The Safe House Project 2009 for Displaced & Homeless MSM/Transgender reviewed & more


In response to numerous requests for more information on the defunct Safe House Pilot Project that was to address the growing numbers of displaced and homeless LGBTQ Youth in New Kingston in 2007/8/9, a review of the relevance of the project as a solution, the possible avoidance of present issues with some of its previous residents if it were kept open.
Recorded June 12, 2013; also see from the former Executive Director named in the podcast more background on the project: HERE also see the beginning of the issues from the closure of the project: The Quietus ……… The Safe House Project Closes and The Ultimatum on December 30, 2009

Thursday, July 30, 2009

Big feet, big hands, big em em!

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Well the general colloquial expression is a widely held belief by Jamaicans overall. A man's genitalia is usually prejudged by the size of his hands or even lips, the thicker the lips the bigger the expected part. This post came out a spirited discussion I was involved in last evening where while for of us stopped in a car at a stop light we saw a man purchasing a newspaper. his hands were exceptionally large, a friend of mine in the vehicle exclaimed

"Jezaz him sinting supposed to big nuh daylight" (his penis is supposed to be big as ever).

Of course we all erupted in laughter at once. Black men in general are deemed to be more endowed than other races and Jamaican men in particular are the object of attention from Caucasian and black men of other nationalities. It is often said by Jamaican men who use the Internet for hookups that one of the first questions they get asked is if it is true that Jamaican men are as big as they say.

It's kinda sad though that the physical is the first thing or centre of attraction for us as Jamaican gay men than our minds and that such trivial beliefs are what we are judged by. So what if we have big you know whats its the stuff that we are made of that should count too.

Make the dick size secondary.

H

Sunday, July 26, 2009

Trini SDA seh so: How do you become a “Gay Christian”?

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My blog friend at http://trinidadsdagay.blogspot.com/ posted this interesting post with a question - How do you become a “Gay Christian”? here is an excerpt of his outline please follow the links to see the rest and bookmark his page there are lots of other goodies there for stimulation.


What is the primary driver behind most individuals’ urges to re-examine what the Bible has to say about homosexuality?

In other words, why did the individual see the need to study further on the issue of homosexuality?

The reason this issue interests me is because I often wonder what influence this motivation can have upon the investigation itself. In other words:

Can a desire to be free to pursue a gay relationship (because of a homosexual orientation) unduly influence the outcome of any investigative Bible studies?

In other words if you are desperately seeking to belong and to feel accepted and frankly to be loved by another man or woman; can that cause you to conclude (from studying) something that you otherwise would not have?

How do you guard against studying to come to a conclusion that you always wanted to arrive at anyway?

How many people realistically say that when they set out to study the issue of homosexuality further, they decided to accept the outcome—regardless of whether or not it would be the outcome they wanted? How many traditionalists look at the Bible and say: “If this really says that gay relationships can be blessed by God then I must accept it.”? How many (now) liberals said: “I am going to follow God’s word even if I conclude after honest examination that gay relationships are forbidden.”?

Then I have a harder question that applies to any position on the matter:

CONTINUE HERE

H

Saturday, July 25, 2009

Commendable - Child Pornography (Prevention) Act Passed

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Senate passes Bill that allows maximum 20-year prison term
BY ALICIA DUNKLEY, Observer staff reporter dunkleya@jamaicaobserver.com

THE Senate yesterday passed the 2009 Child Pornography (Prevention) Act to make the production, possession and distribution of child pornography a criminal offence in Jamaica.
Child pornography, as defined by the Bill, refers to obscene pictures of children, including visual representations or images, audio recordings and written material and any visual representation that advocates sexual activity with a child.
Attorney-General and Justice Minister Senator Dorothy Lightbourne, who piloted the Bill, said the danger of technological advancement to Jamaican children has been illustrated by recent events.

"The video recording and distribution of an assault on a schoolgirl with a camera phone is a notorious example of the threat which child pornography poses for our children," Lightbourne told the Senate. "There are also reports of a thriving market for locally-made videos of children performing explicit sexual acts, some of which were captured using cell phone cameras as well as imported DVDs and other material containing child pornography."
She said that while the Bill was being passed to protect the country's children, it was also to fulfil Jamaica's undertakings under the Convention on the Rights of the Child which Jamaica signed and ratified, as well as the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, to which the country is a signatory but has not yet ratified.
Jamaica has also ratified the Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.
Under the Act, persons who knowingly accept benefits - financially or otherwise - from the production of child pornography can face a maximum 20 years in prison or a fine, or both.
Similarly, a person who has possession of, or access to pornographic material and does not promptly take reasonable steps to destroy it, if convicted will be liable to a fine or to imprisonment not exceeding eight years or both.
However, where a person shows that he has not seen, read or listened to the child pornography and had no reasonable cause to suspect that he was in possession of it or had accessed it, he will not be liable.

And persons found guilty of selling, publishing and exposing or offering child pornography to another person in any form or exposing or offering it for acquisition to another person will be liable on conviction on indictment to a fine or to imprisonment for 10 years or both.
During yesterday's debate, Government Senator Hyacinth Bennett voiced concern about the texting - termed 'sexting' by teenagers - of sexually explicit images, usually photographs.
"We must not legalise 'sexting' among adolescents," said Bennett. "If the offender is a child, the Children's Court should deal with it; however, I do not think we should overlook child pornography simply because the offender may be a child. Children must be made aware that child pornography is a crime for which they too can be punished."
Opposition Senator Basil Waite also insisted that since a person convicted under the various offences itemised in the Bill would be considered a sexual offender, the Act should allow for the person to be registered in the Sex Offenders Registry.
Opposition Senator Sandrea Falconer, meanwhile, said the police should be equipped to investigate Internet-based offences. "The police have to become Internet savvy," she said.
Colleague Opposition Senator K D Knight took it a step further.
"We are going to have a problem of enforcement because the police are so hard-pressed dealing with so-called hardcore crime," he said. "I don't think they will devote sufficient time to enforce a law such as this."

Among the issues members of the Upper House wrestled with was whether or not trials should be held in-camera to protect the minors.
Knight, who raised the issue, said it was contradictory that where child pornography was displayed for the purpose of proceedings in a court, the judge has the discretion to clear the court of all except essential persons and questioned why the entire trial should not be in this form.
"The difficulty I have is, ought not these trials to be in-camera? Because oftentimes the child will be a witness. Why would you clear the courtroom to protect a photograph but when you have a child you say fill the courtroom," he said.
Lightbourne insisted, however, that the provision should remain as is since the judge had the discretion as to who should be present in the courtroom at the time when the child should testify.

Monday, July 20, 2009

Ignorance is Bliss, oh boi, from "Tell Me Pastor"

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Homosexuality a medical problem?

Dear Pastor,

I can remember in the 1940s when homosexuality was treated in the United States as a medical problem. There were clinics that gave male hormone injections to male homosexuals because a male homosexual has an excess of female hormones. It, therefore, stood to reason that the male hormone injections would address the problem of hormone imbalance and restore normal behaviour. There was even a case where they had to operate on a male homosexual who has a gland that was producing female hormones. The gland was removed, and the injections that followed cured the patient. There were also clinics for lesbians who had an excess of male hormones, so they were given female hormone injections. If the cause of the problem was psychological, there were treatments available as well, by a qualified psychiatrist specialising in sexual and emotional problems.


wall of silence

In the last five years, I have written to three newspapers to enquire why homosexuality is no longer treated as a medical condition. I was surprised at the wall of silence. My suspicion is that too many men in high places, politicians, businessmen, and church officials, are involved in the corruption of children and young men, who are inexperienced and gullible. These men in positions of authority want to force others to accept homosexuality as normal and they are given the blessing of the church. Such warped thinking does not lead them to see the church as a place of worship; they attend because they hear that "seats are available". God bless you.

O.J., London, England

Dear O.J.,

You are free to express your position. Anybody can attend church. That does not mean that every church accepts homosexuals as members. But no church should have on its doors or on its noticeboard, that homosexuals are not welcome to worship God.

The Bible teaches that whosoever will may come to Christ and such a person experiences regeneration through the blood of Christ that was shed on Calvary's Cross for the remission of sins.

