Jamaica

[ROC]

Criminal Code
Jamaican criminal code prohibits sex between men, as is the case in much of the English-speaking Caribbean. Article 76 of the Offences Against the Person Act states:

Whosoever shall be convicted of the abominable crime of buggery, committed either with mankind or with any animal, shall be liable to be imprisoned and kept to hard labour for a term not exceeding ten years.

Article 77 adds:

Whosoever shall attempt to commit the said abominable crime, or shall be guilty of any assault with intent to commit the same, or of any indecent assault upon any male person, shall be guilty of a misdemeanour, and being convicted thereof, shall be liable to be imprisoned for a term not exceeding seven years, with or without hard labour.

Article 79 further states:

Any male person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for a term not exceeding two years, with or without hard labour.

"Gross indecency" is not defined, but has been interpreted to include male homosexual conduct between consenting adults in private.

According to the Human Rights Activist Peter Tatchell, homophobia is not authentic Jamaican culture. It was imposed on the people of Jamaica in the nineteenth century by British colonisers and their Christian missionary allies.


Female homosexuality
For lesbians in Jamaica, the situation is considerably more ambiguous. In common with many countries where homosexual acts are or were illegal, legislation refers specifically to acts between males, making female homosexuality legal by omission. Views of female homosexuality from a heterosexual perspective, expressed in terms of male superiority and difference, are common. Jamaica Gleaner columnist Morris Cargill wrote in 1999:

There seems to be a certain logic in female homosexuality. For if it is true, broadly speaking, we acquire our first sexual proclivities in infancy, girl children who are petted and fondled by their mothers, nurses and female relatives acquire what might be said to be a "normal" sexual affection for their own sex. But this is not true of male children, so it seems to me that there is a very fundamental difference between male and female homosexuality.

As a consequence, Jamaican lesbians experience less persecution than gay men, but have nonetheless cited examples of hate crimes.

Amnesty has received reports of specific acts of violence against lesbians, namely rape and other forms of sexual violence. There are reports of lesbians being attacked on the grounds of ‘mannish’ physical appearance or other visible ‘signs’ of sexuality. Some reports of abduction and rape emanate from inner-city communities, where local NGOs have already expressed concerns about high incidences of violence against women.

Although lesbian civil ceremonies have taken place, Jamaica does not recognise any legal basis for partnerships between women.

[peggygee]

I have many Jamaican friends, but Jamaica and other Caribbean nations
need to get with the times, and let the vestiges of colonialism go.

http://www.youtube.com/watch?v=-a4OTQ95K0U

I say impose some economic sanctions.

[gazathu]

I have many Jamaican friends, but Jamaica and other Caribbean nations
need to get with the times, and let the vestiges of colonialism go.

I say impose some economic sanctions.


Hello, I'm Jamaican

1. JA law makes buggery illegal not homosexuality

2. gross indecency includes other things apart from 2 men having sex in public (and yes it does happen)

3. yes, JA law only recognizes marriage between a man and a woman, so what? it's OUR law not yours

4. violence against homosexuals have been proven time & time again to be committed by said homosexuals, last case I believe was a man stabbing in love in the eye causing him 9the lover) to lose said eye. in JA, you're 99.9% times more likely to be killed due to gang-related violence than homosexuality, deaths related to being homosexual is near nil, we have a high murder rate, aprox. 1800 per year, all homosexual deaths are HIGH profile and i can actually count on my hands the amount of homosexuals who have been murdered in the last 20 or so years and NONE of them have been killed JUST because they are gay.

5. so you wanna impose sanction because our law isn't GAY friendly? are you serious? in islamic countries, gay people can get the DEATH penalty, in JA, if convicted, one can be sentenced to NINE years, many times, it doesn't reach court, if it does, most likely it will be thrown out for lack of evidence or a suspended sentence.

6. you speak of colonialism, JA laws are based off of religion mainly christianity BUT i can almost say with certainty if england/spain didnt come to the caribbean, the island would STILL have laws against homosexuality

7. get with the times? so gay culture is what's hot in the streets yo?

8. Peter Tatchell is not only a rights activist but an outspoken defender wanting the age of consent to be lowered to 14, now why would a grown man want the age of consent to be lowered? *hint hint*.

That's all i gots to say but that ignorant remark about putting sanctions against a country because it's laws differs from yours is outright stupid

[MrF]

I'm not Jamaican but I've studied the place as an interested tourist.

I think Jamaica is a lot more homophobic as a society than the USA, and it would NOT be a good place to seek out TGirls, for example. For me this should just be something to fold into the decision to visit the place, together with a whole lot of other considerations. I think an openly gay person would probably feel uncomfortable there. But there are plenty of other great things about Jamaica and good reasons to visit.

BTW, I've read that a lot of the Caribbean is homophobic compared to the USA. And keep in mind that the USA is more homophobic than some other countries, e.g. Thailand.

