Gay Jamaica Watch: RJR News - Sexual Offences Bill under fire

Tuesday, June 30, 2009

RJR News - Sexual Offences Bill under fire

A Government Senator on Friday joined an Opposition Senator in expressing alarm about sections of the new Sexual Offences Bill.

Last week, Opposition Senator Navel Clarke suggested sections of the bill might overturn the buggery laws and sanction consensual sex between two men. In the Senate Friday morning, Government Senator Hyacinth Bennett also picked apart sections of the Bill.She expressed alarm at the prospect that the bill could sanction buggery and said doing so would cater to the homosexual lobby.

The Government Senator also said changes should be made to the bill to guard against people who undergo sex changes.Turning to the section of the bill dealing with marital rape, Senator Bennett disagreed with fellow Government Senator Dennis Meadows who last week suggested that marital rape be made gender neutral. She said doing so would lead down a slippery slope that could bring into contention the definition of marriage.

The debate continues in the senate.

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What to Do .....

When Arrested and taken to a Police Station you have the right to:

a. Make a phone call: to a lawyer or relative or anyone
b. Ask to see a lawyer immediately: if you don’t have the money ask for a Duty Council
c. A Duty Council is a lawyer provided by the state
d. Talk to a lawyer before you talk to the police
e. Tell your lawyer if anyone hits you and identify who did so by name and number
f. Give no explanations excuses or stories: you can make your defense later in court based on what you and your lawyer decided
g. Ask the sub officer in charge of the station to grant bail once you are charged with an offence
h. Ask to be taken before a justice of The Peace immediately if the sub officer refuses you bail
i. Demand to be brought before a Resident Magistrate and have your lawyer ask the judge for bail
j. Ask that any property taken from you be listed and sealed in your presence
Cases of Assault:An assault is an apprehension that someone is about to hit you

The following may apply:
1) Call 119 or go to the station or the police arrives depending on the severity of the injuries

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

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

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

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

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

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

Information & Disclaimer

Not all views expressed are those of GJW

This blog contains pictures and images that may be disturbing. As we seek to highlight the plight of victims of homophobic violence here in Jamaica, the purpose of the pics is to show physical evidence of claims of said violence over the years and to bring a voice of the same victims to the world.

Many recover over time, at pains, as relocation and hiding are options in that process. Please view with care or use the Happenings section to select other posts of a different nature.

Not all persons depicted in photos are gay or lesbian and it is not intended to portray them as such, save and except for the relevance of the particular post under which they appear.

Please use the snapshot feature to preview by pointing the cursor at the item(s) of interest. Such item(s) have a small white dialogue box icon appearing to their top right hand side.

God Bless

Other Blogs I write to:
http://glbtqjamaica.blogspot.com/
Recent Homophobic Incidents CLICK HERE for related posts/labels from glbtqjamaica's blog & HERE for those I am aware of.

contact:
lgbtevent@gmail.com
glbtqjamaica@live.com

Thanks for your Donations

Hello readers,
thank you for your donations via Paypal in helping to keep this blog going and related costs. Please continue to support me and my allies in this venure that has now become a full time activity. When I first started blogging in late 2007 it was just as a pass time to highlight GLBTQ issues in Jamaica under then JFLAG's blogspot page but now clearly there is a need for more forumatic activity which I want to continue to play my part.

Donations presently are only accepted via Paypal where buttons are placed at points on this and the GLBTQ's blog as well. If you wish to send donations otherwise please contact: glbtqjamaica@live.com

Activities & Plans: ongoing and future

To continue this venture towards website development with an E-zine focus

Work with other Non Governmental organizations old and new towards similar focus and objectives

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

Exposing homophobic activities and suggesting corrective solutions

To formalise GLBTQ Jamaica's activities in the long term

Continuing discussion on issues affecting GLBTQ people in Jamaica and elsewhere

Welcoming, examining and implemeting suggestions and ideas from you the viewing public

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

Assist where possible victims of homophobic violence and abuse financially and otherwise

Track human rights issues in general with a view to support for ALL

Thanks again
Howie
lgbtevent@gmail.com
http://glbtqjamaica.blogspot.com/
http://glbtqjamaicalinkup.ning.com/

Peace

Interfaith group pledges continued support for St Catherine homeless MSM

The last time we looked at this it was on Gay Jamaica Watch in December of 2012 where the group then had hosted a treat during the Christmas holidays for a select few. The interfaith group who had expressed some interest earlier last year in assisting three of the young men after a series of incidents involving them and others in several forced evictions similar to those of their Kingston counterparts with the local authorities moving the men from all points they occupy and obstruct have vowed to continue while resources last. However in St Catherine it was residents who made those decisions with some disastrous consequences such as the reported chase and attempted flogging of a group who illegally occupied an empty house in the Sydenham area and men supposedly ran them out of town and boarded up the structure after the owners residing overseas were informed of the squatting activities by the men.

HOMELESS MSMS EVICTED FROM CARGILL AVENUE

28/08/12 CVM TV again rebroadcast a story of homeless msms and the deplorable living conditions coupled with the almost sensationalistic narrative of the alleged commercial sex work the men are involved in. Gay Jamaica Watch has been following this issue since 2009 when the older populations of MSMs who were for the most part displaced due to forced evictions and homo negative issues and their re-displacement by agencies who on the face of it refused to put in place any serious social interventions to assist the men to recovery

POPULAR JAMAICAN DJ PULLS KNIFE on "Ass Pincher" while going on stage?