Jesus calls such an experience 'born again'. Everyone needs to be born again, whether he be thief, murderer, homosexual, liar, etc. And the church should not close its doors on such persons when they are born again.

Pastor

Letter to the Gleaner Editor - Religion and society 20.07.09

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The Editor, Sir:

Religion has been one of the most powerful sources of education in any given society, and Jamaica is multiracial, multicultural, multi-religious and even multi-denominational in nature. This has resulted from the fact that people from many nations have migrated here and have brought their cultures along with them.

The concept of multiculturalism then refers to the diverse experiences, traditions and viewpoints of persons existing in a specific community. Most people adhere to their own culture and religion while some assimilation may occur with that of the incoming migrants.

Different interpretation

However, Christian denominations today have developed into massive organised institutions called churches. These churches read the same Bible but interpret it differently to suit their own religious faith. The leaders in expressing themselves, promote their church as the best with the right teachings. These leaders have taken religion to the level of separating the nation into little cells much as a gang leader would. Often one church member will not go to worship in another church other than a branch of his or her own membership. Some worship on a Sunday and others worship on a Saturday.

PROPAGANDA OF DENOMINATIONS

It is only fair that religious leaders put the best foot forward, in trying to sell their religious concepts. However, in a multi-denominational society where there is keen competition to solicit devotees and or converts, there should be a mutual understanding amongst the religious leaders to refrain from belittling, criticising or speaking ill about the beliefs and practices of another religionist.

It is reasonable that religionists should refrain from stepping on the shoulders of another in order to tell the world that one's particular religious belief is the best and only genuine denomination and other religious beliefs and practices are fakes. To adopt such an attitude tends to create ill feelings and animosity among adherents.

I call on all the church leaders to work in the true spirit of religious tolerance in their religious practices to promote goodwill, understanding and peace in a multiracial, multi-religious and multi-denominational society.

I am, etc.,

DEVON KING
mailbox4844@yahoo.com
Kingston 19

Sunday, July 19, 2009

Gay bashing thrives in Jamaica, homosexuality seen as sin

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In this June 13, 2009 photo, a gay Jamaican man shows scars on his back from a near-fatal Oct. 2006 knife attack, inside the offices of J-Flag, a gay-rights activist group, in Kingston, Jamaica. Sherman claims his attackers, calling him Jamaican slang words for gay, targeted him because he is a homosexual, and left him for dead. (AP Photo/David McFadden) (David McFadden, AP / June 13, 2009)

CLICK HERE for PART 2 of the ARTICLE
DAVID MCFADDEN Associated Press Writer

KINGSTON, Jamaica (AP) — Even now, about three years after a near-fatal gay bashing, Sherman gets jittery at dusk. On bad days, his blood quickens, his eyes dart, and he seeks refuge indoors.

A group of men kicked him and slashed him with knives for being a "batty boy" — a slang term for gay men — after he left a party before dawn in October 2006. They sliced his throat, torso, and back, hissed anti-gay epithets, and left him for dead on a Kingston corner.

"It gets like five, six o'clock, my heart begins to race. I just need to go home, I start to get nervous," said the 36-year-old outside the secret office of Jamaica's sole gay rights group. Like many other gays, Sherman won't give his full name for fear of retribution.

Despite the easygoing image propagated by tourist boards, gays and their advocates agree that Jamaica is by far the most hostile island toward homosexuals in the already conservative Caribbean. They say gays, especially those in poor communities, suffer frequent abuse. But they have little recourse because of rampant anti-gay stigma and a sodomy law banning sex between men in Jamaica and 10 other former British colonies in the Caribbean.

It is impossible to say just how common gay bashing attacks like the one against Sherman are in Jamaica — their tormentors are sometimes the police themselves. But many homosexuals in Jamaica say homophobia is pervasive across the sun-soaked island, from the pulpit to the floor of the Parliament.

Hostility toward gays has reached such a level that four months ago, gay advocates in New York City launched a short-lived boycott against Jamaica at the site of the Stonewall Inn, where demonstrations launched the gay-rights movement in 1969. In its 2008 report, the U.S. State Department also notes that gays have faced death and arson threats, and are hesitant to report incidents against them because of fear.

For gays, the reality of this enduring hostility is loneliness and fear, and sometimes even murder.

Andrew, a 36-year-old volunteer for an AIDS education program, said he was driven from the island after his ex-lover was killed for being gay — which police said was just a robbery gone wrong. He moved to the U.K. for several years, but returned to Jamaica in 2008 for personal reasons he declined to disclose.

"I'm living in fear on a day-to-day basis," he said softly during a recent interview in Kingston. "In the community where my ex-lover was killed, people will say to me when I'm passing on the street, they will make remarks like 'boom-boom-boom' or 'batty boy fi dead.' I don't feel free walking on the streets."

Many in this highly Christian nation perceive homosexuality as a sin, and insist violence against gays is blown out of proportion by gay activists. Some say Jamaica tolerates homosexuality as long as it is not advertised — a tropical version of former President Bill Clinton's "don't ask, don't tell" policy for the U.S. military.

Jamaica's most prominent evangelical pastor, Bishop Herro Blair, said he sympathizes with those who face intolerance, but that homosexuals themselves are actually behind most of the attacks reported against them.

"Among themselves, homosexuals are extremely jealous," said Blair during a recent interview. "But some of them do cause a reaction by their own behaviors, for, in many people's opinions, homosexuality is distasteful."

Other church leaders have accused gays of flaunting their behavior to "recruit" youngsters, or called for them to undergo "redemptive work" to break free of their sexual orientation.

Perhaps playing to anti-gay constituents, politicians routinely rail against homosexuals. During a parliamentary session in February, lawmaker Ernest Smith of the ruling Jamaica Labor Party stressed that gays were "brazen," ''abusive," and "violent," and expressed anxiety that the police force was "overrun by homosexuals."

A few weeks later, Prime Minister Bruce Golding described gay advocates as "perhaps the most organized lobby in the world" and vowed to keep Jamaica's "buggery law" — punishable by 10 years — on the books. During a BBC interview last year, Golding vowed to never allow gays in his Cabinet.

The dread of homosexuality is so all-encompassing that many Jamaican men refuse to get digital rectal examinations for prostate cancer, even those whose disease is advanced, said Dr. Trevor Tulloch of St. Andrews Hospital.

"Because it is a homophobic society, there's such a fear of the sexual implications of having the exam that men won't seek out help," said Tulloch, adding Jamaica has a soaring rate of prostate cancer because men won't be screened.

The anti-gay sentiment on this island of 2.8 million has perhaps become best known through Jamaican "dancehall," a rap-reggae music hybrid that often has raunchy, violent themes. Some reggae rappers, including Bounty Killer and Elephant Man, depend on gay-bashing songs to rouse concert-goers.

"It stirs up the crowd to a degree that many performers feel they have to come up with an anti-gay song to incite the audience," said Barry Chevannes, a professor of social anthropology at the University of the West Indies.

Brooklyn-based writer Staceyann Chin, a lesbian who fled her Caribbean homeland for New York more than a decade ago, stressed that violence in Jamaica is high — there were 1,611 killings last year, about 10 times more than the U.S. rate relative to population — but that it is "extraordinarily" high against gays.

RELATED STORY FROM THE WASHINGTON EXAMINER


Sex bill gets nod from Senate

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AFTER 14 years in gestation, the Sexual Offences Bill covering all forms of sex crimes was on Friday passed by the Senate with 28 amendments.
Debate on the Bill, which will repeal the Incest (Punishment) Act and several provisions of the Offences Against the Person Act, began in 1995 when the Offences Against the Person (Amendment) Bill and the Incest (Punishment Amendment) Bill, covering rape, incest and other sexual offences were tabled and referred to a Joint Select Committee. The committee, however, failed to find common ground on several amendments, and the bills fell off the Order Paper of the House at prorogation.

The bills remained stagnant until they were retabled in 2006 by AJ Nicholson, the then Leader of Government Business in the Senate and Attorney General under the People's National Party Administration. They were then referred to another Joint Select Committee whose report also fell off the Order Paper prior to the 2007 general election, which the Jamaica Labour Party won.
Debate on the Bill, which resumed with the new session of Parliament, was "painful and troubled", ending on numerous occasions with House members at odds with each other.In closing the debate on the Act on Friday, Leader of Government Business in the Senate Attorney General and Justice Minister Senator Dorothy Lightbourne narrowly avoided the familiar furore when, in tabling and apologising for the late arrival of the amendments, she responded to criticisms levelled last week by the Opposition.