[Dixie Normous]

Hello, I'm Jamaican

1. JA law makes buggery illegal not homosexuality




Is there really a difference between the two? :confused:

-Dixie

[gazathu]

Is there really a difference between the two? :confused:

-Dixie

yes, buggery is anal sex, it doesnt specify a gender meaning if a man has anal sex with his woman, they can be arrested, if any couple wether straight or gay is caught having sex in public (i.e. car parking lot) they would more likely get arrested for gross indecent exposure and they wont even make it to jail, sometimes the cops are looking for a bribe



I think Jamaica is a lot more homophobic as a society than the USA, and it would NOT be a good place to seek out TGirls

Jamaica is not a tgirl destination and what do you consider homophobic? if a gay or trans person 'flaunts' themselves in public, no violence will come to them, of course there might be verbal abuse and if so, they (gay/trans) will respond accordingly and it will be a big shouting match and entertainment for everyone watching

i remember one case where 3-4 gay men were caught having sex in a store bathroom, an alert was raised, the store had to close it's doors and have police escort the men out, people were hurling insults at them, it wasn't because they were gay per se, but having sex ina public bathroom is downright wrong, if they were str8, the crowd would STILL gather, that's how we are, we LOVE excitement

they are a good amount of tras/cross dressers in JA, i shall provide pics/vids soon, one case was where a crossdresser n a man were detained on suspicion of prostitution, it was after checking the 'woman's' ID, they realized it was a man, the 'woman' reportedly got offers from police officers that night KNOWING it was a man, trans/cross dressers use to party by themselves, now they are partying with the 'str8' crowd, some know, some don't, they are not OBLIGATED to tell anyone they are men but they can be spotted


I think an openly gay person would probably feel uncomfortable there.

you are wrong, openly as in? people pretty much keep their sexual likes/dislikes to themselves, do you mean PDA? public display of affection? Jamaica isn't a PDA soceity to begin with, str8 or gay


But there are plenty of other great things about Jamaica and good reasons to visit.

true that



BTW, I've read that a lot of the Caribbean is homophobic compared to the USA. And keep in mind that the USA is more homophobic than some other countries, e.g. Thailand.

i can only speak for my country, JA is NOT homophobic, not in the TRUE meaning of the word (fear of the same) or in the meaning gay persons have attributed it to (hate of homosexuals)

as i said before, there is a 9/10 chance of getting killed from gang-related issues that being gay, this whole LIE about JA being homophobic is PROPAGANDA being spread by gay rights activists who want the buggery laws to be repealed in order to force the JA culture will be supportive of the lifestyle

JA culture is NOT supportive of homosexuality BUT it is not oppressive either, it is NOT illegal to be gay

[Dixie Normous]

yes, buggery is anal sex, it doesnt specify a gender meaning if a man has anal sex with his woman

Old Daniel Webster should have been more specific with clarification of the terms, buggery, sodomy, and other similar terms describing anal antics, when it came to defining perversions with the behind in mind. :)

Anyway, call me foolish, call me irresponsible, but I'm surprised that the music with all the singers screaming at the top of their lungs hasn't scared all of the homos out of Jamaica. :)

[MrF]

Well, I stand by what I wrote, that Jamaica is more homophobic than the USA, but I'll admit it was mainly from reading travel books and only in small part from personal observation.

Homophobic in the sense of prejudiced against and hostile (negative attitudes) towards homosexuals -- and presumably towards TGirls, too.

The book by Lonely Planet is especially good and doesn't avoid controversial issues like this, and I recall them mentioning that Jamaica was not very "gay friendly" and that trying to pick up guys could lead to a strong negative reaction, even if it's in an "appropriate" setting. I remember reading that elsewhere, too. FWIW, I would not want to pick up guys, but I take it as a sign for how good the TGirls scene might be. Answer: not good.

I also remember reading in various online sources that the TGirl scene was poor. I think "gazathu" agrees with that. Of course the online sources are not so credible but the reports tend to corroborate each other.

This is not meant to bash Jamaica. I'm simply saying that if you go to Jamaica it must be for OTHER reasons. And there are plenty of reasons. I'm also suggesting you do your homework and read some travel books.

[peggygee]

Hello, I'm Jamaican

1. JA law makes buggery illegal not homosexuality

2. gross indecency includes other things apart from 2 men having sex in public (and yes it does happen)

3. yes, JA law only recognizes marriage between a man and a woman, so what? it's OUR law not yours

4. violence against homosexuals have been proven time & time again to be committed by said homosexuals, last case I believe was a man stabbing in love in the eye causing him 9the lover) to lose said eye. in JA, you're 99.9% times more likely to be killed due to gang-related violence than homosexuality, deaths related to being homosexual is near nil, we have a high murder rate, aprox. 1800 per year, all homosexual deaths are HIGH profile and i can actually count on my hands the amount of homosexuals who have been murdered in the last 20 or so years and NONE of them have been killed JUST because they are gay.

5. so you wanna impose sanction because our law isn't GAY friendly? are you serious? in islamic countries, gay people can get the DEATH penalty, in JA, if convicted, one can be sentenced to NINE years, many times, it doesn't reach court, if it does, most likely it will be thrown out for lack of evidence or a suspended sentence.

