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GLBTQ Jamaica 2011 Summary 02.01.12 (AUDIO)

Wednesday, January 25, 2012

Courage, cowardice and men's health (prostate)

Every now and again Blakka Ellis makes us think as a nation with very good articles pity like his counter part Leighton Levy is limited to the Star News tabloid and ought to have a better platform for them to be seen, no blogs or independent sites are around for both gentlemen at this time, have a read of his take on prostate examination. Who can forget his piece on homo-social behaviours in Jamaica?
with Blakka Ellis

I was sitting in a defenceless position and feeling completely vulnerable. I was nervously gripping the handles of the chair with stiff and sweating hands, as I anxiously arched my back and stiffened my neck in anticipation of mind-shattering physical hurt.

I closed my eyes momentarily in an attempt to zone out and mentally prepare for the horror, and when I opened my eyes again I saw him moving towards me holding a massive and threatening weapon with a long, sharp and shiny point. I wanted to scream, but my ever-present pride reminded me that I'm an adult male and screaming would not be cool. So I recoiled and whispered a soft prayer.

 

periodontal probe

The above description is rather dramatic, isn't it? And it sounds like somebody in a hostage situation involving torture, right? Well it was nothing of the sort. That was actually just me getting some much needed dental attention earlier this week.

The threatening looking 'weapon' was really a harmless little thing called a periodontal probe and when I was about to leap out of my skin, I was gently advised to relax because the dentist done use the thing already, and not only am I still alive, I didn't really feel any pain. But fear is a hell of a thing.

Yes friends, recent moments spent in dentists' chairs have reminded me how fearful I am of doctors generally and dentists especially. Clinics and hospitals are fearsome places. Every piece of equipment seems threatening, and little needle looks like a potential source of excruciating pain. No matter how convincingly I argue with myself, or how badly I curse myself or how gently I try to coax myself, it takes great effort to drag myself to the doctor even for a simple routine check-up. Is that a typical 'man thing'? I don't know.

Anecdotal evidence does seem to suggest that men commonly resist dealing with health issues. And the most common explanation seems to be the suggestion that we're so big, tough and macho, and we strongly internalise a sense of masculine invincibility that prevents us from accepting that we're also susceptible to illnesses. Well, I could pretend that that's my situation but I'll just openly admit the truth: I'm just scared. I'm scared of being probed, poked and prodded. I am afraid of being inspected and injected. And I'm fearful of finding out that I may be sicker than I think I am. Yeah, I know that it's not really manly to admit it, but this man is just afraid!

 
Peter Griffin from that infamous Family Guy episode where he was due for a prostate exam and ended up suing the doctor for sexual abuse 

prostate exam

Someone once told me that fear usually walks hand-in-hand with ignorance, so I've tried to clothe myself with the armour of knowledge. But still, fear persists. I know for example, that fear is the biggest reason preventing me from getting that prostate examination that all men my age should be getting. I also know that whether driven by fear, ignorance or cultural expectations, Caribbean men seem to be giving less than adequate attention to issues relating to our health.

Right now, my father is dealing with some serious health concerns, and it seems almost difficult, nigh impossible, for him to even just admit that he's feeling pain. What pain? He is a man, and maybe he has bought into the idea expressed in the lyrics of the Mighty Diamonds' 1976 hit called Have Mercy. You know the line? It says "Man was made to suffer and women were made to feel the pain".

So Caribbean men, are we courageously suffering or cowardly avoiding our vulnerability? What will it take to make us deal more honestly with our health and wellness reality?

box-mi-back@hotmail.com.

*photos added 

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What to Do .....

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

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

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

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

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

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

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

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

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

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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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