The Opposition at the time had said not enough care was being taken with respect to the pre-parliamentary process for bills, leading to poorly drafted provisions which left them to play a 'quality control role' and also argued that partisan views were seeping in.
Tempers flared when Lightbourne classified concerns by Nicholson, the Leader of Opposition Business in the Senate as "foolish and nonsensical", and boiled over when Senator KD Knight responded, describing Lightbourne's approach to the concerns as "idiotic".
"Up until the year 2007, for the past 18 years - despite having persons who really considered themselves brilliant minds - the Ministry of Justice really suffered from a lack of leadership, it suffered from poor laws, backlog in our Courts, a poor justice system and so for the last two years we have been trying to fix it," Lightbourne said on Friday.

Knight then stood on a point of order, but Lightbourne refused to yield.

"I will not yield Mr President," she said.
President of the Senate Oswald Harding, who was also severely criticised last week for his handling of affairs in the chamber, however, stood his ground."Just a moment Madame Minister, I wish to hear what he has to say".
An evasive Knight while questioning whether the amendments were additional or those which had been earlier suggested, slipped in a parting shot."May I say honourable minister that I think Jamaica and hopefully the region, and hopefully by now the world, must by now recognise the remarkable transformation of the justice system since the advent of the leadership of this minister".

He was prevented from commenting further by Harding.
"You wanted to ask a question and I accepted, it's not a debate, the minister is closing," Harding said decisively.Debate on the Bill was concluded without further incident, with senators on both sides working in tandem in consensual and even cordial tones that were devoid of the customary bitter sparring. Among the issues senators grappled with in the final stages was whether minors who engaged in sexual acts should be held criminally responsible given the fact that the age of consent is 16 years old. Lightbourne, in responding to the concerns, said intercourse among minors could not be legalised at this time. She added that the ministry was in the process of developing a trial diversion programme. She said the dilemma should be dealt with under the provisions for juvenile delinquency for the time being.

Under the Act, sexual intercourse refers solely to penetration of the vagina by the male organ. Carrying out that act forcibly constitutes rape. A separate offence - Grievous Sexual Offence - has been created to deal with circumstances where the offender either penetrates the vagina or anus of the victim with a body part other than the penis or with an object or forces another person to do so to the victim. This distinction is a direct attempt to keep buggery, which is punishable in Jamaica with up to 10 years in jail at hard labour, an offence.

The Sexual Offences Bill provides for, among other things:
. a statutory definition of rape;
. the abolition of the common law presumption that a boy under 14 years old is incapable of committing rape;
. protecting the anonymity of the complainant; and
. for the offence of rape to be gender-neutral meaning it can be committed by either male or female and against both male and female.

It also sets out the circumstances under which a spouse who has sexual intercourse with the other spouse without the spouse's consent will commit the offence of rape.
Ironically, the Bill was passed by the Lower House in March of the last Parliamentary year with only six amendments. The reworked provision will now be sent back to that Chamber before being gazetted and made enforceable in the near future.
END.

Note: nearly every article produced on the bill seems to overlook that anal sex or homosexuality was even discussed or factored in the debate. The definition of sexual intercourse doesn't recognise anal sex as such.

Saturday, July 18, 2009

Senate passes amendments to the Sexual Offences Bill

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The senate passed the Bill (16/07/09)to amend the Sexual Offences Act with 28 amendments.

The passage followed rigorous debate in the Upper House for more than three weeks.

During this morning’s sitting, Justice Minister Dorothy Lightbourne morning drew the ire of Opposition Senators after she accused former justice ministers K.D. Knight and A.J. Nicholson of failing to provide effective leadership of the justice portfolio.

Senator Lightbourne was hard put to explain why prepared modifications on the Sexual Offences Bill were not submitted to the Senate in a timely manner.

Senator Lightbourne launched a verbal attack on the former Justice Ministers who served during the People’s National Party administration over the 18 year period.


However opposition Senator KD Knight would not allow the Justice Minister’s comments to pass.

Despite Senator Lightbourne’s resistance to Senator Knight’s intervention, he was given the green light by the President of the Senate, Oswald Harding to respond.

Senator Lightbourne later apologized for her ministry’s tardiness.

The proposed statute now gives a definition of rape, as none existed in the Offences Against the Person Act, which covered sexual offences.

The Bill also makes provision for a range of new types of sexual offences, which are not covered under the new definition of rape and makes marital rape a criminal offence.

The amendments deal with, among other things, sexual violations of persons suffering from mental disorders and allowing convicted sex offenders to apply to the court to terminate his or her registration.

Another change seeks to protect victims of sexual offences, and witnesses, from having their names and addresses disclosed in the media.

The Bill, which was passed in the House of Representatives on March 31, seeks to amalgamate various laws relating to incest and other sexual offences.

It also includes provision for a Sex Offenders Registry and a Sex Offenders Register to monitor offenders.

Thursday, July 16, 2009

Asylum request legit or not?

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Lesbian pleads against deportation to Jamaica

A Jamaican woman who has been convicted for dealing in illegal drugs by a British court has asked that country's immigration department not to deport her because she is a lesbian and would be persecuted if sent back to her homeland.
The Evening Standard reported that in 2005 the unnamed woman was convicted for supplying 'class A' drugs and sent to prison, where she allegedly entered into lesbian relationships with fellow inmates.

However, UK immigration officials believe the woman's excuse was a ruse to avoid deportation.
Jamaican gays have in the past been granted asylum in the United Kingdom as well as the United States after telling immigration officials that they would be attacked because of the island's high rate of homophobia.
However, the majority of gays in Jamaica who have met violent deaths are usually victims of crimes of passion - killed by jealous lovers.
end.
H: The last sentence disturbs me in this piece, it seems to be the reason for publishing this article. Many other cases I am aware of are similar to this one, there are usually "fake" gays and lesbians who play roles in order to win their asylum cases in the UK. But to say that gays who are killed because of jealous lovers predominantly is wrong. The UK authorities seem to be out of touch with reality as many killings that have occurred in Jamaica on the face of it have a different reason but if truth be told the real underlying reasons will appear. However the "fake" gay roles problem in detention or holding centres in the UK immigration system makes it difficult for genuine homophobic abusers who really need the help to be processed hence the bias that seems to come across as hinted in the article "UK immigration officials believe the woman's excuse was a ruse to avoid deportation."

I am aware of a case recently where a UK Judge commented to a "masculine" gay Jamaican that he is not "camp" enough to be gay so his appeal was turned down. As I have tried to explain to persons that asylum is not a be all and end all unless you really are in serious danger then it should be considered and providing you have good evidence to prove the reason for the application. Items like police report(s), pictorial evidence if battering took place - bodily and personal effects and witnesses are some of the things required.
wat unu think?
H

Tuesday, July 14, 2009

Bisexual woman struggles with identity (Flashback)

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SHARON ADAMS (name changed to protect identity) is fighting an inner battle with herself. Good looking, impressionable and extremely bright, she has never been able to maintain a meaningful relationship, at least not with men.
"I have been in a number of relationships, several, I guess you could say, high profile ones too," she explained, her eyes hardly wanting to make contact. "There was this one guy that I thought I was really going to marry but like the other relationships I have had, that one too fell by the wayside."

Adams explained that she has always found herself admiring women but justified it by saying that she was simply an admirer of beautiful things. "That was my way of rationalizing it," she continued. "I have had these kinds of feelings since about age 12 but I never considered them strange or abnormal."

Adams, now 29 and "deeply involved" with another woman three years her senior, "the most satisfying lover I have ever had," she explained, said she came face to face with her own sexuality five years ago but is still not sure if she is on the right pathway.

"I know this sounds crazy but I really want to get married to a man and have children," Adams confessed. "I love women for the sex and men for the companionship, I suppose. This is something that most bisexuals probably go through."

Adams, who lives by herself, said that she met her present companion at a party in 1996 and that they "instantly hit it off". She noted that their relationship blossomed over the years and to the point where they are now inseparable. "I am totally at peace, at least that's how I feel, whenever I am with her," Adams added. "I never thought it was possible to feel this good in bed."

