A repost from
GLBTQ Jamaica (The WordPress Edition)So on Saturday last January 8th a report that a man had to beat a hasty retreat in the downtown Kingston area after a cruising attempt went wrong as the intended target turned out to be not as he anticipated was true I have since gathered that a small mob was hastily put together by the man (the target of the cruiser) from the nearby rural municipal bus park as there are major works being done in that section of downtown Kingston with the new bus park being hastily put together beyond the old park.
The downtown area like most other urban centers is a haven for "catching something" for a quickie or some outdoor action for the more daring MSMs around. Sadly many of these cruisers are not your average gays who frequent gay parties, clubs, interested, exposed or involved in advocacy typed activities or issues hence the actions go unnoticed or grossly underreported as incidents as the persons involved simply move on.
Between Sunday afternoon and up to last evening some of the guys were sufficiently upset at the news of this near miss in downtown that they decided to link all the known cruisers across the downtown and uptown regions and those they could identify to alert them to be cautious, I was quite pleased by this action towards preservation of self showing us that there can be on the ground networking outside of us worrying about persons putting themselves at risk. It is the heightened sense of awareness of their surroundings that was the reason where a recently murdered cross dresser in Kingston ignored when warned by the more experienced heads in the business, bearing in mind this set of cruisers are of a different identity as they operate in stealth and are not easily identifiable as gay as they bear no characteristics of the stereotypes to those of their cross dressing counterparts, for sure some formal work however is needed to engage this mostly invisible group that is not to say other gay and bisexual men do not employ cruising especially given our starchy homo negative environment towards open displays of same sex affection. This particular group of cruisers though that I write of are the more daring and brazen ones who go to the weirdest of spots for hookups and are not into other ways of same sex attracted social behaviours.

The population to my surprise consists of not only MSMs mostly from the lower socio economic levels as is widely assumed but also professionals who prefer a mobile way of "working" for a hookup. Somehow the classes do meet sometimes in a commercial sexual transaction set up, that could probably explain the reasons why the homeless MSMs do indeed garner "business" from not just others at their social standing but way above.
There are some who literally park their vehicles and do enter the "fieldwork" as the others on foot do. One particular mobile individual I am personally familiar with says he prefers cruising than engaging someone in any long introductions or fancy fake chat as a way to impress someone before bedding them. He is just out for fun he would park at a safe distance and space and then work his layout he maps in his head or anywhere is leads to. His success rate is fair he concludes as but he complains he wants to see more "new faces" which suggest repetitive sexual contact with the same targets as they all work within or cross territories. One thing is a common thread amongst those persons I was able to talk to they all suggest there are new faces around who are more open and bold in their approach.
This group is also not to be confused with gay persons who practice exhibitionism or open masturbation in public spaces. That population not only consists of gay and bisexual men but also heterosexuals most of whom know each other and the various spots where the practice is carried out.
Maybe there is some hypocrisy to this on one hand seeing that some persons of an uptown persuasion (in mind but not physical address) are very selective about who they knowingly socialize with I assume peers and the intelligencia who on the face of it seem quite far removed from such decadence yet on the other hand they engage in cruising activities outside their comfort zone albeit the danger and the thrills are usually driving factors for a cruiser coupled with the satisfaction of making the hookup that successful in the middle of danger. That could also explain the reasons why so many high profile cases of gay and bisexual Jamaicans of prominence are found dead in the threshold of their own homes. The issues overlap and one post won't be enough to cover all of it but the Downlow Lifestyles tab as this post is tagged to can begin to help us to unearth some of those concerns.
Certainly this is just touching the surface and we must also realize that not all the information can be shared via the posts on such matters.
Peace and tolerance
H
What to Do .....
When Arrested and taken to a Police Station you have the right to:a. Make a phone call: to a lawyer or relative or anyone b. Ask to see a lawyer immediately: if you don’t have the money ask for a Duty Councilc. 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 youThe following may apply:1) Call 119 or go to the station or the police arrives depending on the severity of the injuries2) The report must be about the incident as it happened, once the report is admitted as evidence it becomes the basis for the trial3) 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 evidence6) The court is guided by credible evidence on which it will make it’s finding of facts7) Bolster the credibility of a case by a report from an independent disinterested party.
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Notes on Bail & Court Appearance issues
If in doubt speak to your attorney
Bail and its importance -
If one is locked up then the following may apply:
Locked up over a weekend - Arrested pursuant to being charged or detained There must be reasonable suspicion i.e. about to commit a crime, committing a crime or have committed a crime. There are two standards that must be met:
1). Subjective standard: what the officer(s) believed to have happened
2). Objective standard: proper and diligent collection of evidence that implicates the accused To remove or restrain a citizen’s liberty it cannot be done on mere suspicion and must have the above two standards
Police officers can offer bail with exceptions for murder, treason and alleged gun offences, under the Justice of the Peace Act a JP can also come to the police station and bail a person, this provision as incorporated into the bail act in the late nineties
Once a citizen is arrested bail must be considered within twelve hours of entering the station – the agents of the state must give consideration as to whether or not the circumstances of the case requires that bail be given
The accused can ask that a Justice of the Peace be brought to the station any time of the day. By virtue of taking the office excluding health and age they are obliged to assist in securing bail
"Bail is not a matter for daylight"
Locked up and appearing in court:
Bail is offered at the courts office provided it was extended by the court; it is the court that has the jurisdiction over the police with persons in custody is concerned.
Bail can still be offered if you were arrested and charged without being taken to court a JP can still intervene and assist with the bail process.
Other Points of Interest:
The accused has a right to know of the exact allegation
The detainee could protect himself, he must be careful not to be exposed to any potential witness
Avoid being viewed as police may deliberately expose detainees
Bail is not offered to persons allegedly with gun charges
Persons who allegedly interfere with minors do not get bail
If over a long period without charge a writ of habeas corpus however be careful of the police doing last minute charges so as to avoid an error
Every instance that a matter is brought before the court and bail was refused before the accused can apply for bail as it is set out in the bail act as every court appearance is a chance to ask for bail
Each case is determined by its own merit – questions to be considered for bail:
a) Is the accused a flight risk?
b) Are there any other charges that the police may place against the accused?
c) Is the accused likely to interfere with any witnesses?
d) What is the strength of the crown’s/prosecution’s case?
Poor performing judges can be dealt with at the Judicial Review Court level or a letter to the Chief Justice can start the process
Human Rights Advocacy for GLBT Community Report 2009
Steps to take when confronted by the police & your rights compromised:
a) Ask to see a lawyer or Duty Council
b) Only give name and address and no other information until a lawyer is present to assist
c) Try to be polite even if the scenario is tense
d) Don’t do anything to aggravate the situation
e) Every complaint lodged at a police station should be filed and a receipt produced, this is not a legal requirement but an administrative one for the police to track reports
f) Never sign to a statement other than the one produced by you in the presence of the officer(s)
g) Try to capture a recording of the exchange or incident or call someone so they can hear what occurs, place on speed dial important numbers or text someone as soon as possible
h) File a civil suit if you feel your rights have been violated
i) When making a statement to the police have all or most of the facts and details together for e.g. "a car" vs. "the car" represents two different descriptions
j) Avoid having the police writing the statement on your behalf except incases of injuries, make sure what you want to say is recorded carefully, ask for a copy if it means that you have to return for it
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