Sometime controversial entertainer and dub poet Mutabaruka reports that a popular dancehall DJ was admired supposedly by a gay or bi thug it seems at a recent event sometime in July of 2012, the "pinched DJ" retaliated but a gun was pulled on him by the pinching male admirer who reminded him who was the bigger man in as far as weapons at the time were concerned. I have no doubt this is a fabrication as Muta is not known for fueling conjecture or rumours to enhance his own end but this is an interesting story and gives some insight into the links to the underworld and same gender loving issues coupled with the low wearing pants phenomenon Are men now being more open to public adoration by other men but with some brute force to boot? I do know of thugs who like men as well and the other hypermasculine typed brothers but is this reflective of any change from intravertedness to coming out in a sense on the part of previous thought down low populations? Who knows eh

Origin of the word BUGGERY

Origin of the word BUGGERY

The British English term buggery is very close in meaning to the term sodomy, and is often used interchangeably in law and popular speech. It may also be a specific common law offence, encompassing both sodomy and bestiality.

The word bugger and buggery are still commonly used in modern English as a mild exclamation, and "buggery" is also synonymous with anal sex.

The word "bugger" was derived, via the French "bougre", from "Bulgar", that is, "Bulgarian", meaning the medieval Bulgarian heretical sect of the Bogomils, which spread into Western Europe and was claimed by the established church to be devoted to the practice of sodomy. "Buggery" first appears in English in 1330, though "bugger" in a sexual sense is not recorded until 1555.

FEMIDOM II Suggested for Anal Sex for Men

Just like male condoms, FCs are shaped like an open-ended tube. The main difference is that female condoms have two rings, instead of just one! There’s a removable inner ring and an attached outer ring. Theinner ring must be kept in during vaginal sex, but for anal sex, keeping it in is a matter of taste. The outer ring helps protect against STIs that are spread by skin-to-skin contact, like herpes, because it covers more surface area around the vaginal or anal opening, depending on what type of sex you’re having.

Notes on Bail & Court Appearance issues

If in doubt speak to your attorney

Bail and its importance -
If one is locked up then the following may apply:

Locked up over a weekend - Arrested pursuant to being charged or detained There must be reasonable suspicion i.e. about to commit a crime, committing a crime or have committed a crime. There are two standards that must be met:
1). Subjective standard: what the officer(s) believed to have happened

2). Objective standard: proper and diligent collection of evidence that implicates the accused To remove or restrain a citizen’s liberty it cannot be done on mere suspicion and must have the above two standards

 Police officers can offer bail with exceptions for murder, treason and alleged gun offences, under the Justice of the Peace Act a JP can also come to the police station and bail a person, this provision as incorporated into the bail act in the late nineties

 Once a citizen is arrested bail must be considered within twelve hours of entering the station – the agents of the state must give consideration as to whether or not the circumstances of the case requires that bail be given

 The accused can ask that a Justice of the Peace be brought to the station any time of the day. By virtue of taking the office excluding health and age they are obliged to assist in securing bail

"Bail is not a matter for daylight"

Locked up and appearing in court:
 Bail is offered at the courts office provided it was extended by the court; it is the court that has the jurisdiction over the police with persons in custody is concerned.

 Bail can still be offered if you were arrested and charged without being taken to court a JP can still intervene and assist with the bail process.

Other Points of Interest:
 The accused has a right to know of the exact allegation

 The detainee could protect himself, he must be careful not to be exposed to any potential witness

 Avoid being viewed as police may deliberately expose detainees

 Bail is not offered to persons allegedly with gun charges

 Persons who allegedly interfere with minors do not get bail

 If over a long period without charge a writ of habeas corpus however be careful of the police doing last minute charges so as to avoid an error

 Every instance that a matter is brought before the court and bail was refused before the accused can apply for bail as it is set out in the bail act as every court appearance is a chance to ask for bail

 Each case is determined by its own merit – questions to be considered for bail:

a) Is the accused a flight risk?
b) Are there any other charges that the police may place against the accused?
c) Is the accused likely to interfere with any witnesses?
d) What is the strength of the crown’s/prosecution’s case?

 Poor performing judges can be dealt with at the Judicial Review Court level or a letter to the Chief Justice can start the process

Human Rights Advocacy for GLBT Community Report 2009

Steps to take when confronted by the police & your rights compromised:

a) Ask to see a lawyer or Duty Council

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

c) Try to be polite even if the scenario is tense

d) Don’t do anything to aggravate the situation

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

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

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

h) File a civil suit if you feel your rights have been violated

i) When making a statement to the police have all or most of the facts and details together for e.g. "a car" vs. "the car" represents two different descriptions

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

Gay Jamaica Watch

What kind of cleasning practice do you follow?

Poor leadership & dithering are reasons for JFLAG & Jamaica AIDS Support’s homelessness

Tuesday, June 30, 2009

RJR News - Sexual Offences Bill under fire

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