Adams, though, said that the yearning for children and having a stable family life is haunting her. "This is what my lover cannot give me," she said. "I know I love her but I want more. Life has to be more than sex which is probably what has been keeping me in this relationship."

When asked to explain the contradiction, she responded, somewhat agitatedly, "I know what I just said. I love her because she makes me happy and is also good to me. However, what I really want I can only get from a man, does that make me crazy?"

Adams said that she has prayed about her plight and has even sought counselling. She also admitted to be privately seeing one of her old boyfriends whom she described as "the ideal substitute". "We are not sleeping with each other or anything but he provides me with a distraction," she said. "He is an intelligent man who listens more than he talks. I wonder what he would say, though, if he knew my secret."

She noted that she has done a good job in concealing her sexuality from others and added that, "many people would really be taken by surprise."

Adams said that one day she hopes to find total inner peace and has resigned herself to the fact that she has to live her life to "the best of my ability". Adams also noted that the homophobic nature of the Jamaican society has been making life difficult for gays in the country, many of whom she claims have been waging private wars with themselves.

"My situation is very common with other gays in this country," she added. "If only society was just a little kinder, life would be so much easier for all of us. There are homosexuals who have committed suicide because they
couldn't deal with their sexuality.
There are gays in the church who have to sit in congregation after congregation and listen to their pastor blasting homosexuals. The prospects of coming out of the closet are very frightening and which explains why so many gays are so reluctant to go public. To openly declare one's sexuality in today's Jamaica could be the difference between life and death. We have to maintain the faith and keep fighting though."

Sexual orientation: Is there a conclusion? (Flashback)

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By Rev. Stephen-Claude Hyatt
Published July 27, 2001 - Gleaner Special Feature

WE WILL continue to look at the Sociological theory of sexual orientation. This theory is backed by the story of a set of twin boys, one of whom lost his penis during a car accident at infancy. He was grown as a girl and convinced that he was always a girl, and his behaviours, discordant with his actual sex, were concordant with the sex in which he had been raised. Upon critique however, it was discovered that this was not a honest reflection, as the infant was in fact castrated, thus removing the principal androgen source, and was placed on a regimen of female hormones. This made it impossible for scientists to assess the relative contributions of biology and social rearing.

With the absence of this critique, the study of the twins would suggest, as some contend that homosexuality is a learnt behaviour. I guess you could say that they would embrace John Locke's theory of "Tabular Rasa", transferring it to counter the concept of homosexual predisposition (Diathesis-Stress Theory).

It is also suggested that adolescents are vulnerable and easily shaped into heterosexuality or homosexuality, based on their experience during that critical point in development. This social viewpoint suggests that anyone can be made into a homosexual based on his/her experience.

It is also further suggested that sexuality is a continuum with heterosexuality and homosexuality at either ends. Bisexuality is therefore in the middle, hence we all go through a period, even though briefly, of homosexual tendencies, and this determines one's sexual orientation based on Kinsey's study in the 1940's.

According to one journalist, homosexuality is a totally learnt phenomeKnon, and has no biological significance. This journalist posits that homosexuality is due to such learning experiences; for, example, seduction by an older same-sex individual, or being "over-mothered". It is also suggested, though yet to be proven, that boys who grow without their father or a masculine figure around, tend to be more predisposed to becoming homosexuals, than others.

Spiritual theory

The spiritual theory suggests that demon spirits possesses all homosexuals, and the only way to deal with same is through exorcism. This viewpoint is rather intolerant of any form of homosexual behaviour, and is often times condemnatory. According to Errol Hall, noted Jamaican Evangelist, on a Television Jamaica broadcast, all persons who are homosexuals, be they lesbians or gays, are in need of him to lay hands on them and cast out the demons.

This theory is the most subjective of all, as it is not based on any form of research or testing; rather, it is based purely on interpretation of scripture, which varies, as well as feelings, biases, convictions and a need to condemn. Many Church leaders and members hold this viewpoint, and would rather beat the life out of an individual, be it by the tongue or with an object, all under the guise of exorcism and Godliness, than searching for realistic explanations.

In order to support this point, individuals use scripture, in particular the Hebrew Scripture (Old Testament), to support their beliefs and actions. Let me be quick to state that there is nowhere in scripture which supports the practice of homosexuals, nowhere which calls us to be merciful or accommodating. However, there is no verse that stipulates that homosexuality is the greatest and unpardonable sin.

I am not calling for the Church to embrace homosexuality and make it an accepted norm within her walls. However, I am calling for the Church to examine all the possible explanations objectively, and then decide what her role ought to be in the scenario.

Rev. Stephen-Claude Hyatt is guidance counsellor
yahgnosis@hotmail.com

Sexuality and the law

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THE ISLAND'S buggery laws as they relate to homosexuality are outdated and out of sync with the trend that has been developing in other countries, according to local legal experts.

They argue that the law should be amended where two consenting adults should be able to enjoy their privacy without the fear of being prosecuted. There is no law in Jamaica that specifically addresses homosexuality. The Offences Against the Person Act prohibits "acts of gross indecency" (generally meaning that a person can be charged for exposing oneself or for engaging in sexual intercourse in public). Then there is the offence called buggery, which falls under Section 76 of that Act and is defined as anal intercourse between a man and a woman, or between two men.

But where the legal scholars have a problem with the law is that no use of force or denial of consent is required for the commission of the offence of buggery. They also point out that most prosecutions involve consenting adult men suspected of indulging in anal sex. "In all my years as an attorney, I cannot recall seeing a man and a woman engaging in consensual anal sex ever prosecuted for buggery," said Clayton Morgan, president of the Cornwall Bar Association. "The buggery and gross indecency laws basically sanction discrimination against gay men."

Mr. Morgan said that he had successfully defended two clients who were charged for buggery after they were caught naked and in a compromising position. "For a start, the charge was ridiculous," he said. "They were not caught in a public place or in the vicinity of the public. They were two consenting adults minding their own business. The buggery charge, which carries a penalty of up to ten years in prison, was dismissed and they pleaded to the lesser charge of gross indecency. To prove buggery, one has to first prove penetration or run successful tests on blood or semen to show that there was actual intercourse."

Hilaire Sobers, human rights activist and attorney, agreed. According to him, other countries have sought to change their statutes as they relate to homosexuals and Jamaica was lagging way behind. "We see where England have changed the law recently in five of its British colonies and where there is also a global trend at decriminalising homosexuality," Mr. Sobers pointed out. "Our homophobic attitudes do not put us in good stead with the rest of the international community where human rights consciousness is currently a top priority in many countries."

Several months ago, Britain scrapped laws in its five Caribbean territories, acting after legislatures refused to do so. The order from the British Privy Council, which acts as the highest court for the territories, decriminalises homosexual activities between adults in private. The order, which is already in effect, applies to Anguilla, the Cayman Islands, the British Virgin Islands, Montserrat and the Turks and Caicos. The British government had for years attempted to persuade local politicians to repeal the laws in island legislatures. It notes that anti-gay laws in the islands violate human rights agreements signed by Britain.

"Jamaica simply needs to start moving with the times," noted Miami-based Jamaican lawyer, Christopher Adams. "These archaic laws need to be changed where all citizens can be guaranteed full protection under the constitution. Come to think of it, who are we trying to protect? Homosexuality is alive and well in Jamaica and it cuts right across the board. Doctors, lawyers, politicians, musicians, teachers, maybe even your next door neighbour or the guy that sits beside you at church. We need to start dealing with this thing in a mature manner and stop pretending as if we are living in a dream world."

Sexual orientation:Critiquing the theories, looking at the realities

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(taken from the Gleaner series as captioned)

By Rev. Stephen-Claude Hyatt

THOUGH ASPECTS of the various theories have already been critiqued during the past few weeks, there is still need for a general critique and a look at the facts. According to Eloise May in an article, "What the Bible says about homosexuality", scripture has been misrepresented in a bid to condemn homosexuality and homosexuals. May suggested that translations often time gave the wrong interpretation of a text. She highlighted the popular passage in Jude 7.

According to May, Jude speaks of those who 'indulged in sexual immorality and pursued unnatural lust'. The New Revised Standard Version, she tables, has a footnote that says the literal Greek is 'went after other flesh'. The question she asks at this point is - Does other flesh connote not human? I am speechless with respect to this point, may be some theologian knowledgeable in the Greek language can help us here.