6. you speak of colonialism, JA laws are based off of religion mainly christianity BUT i can almost say with certainty if england/spain didnt come to the caribbean, the island would STILL have laws against homosexuality

7. get with the times? so gay culture is what's hot in the streets yo?

8. Peter Tatchell is not only a rights activist but an outspoken defender wanting the age of consent to be lowered to 14, now why would a grown man want the age of consent to be lowered? *hint hint*.

That's all i gots to say but that ignorant remark about putting sanctions against a country because it's laws differs from yours is outright stupid





yes, buggery is anal sex, it doesnt specify a gender meaning if a man has anal sex with his woman, they can be arrested, if any couple wether straight or gay is caught having sex in public (i.e. car parking lot) they would more likely get arrested for gross indecent exposure and they wont even make it to jail, sometimes the cops are looking for a bribe



Jamaica is not a tgirl destination and what do you consider homophobic? if a gay or trans person 'flaunts' themselves in public, no violence will come to them, of course there might be verbal abuse and if so, they (gay/trans) will respond accordingly and it will be a big shouting match and entertainment for everyone watching

i remember one case where 3-4 gay men were caught having sex in a store bathroom, an alert was raised, the store had to close it's doors and have police escort the men out, people were hurling insults at them, it wasn't because they were gay per se, but having sex ina public bathroom is downright wrong, if they were str8, the crowd would STILL gather, that's how we are, we LOVE excitement

they are a good amount of tras/cross dressers in JA, i shall provide pics/vids soon, one case was where a crossdresser n a man were detained on suspicion of prostitution, it was after checking the 'woman's' ID, they realized it was a man, the 'woman' reportedly got offers from police officers that night KNOWING it was a man, trans/cross dressers use to party by themselves, now they are partying with the 'str8' crowd, some know, some don't, they are not OBLIGATED to tell anyone they are men but they can be spotted



you are wrong, openly as in? people pretty much keep their sexual likes/dislikes to themselves, do you mean PDA? public display of affection? Jamaica isn't a PDA soceity to begin with, str8 or gay



true that



i can only speak for my country, JA is NOT homophobic, not in the TRUE meaning of the word (fear of the same) or in the meaning gay persons have attributed it to (hate of homosexuals)

as i said before, there is a 9/10 chance of getting killed from gang-related issues that being gay, this whole LIE about JA being homophobic is PROPAGANDA being spread by gay rights activists who want the buggery laws to be repealed in order to force the JA culture will be supportive of the lifestyle

JA culture is NOT supportive of homosexuality BUT it is not oppressive either, it is NOT illegal to be gay

Thank you for your responses, however they seem to be more anecdotal than
borne out by non biased sources.

Thus I will maintain my position, and support it with citations from:

The European Parliament which passed a resolution calling on Jamaica to
repeal their sodomy laws and to actively combat widespread homophobia.

Amendment 25: Human rights in the world and the EU's policy. "Paragraph 79
calls on the Government of Jamaica to take effective action to stop the
extra-judicial killing of people by security forces; also calls on the
Government of Jamaica to repeal sections 76, 77 and 79 of the Offences
Against the Person Act, which criminalise sex between consenting adult men
and are used as justification for unacceptable harassment, notably against
HIV/AIDS educators; asks the Government of Jamaica to actively fight
widespread homophobia."

http://ilga.org/ilga/en/article/542

And by Amnesty International: "Gay men and lesbian women have been
beaten, cut, burned, raped and shot on account of their sexuality"; and
gays and lesbians constitute one of the "most marginalized and persecuted
communities in Jamaica".

As well as the Human Rights Watch:

Verbal and physical violence, ranging from beatings to brutal armed attacks
to murder, are widespread. For many, there is no sanctuary from such
abuse. Men who have sex with men and women who have sex with women
reported being driven from their homes and their towns by neighbors who
threatened to kill them if they remained, forcing them to abandon their
possessions and leaving many homeless. In addition, police actively support
homophobic violence, fail to investigate complaints of abuse, and arrest and
detain men based on their alleged homosexual conduct.

And Time magazine, which has labeled Jamaica the "The Most Homophobic
Place on Earth".
http://www.time.com/time/world/article/0,8599,1182991,00.html

To say nothing of the incendiary lyrics by the likes of artists such as Buju
Banton, Bounty Killer, Beenie Man, Vybz Kartel, Movado, Elephant Man,
Sizzla, Capleton, T.O.K., Anthony B and Shabba Ranks, that write and
perform songs that advocate attacking or killing gays and lesbians.

I have been to the Carribean many times, it is a beautiful place, filled with
wonderful, friendly people, and I had no problems whatsoever, but I also dont
advertise my trans-status. Thus my concerns are not for me personally but
for those under the TLGB umbrella.

[DYNACORD]

Wow, that's a lot of info.
I was in Montego Bay back in 1981. Didn't see anything anti gay at that time but, I did see everywhere I went, little statues of black men with an assortment of barrels around their bodies and when you lifted these up:::out popped a large DICK. WTF was up with that? I think a sales person tried to tell me it had to do with fertility or some shit like that. Yeah sure! LOL. :eek: