Sunday, June 21, 2009
Sexual Offences Bill out of touch with reality (Observer Letter 15.06.09)
check out this interesting observation by Families Against State Terrorism convener Ms Yvonne Sobers.........
Dear Editor,
We live in a region with a 50 per cent rate of HIV/AIDS infection that is second only to Africa. This epidemic has taken lives, orphaned children, and set back social and economic progress for present and future generations. Yet, we have a Sexual Offences Bill, now before the Senate, that could further drive the spread of HIV/AIDS in Jamaica.
Unprotected heterosexual sex is the main route to HIV/AIDS transmission in the Caribbean, with unprotected homosexual sex a critical factor.
According to a 2007 report on HIV/AIDS in Jamaica, cultural factors are fuelling the epidemic in high-risk groups (prostitutes and men who have sex with men). In addition, a 2008 study commissioned by the Ministry of Health showed that about one-third of men who have sex with men were also having sex with multiple female partners.
The Ministry of Health cannot now deliver services to these high-risk groups under current laws, let alone the even more stringent laws about to be introduced under the Sexual Offences Bill. For example, under this new Bill:
. A man who is convicted of buggery (having consensual anal sex with a man or a woman) may now be listed as a sex offender after his 10-year prison sentence ends.
. A woman who is convicted of prostitution (having consensual commercial sex) may be fined up to $500,000 and be imprisoned for up to five years. Anyone who lives with a prostitute, or is seen in her company, can be arrested and suffer the same penalties as the prostitute.
Leaders in Jamaica's programme for the control of HIV/AIDS, notably Dr Peter Figueroa and more recently Dr Kevin Harvey, have long called for the repeal of laws criminalising anal sex and prostitution. Further, the African tragedy shows how urgently we need to prevent rather than foment an epidemic that infects about 20,000 Caribbean people each year.
It is certainly in our interest as a society to avoid introducing laws almost guaranteed to worsen a potential epidemic. Let us therefore demand of our senators that they question a Sexual Offences Bill that is out of touch with 21st century life and death realities.
Yvonne McCalla Sobers
sobersy@yahoo.com
Dear Editor,
We live in a region with a 50 per cent rate of HIV/AIDS infection that is second only to Africa. This epidemic has taken lives, orphaned children, and set back social and economic progress for present and future generations. Yet, we have a Sexual Offences Bill, now before the Senate, that could further drive the spread of HIV/AIDS in Jamaica.
Unprotected heterosexual sex is the main route to HIV/AIDS transmission in the Caribbean, with unprotected homosexual sex a critical factor.
According to a 2007 report on HIV/AIDS in Jamaica, cultural factors are fuelling the epidemic in high-risk groups (prostitutes and men who have sex with men). In addition, a 2008 study commissioned by the Ministry of Health showed that about one-third of men who have sex with men were also having sex with multiple female partners.
The Ministry of Health cannot now deliver services to these high-risk groups under current laws, let alone the even more stringent laws about to be introduced under the Sexual Offences Bill. For example, under this new Bill:
. A man who is convicted of buggery (having consensual anal sex with a man or a woman) may now be listed as a sex offender after his 10-year prison sentence ends.
. A woman who is convicted of prostitution (having consensual commercial sex) may be fined up to $500,000 and be imprisoned for up to five years. Anyone who lives with a prostitute, or is seen in her company, can be arrested and suffer the same penalties as the prostitute.
Leaders in Jamaica's programme for the control of HIV/AIDS, notably Dr Peter Figueroa and more recently Dr Kevin Harvey, have long called for the repeal of laws criminalising anal sex and prostitution. Further, the African tragedy shows how urgently we need to prevent rather than foment an epidemic that infects about 20,000 Caribbean people each year.
It is certainly in our interest as a society to avoid introducing laws almost guaranteed to worsen a potential epidemic. Let us therefore demand of our senators that they question a Sexual Offences Bill that is out of touch with 21st century life and death realities.
Yvonne McCalla Sobers
sobersy@yahoo.com
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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.
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.
Taboo...Yardies Trailer
The concept of the documentary Taboo...Yardies is to explore the perception of Jamaica as an Island that is saturated with homophobia by providing Jamaicans who are pro, con and everywhere in between this highly controversial issue. These are the voices of those who dare to speak up and out on human rights.
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Atheism & Secularism may cloud the struggle for lgbt rights in Jamaica
recent discussions seem to cloud the thrust for advocacy in regards to decriminalization of buggery and privacy rights for same gender loving people
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
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






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