youth and Culture, Education and National Security; the Inter-American Development Bank and the World Bank, recently spearheaded a project — the Next GENDERation Initiative — which it said sought to contribute to reducing violence in Jamaica by promoting a positive dialogue around gender roles, and to raise awareness of the link between gender stereotypes and violence among youth.

sign added by me to show support

Earlier in October the Child Development Agency, CDA The Child Development Agency (CDA) has initiated discussions with several stakeholders in the child protection sector, to develop a system to deal with the issue of bullying in schools.

Following a report released by the CDA in August of this year titled, ‘Investigating the Prevalence and Impact of Peer Abuse (Bullying)’, the agency has assembled a working group to design a system to reduce the incidents of bullying and peer abuse among the nation’s youth.

At a consultation held on October 6 at the New Kingston Conference Centre, Manager of Research and Development at the CDA, Randell Bailey, who gave an overview of the report, said the aim of the study is to decrease the incidents of bullying. Mr. Bailey explained that while bullying is not new, it is a growing and serious issue that we need to look at.

“We want to inform an integrated response mechanism. We want to see what the different issues are in different spaces and then discuss solutions to deal with it,” he said.

The study was undertaken in partnership with the Ministry of Education, and the consultation was attended by representatives from the Office of the Children’s Advocate (OCA), the Planning Institute of Jamaica (PIOJ), the National Parent Teacher Association (NPTA) the Planning Institute of Jamaica (PIOJ), the Next Generation Initiative and the Mico Youth Counselling and Research Development Unit.

The study investigated the prevalence and impact of bullying on the development of children. It also identified and assessed the variables that contribute to bullying and developed profiles of the bully and victim. Meanwhile, Chief Executive Officer of the CDA, Rosalee Gage-Grey, said that the forum is another step in building awareness and operationalising the study on bullying in Jamaica.

“This bullying study is groundbreaking, as for the first time anecdotal evidence has been translated into strong empirical data giving greater insight and hence providing a solid foundation for future research, while equipping social agencies to tackle the problem at its very root,” she noted.

For his part, Director of the Safety and Security in Schools Division of the Ministry of Education, Sergeant Coleridge Minto, commended the CDA for the initiative.

“This is perhaps one of the first reports that the nation has been exposed to, and as a result, for the very first time in the history of the Ministry of Education, we incorporated in our Safety and Security Policy Guidelines, a full section treating with the issue of bullying. We also incorporated it into our curriculum through the Health and Family Life Education, because we see this as a major issue,” he said.

The study was conducted in the 2013/14 school year by PSEARCH Associates Company Limited, with funding provided by the United Nations Children’s Fund (UNICEF).

The unisexual bathroom development is not new as far back as the times of the forward thinking Staff Orders that includes discrimination via sexual orientation in its wording. A couple bathrooms were adjusted to reflect the change as part of a pilot but whether those lasted is unknown. Which is where my peeve is as continuity with projects and initiative is frustrating and leads to no lasting growth and change.

Finally one transvoice commented on Facebook:

"The term transgender can build and destroy the community, due to an incident at an government institution they have created a unisex bathroom for persons who rather to use that restroom than the traditional male and female restroom.

I want to say great work, but it becomes problematic because it restrict me from using the female bathroom that I enjoy using already.

I am not intersex nor transgender, I am a woman, yes I am a woman I am not transitioning into a woman, from the age of 3-4 I knew I am a woman.

Now they have given me the only option to use that bathroom to remind me every time that I am transgender not a woman, it remind me that I am marginalize.

Who wants to be in that group called marginalize surly not me."

Peace & tolerance

H

Pastor Says Frightening Preaching No Longer Converts Sinners

How many times have you heard a pastor's desperate plea encouraging the unsaved to turn from their lives of sin or burn in hell? Although they have good intentions, this turn-or-burn approach may rub sinners the wrong way.

Family and Religion contacted the Reverend Teddy Jones of the Jamaica Theological Seminary (JTS) and pastor of Shalom Missionary Church to have him shed some light on the issue.

"I am indeed familiar with that particular approach to evangelism. It was very popular in the '80s and early '90s," explained Jones.

"I have a big issue with it. I think it amounts to psychological manipulation, and I do not think it is an effective method of evangelism today. During the time when it was being used, it [was effective], in that a number of persons were pretty much scared, so they made a sudden decision."