The truth is that many may not embrace what May has posited; however, whether it is accepted or not, it is still something we have to grapple with instead of ignore, as this is a fundamental point. This therefore casts doubts on the validity of the interpretation of the Christian scriptures, well anyway, as far as this passage is concerned.

According to the biological viewpoint, it is being suggested that homosexuality is not just a result of conditioning and inculcation, but also a direct result of genetics and heredity. Based on the material presented over the past few weeks, it is being submitted that some people may be born homosexual as a result of genes passed on to them by one or both parents, or a result of happenings in the prenatal stage of development.

INCONCLUSIVE THEORIES

The truth, however, is that many of these biological theories are inconclusive also, and are therefore just as shaky as the spiritual model. The theory posited earlier with respect to the discovery regarding the similarity in brain size, as been seriously challenged. The man described as the one who proved that homosexuality is genetic, ironically is the one refuting this claim. Simon LeVay states categorically, that the test carried out to determine if homosexuality has a gene, has some major flaws.

It was LeVay, a neuroscientist, who conducted the study on the brain of individuals who were professed homosexuals and those who were professed heterosexuals. According to LeVay these flaws are as follows:

(1) In comparing the size of the INAH-3, he presumed that the 16 'heterosexual' males tested were in fact heterosexual. Only two of them denied homosexual activities, while for the rest, their sexual histories were not available;

(2) The volume of the INAH-3 may not be a relevant measure;

(3) When different laboratories measured the four areas of the INAH (including INAH-3), their results conflicted. This means therefore, that at least some of the tests, which were thought to be valid with respect to the biological theory, were misrepresented. How can we therefore be certain of the findings of this or other biological tests, when they also remain inconclusive?

ABNORMALITIES

Another area of concern for me has to do with the cause of abnormalities during the prenatal environment. Why is it that some are born hermaphrodites, some eunuchs, while others are born with other abnormalities, bearing in mind that an abnormality is anything which deviates from the norm? What would we suggest that the sexual orientation or preference of a hermaphrodite should be?

When and how do we determine which is the dominant gender in the individual? It has been noted that some children were considered to be a particular gender, and grown as such, be it male of female, then at puberty it is discovered that there is really more of the other gender present. How do we accommodate the sexual orientation of these individuals, or do we condemn them for something entirely out of their control?

My major concern at this point is that the various theories which have been posited, have all come up wanting. They are all inconclusive with respect to understanding sexual orientation. As far as I am concerned, it would be irresponsible both ways, for us to cast aspersions and judgments about people's sexuality, without first seeking to understand same.

Remember, this is a quest for knowledge, not a means to judge and condemn. We all need each other's views in order to effectively grapple with this issue.

Monday, July 13, 2009

Doc freed of sexual assault charge

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A medical doctor, who went on trial with two other men for an alleged sexual assault on a 23-year-old man, has been freed in the Gun Court.

Dr Dwight Pusey, Paul Wright and Richard Wedderburn, were freed after Supreme Court Judge Marjorie Cole-Smith upheld a no-case submission made by the men's lawyers.

The allegations are that on June 25, last year, the complainant was forced into an apartment near Eltham, Spanish Town, St Catherine, and sexually assaulted by four men.

gun was used

The complainant said that a gun was used during the incident He said one of the men took a gun and hit him in the head.

After the ordeal, the complainant made a report to the police and the three accused were arrested and charged with buggery, indecent assault and grievous bodily harm.

The complainant said he knew the three accused before the incident, but he did not know the fourth man. In his testimony, the complainant said the men used lubrication on him before he was buggered.

no medical evidence

After the Crown closed its case, defence lawyer Anthony Pearson, who represented Dr Pusey, submitted that there were too many discrepancies in the Crown's case. He said medical evidence did not support the complainant's evidence that he was lubricated and buggered. Pearson said no reasonable jury properly directed could convict on that evidence.

Defence lawyers Vincent Wellesley, Marjorie Shaw Currie and Deneve Barnett who represented the other two men adopted the submissions.

The judge upheld the submissions and freed the men. Dr Pusey has another case pending in the Home Circuit Court. 

He is accused of gross indecency and the case has been set for trial on September 17. Dr Pusey's bail was revoked in April because of the allegations. He is now on $150,000 bail with a surety.

Jamaican Homosexuality and Class Issues

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"If you have money in Jamaica and you're able to hide your homosexuality, then you're ok, otherwise you're screwed." - Selena Blake

Out of Many, One People, except gays - Kingston State of Mind Blog

Some of the things said by others giving their point of view (above) I didn't want to duplicate them but truth is constant I guess. Selena's comment above rings the loudest in my head, it is true but then again it's the same "money" syndrome and association with power that has caused the unfortunate demise of many gay men including some powerful persons. Here is how I understand it, Many men in position of power and influence tend to be in a position to grant favours, help or give gifts in return for socialization with other gay or down low men from the lower socio economic class but who are breathtakingly gorgeous and well endowed. This becomes a magnet for them, there may be sexual connections involved as well for money or gifts like expensive clothes and or a foot in for a job. To be seen with beautiful men around you is fashionable from a upper class standpoint as it puts you in a perception of control of the bois.

Affects of homophobic violence
Gay men from the lower strata of society are usually the ones who are most affected by physical violence from other persons including down low men who will do anything to protect their identities. Not all cases of homophobic violence is as it seems on the surface, there is some truth to the "bad man battyman" bad man chi chi or gangsta gays operations as well where if a young man who is the object of affection from one of these gangstas refused his overtures he may find himself publicly humiliated, beaten or chased out of his community with an accusation of being a battyman (gay), an accusation he cannot refute. He may even be killed.

The higher you begin to climb the social ladder the less likely you may become a statistic of what I call direct homophobic violence where one is attacked precisely due to their sexuality and intolerance not as explained above about liaisons gone Arie. Homophobia is everywhere but at this "higher level" it is subtle or passive, it may involve ostracism from the family home, exclusion from a will, overlooked for a job promotion or educational opportunities, denied favours or respect. As subtle as these may be it can lead to horrendous results including suicide as there have been a few cases that I am aware of. The likelihood of a deep fallout and difficult recovery is not as severe as someone from a poor neighbourhood.

All in all rich gays don't get their ass whooped it could be explained as an extension of the "two Jamaicas" syndrome that is spoken of by many including a former Prime Minister Edward Seaga who spoke of the different ways the rich and poor are treated in this country.

Socialization and AdvocacyThe way we socialise as gays is also worrying to me as sometimes people literally snub others if they are not of an certain "ilk" or have certain amenities to their name, a car, an apartment, expensive clothes, a large bank account or lots of cash to treat "friends", a Degree or pursuing one are high marks for you to get in the door for certain events and people, yes this is so in the mainstream but seems more pronounced in our GLBTQ community here.

Advocacy gets affected due to lack of participation and interest as there is a perception that because "we are not one of them" then "that won't happen to me", so there is a care free whimsical attitude towards advocacy and rights regarding GLBTQ issues as many feel far removed from the realities on the ground, I think these are things we need to seriously begin to address to have any formidable cohesive strategy in dealing with our homophobic problem, the us and them structure has to go. Yes social class plays a role in advocacy as far as networking, alliances in high places but cannot become the only basis for our moving forward as a formidable force for rights and freedoms we have to speak as one.

Down low or Bisexuality componentsThe down low phenomenon is very much alive and well and is usually conflicted or omitted in analysing homophobic violence outcomes as I hinted above. Even in the DL world the "two Jamaicas" syndrome has crept in. The visible "out gay men" who are openly effeminate and upper middle class don't get treated harshly by the general public especially if they hold positions of power or money, when it comes to "eating a food" by the thug type men who want favours then it is simply ignored. However if there is a falling out then it becomes prominent again.

"eat a food" (nyam a food) = colloquial term used to coherse or convince a person for some type of gift, monetary or in kind.
There are well known cases where such girly gay men are owners of businesses or have political connections who will have rowdy thugs surrounding them everyday to run errands, play the fool if needed to so as to benefit from the spoils and money, while the gay men will use the gay thugs for protection and profiling to see who can have "real men" around them. In the Jamaican scenario real men are generally defined as thug type low waist wearing jeans, corn row hair, ganja smoking type males who are loud, rowdy and do not display effeminate type actions. However they are metro sexual in dress with bleached faces and earrings, manicured nails, expensive brand named clothing and jewellery. This high maintenance male will covertly or openly in some instances associate themselves with known gay men to gain money etc to keep up appearances.

Many of these thugs have "baby mothers" in the various depressed communities from which they originate and they send some of the monies and gifts earned from gay related activities to support their families, the strangeness about this arrangement is that though many men engage in this kind of reciprocal set up if they are to be found out that this exists it may have many outcomes. The more entrenched one is as a gangsta in their community the less the backlash for them while others have been forced to relocate locally or overseas as they have been found out to be "bad man chi chi"

bad man chi chi = gay or bisexual gangsta or gunman, usually bisexual and uses his gay connections to support his straight life or himself. Hinted to by Beenieman in a song he did
DOWNLOAD IT HERE

To have such a title over ones head lends itself to a loss of status, friends and even your possessions in the community of your birth and where you are a leader. Such are the rules that this could explain why down low gangstas defend to the ground their positions. If you are just an ordinary thug then you have to "tek weh yuself" or leave with undo haste, it could mean your life or that of your family if they reside in the same community.

In the middle and upper classes the down low protection mechanisms are different, mostly to save face and prestige or image. Many men marry to secure respect from family members and onlookers who expect a well educated male to do so. These men are the ones who take on the bad man chi chi type as they are enticed by the thug metro sexual image.

Some out gay man at this level tends to live alone, unmarried doesn't date and has disposable income that puts him in an unenviable position of allure and attraction from others at his level or below if he socialises.

Just my two cents see more on the "Heaviot" descriptions and stories



Confessions of a homosexual man

H

Sunday, July 12, 2009

Guyana - Sexual Offences Bill Article, 11.07.09

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By Christopher Filed Under Editorial

Sex is the greatest driving force in the animal world and it is strongest among the Homo sapiens. It governs the lives of the lower animals that only mate for the purpose of procreation in most cases.In the case of man, sex is for fun and social scientist contend that man is the only animal that indulges in sex for pleasure. This is why prostitution is such a lucrative trade; it is why both boys and girls pursue each other to the exclusion of every other thing. It is a physiological thing although people have been known to resist the urge all their lives.But there is more to the physiological aspect of sex; there is the superstitious belief that sex with a very young virgin would cure all manner of ailments—from rheumatism to sexually transmitted diseases. And it is here that countries like Guyana, with a tradition of superstition, that young women are abused.There have been countless young women who have been abused and infected as a result of this superstition and their parents either out of shame or poverty, would allow the perpetrator to go scot free.


It may be that increasing access to the media by the wider society is making cases of sexual abuse public. It could be that there was always rampant sexual abuse (cases of incest and the like) but these were never reported to the media, sometimes because entire communities saw the act as their shame.Today, reports of sexual abuse, particularly of young girls, abound in Guyana. The courts are full of cases to the extent that each day the daily newspapers carry such reports. In some cases, the abuser is as old as 60 as was the case of the man who subsequently committed suicide just ahead of his trial in the High Court.For reasons best known to the framers of the previous laws, the charge of rape was only confined to men and then, only if the victim and the man were not married. The law stipulated that a husband could not rape his wife so the worst that could have happened to him was a charge of sexual assault.The laws are about to change and it is almost certain that the protest mounted by a number of organisations had an impact. These groups took to the streets outside Office of the President, calling for an amended legislation that would not only go a long way toward curbing the spate of sexual assaults, particularly against young girls.



What we would like to see is prosecution against parents who seek to accept compensation for assault against their daughters. As things stand, the state is hard pressed to prosecute when a parent decides to withdraw his or her co-operation.All too often this has been the case and the man is allowed to go free to continue safe in the knowledge that he could always compensate his victim for her forced sexual activity. Women, who until now, cannot be charged for rape will; now not be so exempt. They can be charged for raping another woman or a male.None, unless one is a victim, can understand the trauma and the laws are designed to curb any activity that would see women sexually abused. These laws have been long in coming and their presence will certainly bring this country up to modern times and in line with other countries.Already there is talk of paper committals in certain cases, particularly those dealing with sexual abuse. This merely avoids the victim having to stand in open court at the preliminary inquiry and again in the High Court to repeat a most horrific experience.



Then there is the case of the older woman abusing a very young boy. People believe that since the male is supposed to be the instigator and initiator of the sex act then a male cannot be abused. They are wrong and the law is about to make the wrong stand out.But perhaps the most important aspect of the legislation would be its ability to curb the practice of older men, having encouraged a young girl to abscond, take her into his abode.The age of consent is sixteen but far too often, children as young as eleven and twelve, now beginning to feel the tug of their sexuality, respond to the simplest of request and are made to forget that they have the right to grow up. In short, the law will allow children to be children and to grow naturally.

Saturday, July 11, 2009

Pastor accused or molesting boys given suspended sentence + my two cents

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Pastor Donald Stewart, who was convicted of sexually molesting several boys under his care at the Swift Purcell Boys Home in St. Mary, was given an 18 month suspended sentence on Friday when he appeared before the St. Mary Circuit Court.


The sentence was suspended for 12 months, which means that the pastor will go to prison for 18 months if he commits another offence within the year.On Tuesday a jury convicted Pastor Stewart, who was the manager of the boys' home on two counts of indecent assault.

However, he is not out of the woods as yet as he is scheduled to appear in the Home Circuit Court on November 16 to answer to 30 counts of indecent assault and buggery. Pastor Stewart was arrested and charged in April last year by members of CISOCA - The Centre for the Investigation of Sexual Offences and Child Abuse following allegations that he sexually molested several wards of the state at the home.

The case sparked outrage from human rights groups when it came to light.One such group, Jamaicans for Justice, lamented that enough was not being done to protect the welfare of children.

end

Comment: well it is stories like these that make the public in general angry and then make it worse for the image of gay men, making all of us into alleged paedophiles. Sad for a pastor who is in a position of trust to have such large number of charges hanging over his head. I wonder why a suspended sentence though? maybe there was a lack of evidence to prove buggery actually occurred as is customary in most buggery cases I am familiar with here in Jamaica. The prosecution often times is not able to substantiate a proper medical doctor's report which is required as exhibits and submitted into evidence.

I am of course going off my own experience however having being improperly charged with buggery 13 years ago and the subsequent 2 1/2 year drawn out preliminary hearings and absent prosecution/arresting officers to prove the case in court, my case was eventually suspended sine die - Adjournment sine die (from the Latin "without day") means "without any future date being designated for resumption" or "indefinitely". In our jurisdiction the state can reopen the case within seven years after a sine die ruling failing that it has to be closed.

The doctor's report usually calls for certain consistencies:
1) spermatozoa cells must match the accused buggerer
2) the passive partner excretory orifice must be proven by a doctor's examination to be loose via penetration (inwards)
3) If condoms were used, then they can be tested and submitted into evidence as well
and other unmentionables.

I will research this further to bring an expert opinion for the kinds of procedures involved in a buggery trial.

H

Friday, July 10, 2009

Guyana - Sexual Offences Bill Tabled

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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…”

The bill also proposes to amend the law with respect to rape and marriage. Section 37 specifically states that a marital or other relationship, previous or existing, is not a defence to a charge of any offence under the bill. Currently, a husband could not be found guilty or raping his wife, but this new bill seeks to change that.

Also, the bill abolishes the presumption that a male under 14 years of age is incapable of sexual intercourse as stated in Section 38.

The issue of consent is also being considered with the bill saying that consent cannot be inferred by reason of sexual arousal and that belief in consent is not a defence. As regards children and vulnerable adults, “unless expressly stated in any of the offences, it is not necessary for the prosecution to prove that the complainant did not consent”.

Positions of trust

The bill creates new offences relating to positions of trust specifically targeting children and persons with mental disorders. Sections 25-27 deal with persons in position of trust regarding certain vulnerable adults–persons with mental disorders.

The new offence of breach of relationship of care is with a view to prohibiting sexual activity between those in position of authority care relationships or in custodial contexts such as hospitals, care homes, police stations and prisons and the people they look after. The aim is to protect vulnerable adults from exploitative behavior cased by familiarity with the carer.
Section 19 addresses abuse of a position of trust with regard to children and includes carers in children’s homes and orphanages as well as social workers, probation officers, coaches, instructors, baby sitters, child minders and others.

The offence of an abuse of a position of trust carries a fine of $1 million and imprisonment for five years on summary conviction; on conviction of indictment, imprisonment is for ten years. The penalty is the same for persons who are found guilty of engaging, causing or inciting sexual activity with a person with a mental disorder.

The bill states that the offence ‘sex with an adult relative’ will cover sexual activity between certain adult blood relatives — parent, child, sibling, grandparent and grandchild.

Further, Sections 28-31 include a gender-neutral offence of indecent exposure relating to the indecent exposure of both male and female genitalia in circumstances where the accused intended to cause or where it was reasonably likely that the behaviour would cause alarm or distress.

Special measures

The bill introduces special measures to assist complainants to give evidence in sexual abuse cases when they appear in court, and judges will be obliged to order the use or one or more of the measures in all sexual offence cases unless the complainant requests to give evidence unassisted. One of the measures includes a screen or other arrangement preventing the accused from seeing the complainant.

Other measures in Sections 58, 59 and 60, include allowing children to give evidence by video-link through an intermediary, use of anatomically correct dolls, allowing written evidence where the child is prevented from testifying, and allowing hearsay evidence to build up a circumstantial case where the child cannot testify.

Section 61 allows the complainant to make a “victim impact statement” at the hearing of a bail application, as well as after conviction but before sentence and the court is obliged to take this into consideration when making a decision in those circumstances.

The bill also proposes an end to the practice of accused persons cross-examining complainants. According to the explanatory memorandum, “Recognising the trauma caused to victims who are forced to face the questions from the person those victims claim have caused them pain and injury, clauses 62 to 65 disallow the accused from cross-examining in person the victim of an offence charged under this Act as well as the witnesses who were at the time of the commission of the offence, children”.

Police investigations
Amid continuing concerns about the approach of the Guyana Police Force to reports of sexual violence the bill seeks to make it mandatory for the police, where a report of sexual violence is made, to investigate the matter promptly and either charge the accused or forward the file to the Director of Public Prosecutions within three months.
Section 41 (3) of the bill states that failure by the police to comply constitutes neglect of duty by the commander of the division of the force in which the report was made and he/she shall be liable to answer disciplinary charges.
Section 42 (1) and (2) speaks of the complainants and the new rights afforded to them.
“Where a report is made of an offence under this Act, at no point during the investigation shall the complainant be required to recount the complaint or any part thereof, in the presence of the accused. The complainant shall not be required to view or be in the presence of any person referred to in the complaint as having perpetrated any offence under this act save for the purposes of an identification parade…”
It states that such an ID parade could only be conducted by way of audio visual link, a two-way mirror or any other manner sensitive to the complainant’s well-being.

Bail
As it relates to bail the law is reversing the policy of the court considering certain factors before bail is granted where the charge is a child sex offence or where the accused had a previous conviction of any sexual offence stating that “it shall be the accused who has to satisfy the court that it is in the interest of justice for him to be granted bail”.

Wednesday, July 8, 2009

Nanny Goat neva cratch him back till him si wall (REPOST)

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This proverb means that we should always wait for the perfect timing to do something. Most times that is easier said than done especially when in the meanwhile we go through twitching, itching and major discomforts.

Today we ware reminded that there is a Perfect Time for any and everything. That Perfect Time is God’s Time. Too many times we do things and not wait for that Perfect Timing causing massive delays, nervous moments and unnecessary anxieties in all our lives.

If we take notice of the trees, fruits and even animals, they too have their individual times. Take for instance the ackee that we as Jamaicans love so very much. If that is eaten before it naturally and fully opens up, it can be poisonous. Trees too have a time when they bring forth fruit, flowers and or just simply mature. All done in Perfect Timing.

We know that there are many things to be done and we want them to be accomplished soon, especially when it will make life better for us gays and lesbians in Jamaica. But if we don’t wait for the Perfect Time to move towards such things, then years of planning and years of accomplishment would be gone and then lost forever.

We’ve always heard that for everything there is a time and a season, for everything there is a place under the sun. We need to be patient and not do anything to stop our progress. It may seem long but we will get there.

Yes, it is hard to be gay or lesbian in Jamaica but we can’t get ahead of our selves and ignore Perfect Time, God’s Time in which to move forward with our ultimate plans of making Jamaica a safer place for the entire gay, lesbian, bisexual and transgender community.

Nanny Goat neva cratch him back till him si wall. Wait, I say on Perfect Time.

Prayer

God, help us to see when it’s your time, Perfect Time. Open our eyes, ears and mind so we may be able to use them to our advantage and in harmony with this Perfect Time.

Help us to never to miss out on our opportunities. In Christ name I pray amen!

Lorenzo Martin
Lorenzo262003@yahoo.com

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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.

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Other Blogs I write to:

Recent Homophobic Incidents CLICK HERE for related posts/labels from glbtqjamaica's blog & HERE for those I am aware of.

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APJ Website Launch & Link


Aphrodite's P.R.I.D.E Jamaica, APJ launched their website on December 1 2015 on World AIDS Day where they hosted a docu-film and after discussions on the film Human Vol 1




audience members interacting during a break in the event


film in progress

visit the new APJ website HERE

See posts on APJ's work: HERE (newer entries will appear first so scroll to see older ones)

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


The selectivity of the anti gay religious voices on so called societal ills is examined in this podcast as other major issues that require the "church" to have spoken up including sexual abuse by pastors in recent times yet mere silence on those matters is highlighted.

Why are these groups and so called child rights activists creating mass hysteria and have so much strength for HOMOSEXUALITY but are quiet on corruption in government, missing children, crime in the country and so much more but want to stop same gender loving persons from enjoying peace of mind and PRIVACY?

Also is the disturbing tactic of deliberately conflating paedophilia with same gender sex as if to suggest reforming the buggery law will cause an influx of buggered children when we know that is NOT TRUE.

MSM/Trans homeless - From gully to graveyard



When are lives interrupted be allowed a real honest chance to move from interruption to independence and stability? I just cannot tell you friends.

An article appeared in the gleaner today that just sent me into sadness mode again with this ugly business of LGBTQI homelessness. The author of the piece needs an intervention too as he (Ryon Jones) uses terms such as cross dressers and or homeless men which if transgender persons are present they cannot be described or seen as such, sigh another clear display of the lack of impact and reach of so called advocacies and advocates who are more interested in parading as working but really aint having much impact as they ought to or claim.

We are told of houses being put together from time in memorial; the Dwayne’s House project seems dead in the water, the Larry Chang (named after a JFLAG cofounder) seems stuck in the mud and Colour Pink’s so called Rainbow House seems insignificant in relation to the size and scope of the national problem. JFLAG as presented on this blog is obviously not interested in getting their hands dirty really on homelessness save and except for using the populations as cannon fodder and delegating same; as far as I am concerned presenting them as victims of homophobia which is true but where are the programs and the perceived millions donated or granted since President Obama’s visit to address LGBTQ matters?

More HERE

Dr Shelly Ann Weeks on Homophobia - What are we afraid of?


Former host of Dr Sexy Live on Nationwide radio and Sexologist tackles in a simplistic but to the point style homophobia and asks the poignant question of the age, What really are we as a nation afraid of?


It seems like homosexuality is on everyone's tongue. From articles in the newspapers to countless news stories and commentaries, it seems like everyone is talking about the gays. Since Jamaica identifies as a Christian nation, the obvious thought about homosexuality is that it is wrong but only male homosexuality seems to influence the more passionate responses. It seems we are more open to accepting lesbianism but gay men are greeted with much disapproval.

Dancehall has certainly been very clear where it stands when it comes to this issue with various songs voicing clear condemnation of this lifestyle. Currently, quite a few artistes are facing continuous protests because of their anti-gay lyrics. Even the law makers are involved in the gayness as there have been several calls for the repeal of the buggery law. Recently Parliament announced plans to review the Sexual Offences Act which, I am sure, will no doubt address homosexuality.

Jamaica has been described as a homophobic nation. The question I want to ask is: What are we afraid of? There are usually many reasons why homosexuality is such a pain in the a@. Here are some of the more popular arguments MORE HERE

also see:
Dr Shelly Ann Weeks on Gender Identity & Sexual Orientation


Sexuality - What is yours?

The Deliberate Misuse of the “Sexual Grooming” Term by Antigay Fanatics to Promote Their Hysteria



Just as I researched on-line in NOT EVEN five minutes and found a plethora of information and FACTS on Sexual Grooming (and thanks to Dr Karen Carpenter for some valuable insight I found out what Sexual Grooming was) so too must these fanatics go and do the same and stop creating panic in the country.

The hysteria continues from the Professor Bain so called protests to protect freedom of speech and bites at the credibility of the LGBT lobby collectively continues via Duppies Dupe UWI articles when the bigger principle of the conflict of interest in regards to the greater imperative of removing/preserving archaic buggery laws in the Caribbean dependent on which side one sits is of greater import when the professor’s court testimony in Belize went against the imperative of CHART/PANCAP goals is the more germane matter of which he was former head now temporarily reinstated via a court ex-parte injunction. The unnecessary uproar and shouting from the same hysterical uninformed quarters claiming moral concerns ....... MORE CLICK HERE

also see if you can

JFLAG Excludes Homeless MSM from IDAHOT Symposium on Homelessness



Reminder

In a shocking move JFLAG decided not to invite or include homeless MSM in their IDAHO activity for 2013 thus leaving many in wonderment as to the reason for their existence or if the symposium was for "experts" only while offering mere tokenism to homeless persons in the reported feeding program. LISTEN TO THE AUDIO ENTRY HERE sad that the activity was also named in honour of one of JFLAG's founders who joined the event via Skype only to realize the issue he held so dear in his time was treated with such disrespect and dishonor. Have LGBT NGOs lost their way and are so mainstream they have forgotten their true calling?

also see a flashback to some of the issues with the populations and the descending relationships between JASL, JFLAG and the displaced/homeless LGBT youth in New Kingston: Rowdy Gays Strike - J-FLAG Abandons Raucous Homosexuals Misbehaving In New Kingston

also see all the posts in chronological order by date from Gay Jamaica Watch HERE and GLBTQ Jamaica HERE

GLBTQJA (Blogger): HERE

see previous entries on LGBT Homelessness from the Wordpress Blog HERE

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

Vacant at Last! ShoemakerGully: Displaced MSM/Trans Persons were is cleared December 2014





CVM TV carried a raid and subsequent temporary blockade exercise of the Shoemaker Gully in the New Kingston district as the authorities respond to the bad eggs in the group of homeless/displaced or idling MSM/Trans persons who loiter there for years.

Question is what will happen to the population now as they struggle for a roof over their heads and food etc. The Superintendent who proposed a shelter idea (that seemingly has been ignored by JFLAG et al) was the one who led the raid/eviction.

Also see:

the CVM NEWS Story HERE on the eviction/raid taken by the police

also see a flashback to some of the troubling issues with the populations and the descending relationships between JASL, JFLAG and the displaced/homeless GBT youth in New Kingston: Rowdy Gays Strike - J-FLAG Abandons Raucous Homosexuals Misbehaving In New Kingston

also see all the posts in chronological order by date from Gay Jamaica Watch HERE and GLBTQ Jamaica HERE

GLBTQJA (Blogger): HERE

see previous entries on LGBT Homelessness from the Wordpress Blog HERE


May 22, 2015, see: MP Seeks Solutions For Homeless Gay Youth In New Kingston


New Kingston Cop Proposes Shelter for Shoemaker Gully LGBT Homeless Population




Superintendent Murdock

The same cop who has factored in so many run-ins with the youngsters in the Shoemaker Gully (often described as a sewer by some activists) has delivered on a promise of his powerpoint presentation on a solution to the issue in New Kingston, problem is it is the same folks who abandoned the men (their predecessors) from the powerful cogs of LGBT/HIV that are in earshot of his plan.

This ugly business of LGBTQ homelessness and displacements or self imposed exile by persons has had several solutions put forth, problem is the non state actors in particular do not want to get their hands dirty as the more combative and political issues to do with buggery's decriminalization or repeal have risen to the level of importance more so than this. Let us also remember this is like the umpteenth meeting with the cops, some of the LGBT homeless persons and the advocacy structure.

Remember JFLAG's exclusion of the group from that IDAHO symposium on LGBT homelessess? See HERE, how can we ask the same people who only want to academise and editorialise the issue to also try to address their own when they do not want to get their hands dirty but publish wonderful reports as was done earlier this month, see HERE: (re)Presenting and Redressing LGBT Homelessness in Jamaica: Towards a Multifaceted Approach to Addressing Anti-Gay Related Displacement also LGBT homelessness has always been with us from the records of Gay Freedom Movement(1974) to present but the current issues started from 2009, see: The Quietus ……… The Safe House Project Closes and The Ultimatum on December 30, 2009 as carried on sister blog Gay Jamaica Watch. CLICK HERE for FULL post of this story.

Gender Identity/Transgederism Radio discussion Jamaica March 2014





Radio program Everywoman on Nationwide Radio 90FM March 20th 2014 with Dr Karen Carpenter as stand-in host with a transgender activist and co-founder of Aphrodite's P.R.I.D.E Jamaica and a gender non conforming/lesbian guest as well on the matters of identity, sex reassignment surgery and transexuality.

CLICK HERE for a recording of the show

BUSINESS DOWNTURN FOR THE WEED-WHACKING PROJECT FOR FORMER DISPLACED ST CATHERINE MSM



As promised here is another periodical update on an income generating/diligence building project now in effect for some now seven former homeless and displaced MSM in St Catherine, it originally had twelve persons but some have gotten jobs elsewhere, others have simply walked away and one has relocated to another parish, to date their weed whacking earning business capacity has been struggling as previous posts on the subject has brought to bear.

Although some LGBT persons residing in the parish have been approached by yours truly and others to increase client count for the men costs such as gas and maintenance of the four machines that are rotated between the enrolled men are rising weekly literally while the demand is instead decreasing due to various reasons.



Newstalk 93FM's Issues On Fire: Polygamy Should Be Legalized In Jamaica 08.04.14



debate by hosts and UWI students on the weekly program Issues on Fire on legalizing polygamy with Jamaica's multiple partner cultural norms this debate is timely.

Also with recent public discourse on polyamorous relationships, threesomes (FAME FM Uncensored) and on social.


What to Do .....




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.

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

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Thanks for your Donations

Hello readers,

thank you for your donations via Paypal in helping to keep this blog going, my limited frontline community work, temporary shelter assistance at my home and related costs. Please continue to support me and my allies in this venture 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 while raising more real life issues pertinent to us.

Donations presently are accepted via Paypal where buttons are placed at points on this blog(immediately below, GLBTQJA (Blogspot), GLBTQJA (Wordpress) and the Gay Jamaica Watch's blog as well. If you wish to send donations otherwise please contact: glbtqjamaica@live.com or Tel: 1-876-841-2923 (leave a message just in case)




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, temporary shelter(my home) and otherwise

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

Thanks again
Mr. H or Howie

Tel: 1-876-841-2923
lgbtevent@gmail.com








Peace

Battle Lines Javed Jaghai versus the state & the Jamaica Buggery Law



Originally aired on CVM TV December 8th 2013, apologies for some of the glitches as the source feed was not so hot and it kept dropping from source or via the ISP, NO COPYRIGHT INFRINGEMENT INTENDED and is solely for educational and not for profit use and review. The issue of the pending legal challenge in the Constitutional Court in Jamaica as filed by Javed Jaghai an outspoken activist who happens also to be openly aetheist.

The opposing sides are covered as well such as
The Jamaica Coalition for a Healthy Society
The Love March
Movement Jamaica

The feature seems destined for persons who are just catching up to the issues and repositioning JFLAG in particular in the public domain as their image has taken a beating in some respects especially on the matter of the homeless MSM front. They need to be careful that an elitist perception is not held after this after some comments above simplistic discourse, the use of public agitation as beneath some folks and the obvious overlooking of the ordinary citizen who are realy the ones who need convincing to effect the mindset change needed and the national psyche's responses to homosexuality in general.


John Maxwell's House