Jamaica tolerates rape and child abuse but not homosexuality - Diana King

Though she is known for her hit song, Shy Guy, she is far from shy and never refuses to let the world know exactly how she feels.

Diana King, has found herself in hot water on social media because of a slew of posts she made in regards to Jamaica’s attitude towards homosexuals.

“JAMAICA is TOLERANT of RAPE & SEXUAL ABUSE of CHILDREN even INCESTS but NOT of SEX between CONSENTING #LGBT ADULTS,” King wrote.

That post infuriated social media users who vehemently denied her accusation of rape and sexual abuse being accepted among Jamaicans.

One user berated her for post.

“@DIANAKINGDOM this is nonsense--rapists and child molesters get beheaded before the cops come get them--nonsense--don’t speak ill of JA.”

Another user questioned King’s method of speaking on Jamaica’s attitude towards the lesbian, gay, bisexual and transgender community.

"@DIANAKINGDOM your way of speaking out on a issue is to attack the entire country to gain what? hostility, more resentment toward LGBT?”

Tweets laced with expletives, were used to bash King for her perceived attack on Jamaica.

The 45-year-old was not phased by the persons who denied her allegations.

“I DON'T NEED SURVEYS • IF U CONSCIOUSLY OBSERVE U WILL SEE the TRUTH • ITS UP to U IF U CHOSE (sic) to ACCEPT IT or DENY IT,” she tweeted clearly not deterred social media users.

In 2012, King declared on her Facebook page that she was a lesbian, much to the attention of Jamaicans, with a number of persons reacting in a positive manner.

She is the first Jamaican artiste to publicly declare a same sex preference.

She also replaced Beenieman in November 2015 in New Zealand.

also see: Beenie Man off lineup, replaced with lesbian singer.

Gotta keep pushing on. While I understand there is a need to vent and the comments sometimes tests anyone's patience Miss King needs to also be mindful that she is in a position to teach; given her reach and visibility. 

Peace & tolerance.

H

An uneasy reintegration; time will tell

Hope remains while company is true.

The old definition of re-integration but as times change and more and more LGBT people in Jamaica find themselves outside looking in after being kicked out for either coming out or outed things have to change.

It is not very often from the myriad of reports and cases or forced evictions or voluntary exile by persons due to homo-negative reactions, stigma and sheer ignorance that comes impacted person’s reintegration news which suggest all is not lost. My experience has taught me that same gender loving women tend to be more successful than their male counterparts as the trade off of a higher tolerance of lesbianism if you will is way higher; all one has to do is visit the gentleman’s clubs all over the island and see the appetite for women whether lesbian or not mimicking such acts on stage with much cheering from the penny section and sometimes huge tips in the form of money rained on the stage. This has been seen by some experts as a clear sign of the kind of misogyny that pervades our society.

Same gender loving women who are impacted by forced evictions tend to find alleviation easier as trust seems more present, they do not have the spectre of being trouble makers such as their male and transgender displaced or homeless counterparts by virtue of the reporting over the years. Even in general homelessness it is more males than females that dot our suburban thoroughfare as opposed to women.

This latest case involves a then 18 year old bisexual woman who presents as stud she says and who was forced out of home by her mother in Portmore St Catherine in 2013. Thanks to her for sharing this and for the operative who reached out to me by via email in discussing the matters; she was concerned about the reporting on homelessness predominantly on males (the old lesbian oversight or invisibility hints) and hardly any reintegration highlights so she asked if she could make the link to which I replied and hence this post. I am grateful for the number of respondents in recent times to the posts and the sharing of issues freely.

Things however got tense form some time for the bisexual lady and her mother in particular as the relationship became tenuous between the two; arguments dotted with condemnatory remarks, the occasional lockout or ever changing appearing curfews and house rules. Arguments got louder in decibel range, other siblings were encouraged to support the mother’s anti-lesbian stance to which some did and others did not and asked her to ‘cool it’; especially coming from younger family members but older ones held on to a Leviticusal typed mantra in reminding the bisexual woman that Sodom & Gomorrah were destroyed because of homosexuality.

Things came to a head in December 2013 when she was forced to remove despite the tense agreement that if she found a job she would go for a peaceful life. These kinds of tense moments as in other cases often have tied up in the resistance by family members a lack of employment and economic stability or a job as mettle for justifying the pushback or forced evictions towards LGBTQ persons; the young lady was job hunting as she pursued a course at a nearby Community College. Thanks to friends who offered temporary shelter as she requested and has been riding the waves comfortably despite the challenges.