The reverend told Family and Religion that though some of these persons are still walking with the Lord, most people who make a decision under that kind of preaching tend not to last.

"This is so because their decision was not thought out and just like with persons who made decisions when there was the whole millennium bug [scare] at the turn of the century, many of the promises were shortlived," he said, adding that following Jesus is something one needs to think through, count the cost, and then make a decision.

Pastors and their saints who endorse this type of evangelism clad their messages with scriptures of the Bible.

Revelations 21:8: "The cowardly, the unbelieving, the vile, the murderers ... . Their place will be in the fiery lake of burning sulphur ... ."

And St Matthew 25:26: "Then they will go away to eternal punishment, but the righteous to eternal life."

These types of scriptures and those emphasising the promised weeping and gnashing of teeth that await the sinful are heavily used in an attempt to win souls for the kingdom.

"I believe Hell and Heaven are real, and the scripture is clear on that. However, I think that when the turn-or-burn approach is taken, persons make a decision simply because they want to go to Heaven," the reverend said.

"They operate out of a utilitarian perspective, that is, what they can get out of it. So it becomes all about walking on streets of gold and inheriting the mansion in Heaven. Their decision isn't based on a desire to have a relationship with God. It should be that you want to serve God because of who you understand God to be and not what you can get. Your decision should be based on the realisation that you want to serve Him and embrace salvation in Jesus Christ, whether there is a mansion or street of gold," he said, adding that not wanting to go to Hell or Heaven should not be the main deciding factor.

Jones said many people who make a decision in such circumstances have very shallow commitment.

He said: "It seems to me that that is one of the reasons we have so many persons in church today who will not do anything for the Lord and who are just content to sit and make up numbers."

The director of recruitment and admissions at the JTS told Family and Religion that he believes the turn-or-burn approach no longer has any impact on the unsaved.

"It has lost its frightening power. At best, it may stir the emotions, but not enough to make them want to leave their life of sin," explained Jones.

ENDS

Fire and brimstone don't work again. Simple as that.

here are some posts and videos related:

After Church Drama - Pastor chastises effeminate man

Is this a joke .... Church group denies gay bias

Suspected gay man booted from church

Tension at Riverton SDA Church board as member accused of sexual assault is still active

Another St Thomas Pastor Accused of Rape ........... Where are Anti Gay Religious Groups?

More Pastoral Inappropriateness & Under-aged Victims... Silence from The Selective Religious

Anti gay religious voices where are they? .... Pastor charged with sexual assault

Reverend Al Miller continues his antigay advocacy while his integrity is severely damaged 2014

Al Miller has a case to answer (Observer) 2015

The Hypocrisy of Jamaican Anti Gay Groups & Selective Actions of Societal Ills 

Rev Al Miller's trial to resume November 4 (yaadflex)

Peace & tolerance

H

The CCJ: The Role of the electorate

In light of recent disturbing developments with regards to the politicization of the CCJ debate and the exploitation by the Justice Minister of homophobia to gain support for the debate and establishing the court as our final one I decided to post this entry here.

CCJ may unite church and state 

You can follow the more pressing matters on Gay Jamaica Watch HERE: Justice Minister exploits homophobia to gain CCJ support

Dr Paul Ashley, political analyst

The CCJ debate in the Senate is in full swing: lots of distractions,drama, and rhetoric but woefully devoid of substance.

We have expressed our discomfort with the decision of Jamaica’s final appellate resting solely on the vote of one Opposition Senator “exercising his conscience” and being anxious to be on “the right side of history”.

One of the key elements is the role of the citizens (not their elected representatives or their appointed agents) in the making of this decision. On strict Constitutional terms there is none.

The Constitutionalist:

The PNP Government has decided to replace the Privy Council with the CCJ as Jamaica’s final appellate court

The severing of ties with the Privy Council requires only a simple majority in both Houses. The government of the day has such a majority so that is a relatively simple exercise.

Both our Supreme Court and our local Court of Appeal are “entrenched”.

The UK- based Privy Council has stipulated that the replacement of the Privy Council (which was not entrenched in our Constitution) should enjoy the same level of protection (read entrenchment) as our Supreme Court and Court of Appeal.

The entrenchment of its replacement—the CCJ or our local final appellate court ----- requires the 2/3 majority in the case of the plainly “entrenched” plus a referendum for the “deeply entrenched” in addition to certain specified time periods.

The PNP Government is not into “deeply entrenchment” but mere “entrenchment” as stipulated by the UK- based Privy Council.

Should citizens have a say?

There is the view that to put such a “sensitive” matter to the public would expose the Judicial system to the vagaries ( and vulgarity ) of politics. Somehow this would “politicize” the matter—a somewhat dishonourable and ignoble exercise.

“We commit to a Constitution that is truly grounded in the will of the Jamaican people and pledge that, as soon as

possible after the General Election, we will seek consensus to pass the legislation required to achieve the main elements of constitutional reform that have so far been

agreed. 

 These include:

• A Jamaican Republic headed by a Jamaican

• Substitution of the Caribbean Court of Justice for the UK-based Privy Council and

• An updated Charter of Rights to reflect current thinking on human rights

Before taking effect, we will ensure that these constitutional changes are submitted to the Jamaican electorate for their approval.”

[Source: People’s National Party Manifesto 2007 Chapter 1; Constitutional Reform, p8] 

That commitment by the PNP represented a reversal of its position as highlighted by the Jamaica Observer in an article “Now PNP says it will put CCJ to referendum”, Friday, August 10, 2007

“The People's National Party (PNP) has made an about-turn in its position on the Caribbean Court of Justice (CCJ), promising to put the issue to a plebiscite within the next five years as part of other proposed changes to the Constitution.

The commitment is outlined in the ruling party's manifesto which it launched last night at The Courtleigh Auditorium in New Kingston.”

[their emphasis]

This commitment was given by a PNP government now headed by Party leader and Prime Minister, Portia Simpson-Miller and represents a departure from the stance taken by the PNP government under former Prime Minister PJ Patterson who, “had stoutly resisted calls by the Opposition Jamaica Labour Party (JLP) and rights groups for the CCJ to be put to a referendum.”[emphasis added]

It can be argued that the commitment was conditional on the PNP being elected to form the next government as the general elections were to be held on August 27, 2007. The PNP lost.

Some questions:

Did the PNP Government “politicize” the issue by reversing its position and including a commitment to involve the Jamaican electorate as soon as possible after the General Elections?

Was that a blatant vote catching exercise?

Was the substitution of the Caribbean Court of Justice for the UK-based Privy Council an agreed element of the constitutional reform?

What must be made of the fact that the PNP in its 2011 Manifesto seemed to revert to the original stance taken by PJ Patterson?

“We will also complete the long journey of de-linking from the Judicial Committee of the Privy Council as our final Court of Appeal and fully embracing the jurisdiction of the Caribbean Court of Justice.”

[Source: 2011 Manifesto of the People’s National Party p39]

No mention of:

1) the will of the Jamaican people;

2) seeking consensus of that which has been agreed;

3) submitting constitutional changes to the Jamaican electorate for their approval.

Is there any merit in the argument that the PNP, having "politicized" the issue in its 2007 Election Manifesto, sought to "de-politicize" the issue in its 2011 Election Manifesto?

Does any of this really matters as only a tiny portion of the electorate has read the Jamaican Constitution and/or any Election Manifesto?

ENDS

also see:
Lawyers' Christian Fellowship's hypocritical stance on CCJ but keep Buggery Law!

PM scolds gay-rights protesters in New York ........ challenges truthfulness of Homophobic Claim

Justice Minister reiterates his personal position on the Buggery Law, Anal Intercourse, Consent & Privacy

Portia Simpson - 'Uncouth behaviour of others to make me look less than polished'

When did anyone ask for gay marriage rights in Jamaica when we can't get basic tolerance ....

Opposition Leader sides with antigay groups on Referendum on The Buggery Law 2014

No Buggery Law Removal says Justice Minister, Gay Marriage parachuted in yet again May 2015

JFLAG Tries to Clarify its Agenda 2014

Vaz Says Constituents Stand Firm Against Homosexuality

also see: Holness Dithering On Homosexuality from 2011

"Outdated" Bail Laws to be changed but Buggery Laws remain ... how convenient Mr.Golding? 2010