Two senior female community influentials are also involved in providing guidance and keeping close to the situation as well. I do wish there are more influentials like those who are not into fluff but real people and engagement. The impacted woman has been approached by her mother surprisingly and she asked for regular visits to the old home but insisting on lesbian business as it were; the woman had agreed at the time but exchanges in previous visits so far have been tense and guarded she indicated on both fronts. Where it will lead only time will tell but the influentials have encouraged both parties to commence some sort of counselling/talk therapy to deflect any future conflict with a view to mend the relational differences.

I hope this one ends up in a good place and that mutual respect and understanding can come forth out of all this.

Peace & tolerance

H

Joint tenancy versus tenants in common ..........

On the strength of a radio discussion this morning on religious radio Love 101FM on property transfers with two guests from the Administrator General's office; they discussed the numerous complaints of probates and wills not being dealt with but monies are collected. Host Rev Marvia Laws asked about the captioned subject and interested parties including non relatives which struck me. With so many more Jamaicans seeking a steady monogamous relationship I thought I'd share this as it can be a way to distribute property until such rights and legal changes come.

from the Gleaner:

QUESTION: I've just read an article you wrote in The Sunday Gleaner on May 8, 2011 titled 'Transfer of Property to Living Trust' and I would appreciate your counsel on a similar matter. My mother and aunt are joint tenant property owners for land in Old Harbour, St Catherine. My aunt wishes to transfer her share of the property to me via inter vivos gift, thereby making my mother and me joint tenants.

What are the steps to be taken in order to effect the transfer? What documents would be needed in order to effect the transfer? What are the fees, considering that the transfer is a gift? Thanks in advance for your time. I look forward to your expert advice.

Bryan

FINANCIAL ADVISER:

If two or more persons hold an estate or interest in land, they are required to state whether they hold the estate or interest as joint tenants or tenants-in-common. It is very important to understand the difference between the two as how property is owned has serious implications for the ability to transfer it.

Due care should be taken when two or more persons are coming into ownership of property to understand the difference and thus register their ownership in a way that will not cause undesirable complications in the future.

Let us examine the two types of ownership.

Joint tenants have a right of survivorship. This means that if John and Celia own land as joint tenants and either of them dies, the interest of the deceased joint tenant automatically passes to the survivor. So if John dies, his interest passes to Celia, who then becomes the owner of all of the property. If the property is owned by three persons, the death of one joint owner/tenant would result in his or her share effectively passing to the two survivors.

What is the meaning of this? It means that the joint tenant does not have an interest in the land that he or she can leave in a will unless he or she is the sole surviving joint tenant. In our example, upon the death of John, Celia is able to bequeath or gift the property to whomsoever she wishes. If there is a third joint tenant, only the last surviving joint tenant, two having died, can bequeath or gift the property to another person.

When a joint tenant dies, the death is noted by the filing of an 'Application to Note Death'.

To create a joint tenancy, the following rules must be satisfied:

n All the joint tenants must acquire their interest in the property at the same time and from the same transaction; and

n The interest must be identical in nature and each tenant enjoys an equal right to the whole or any part of the property but not an exclusive right to possess any part.

Unlike joint tenants, tenants-in-common do not have the right of survivorship. When a tenant-in- common dies, his or her interest in the property passes under the terms of his or her will, or if he or she dies leaving no will, the interest is distributed under the Intestate Estates and Property Charges Act. In this case, with John and Celia as tenants-in-common, John's share of the property passes to whomever he wills it to.

EQUAL RIGHT

The tenant-in-common has an undivided share and interest in the property. He or she has an equal right to the possession of the whole of the property but not a right to possess any part exclusively. A tenant-in-common may deal with his or her share of the property as he or she sees fit, such as giving it as a gift.

Tenants-in-common may also hold unequal shares in the property. If no share is stated, the presumption is equal shares, that is, 50/50 if there are two tenants-in-common or 25% each in the case of four tenants-in-common.

Although your aunt is not now able to transfer her interest in the property to you, you can become its owner, in its entirety, if you outlive the current owners and if it is the desire of the survivor to pass it to you. As soon as either your mother or aunt dies, it would make sense for the survivor to make a will stating very clearly who the beneficiary should be you alone or you and others.

Alternatively, given the uncertainties we all face, it would be prudent, if their current wills do not have a residuary clause, for them to make new wills with such a clause to facilitate the disposition of assets not mentioned in their wills. They may also amend existing wills but certain procedures must be followed.

You could still get your inter vivos gift if you outlive one of the current owners. The survivor could choose to gift the property to you - in part or whole - upon becoming its sole owner.

Oran A. Hall, the principal author of 'The Handbook of Personal Financial Planning', offers personal financial planning advice and counsel. finviser.jm@gmail.com

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