THE Jamaica Forum of Lesbians, All-Sexuals and Gays (J-FLAG) now advocating for decriminalisation of same-sex acts...... Gays change position..... “So, for instance, if a little boy or little girl should be raped in the anus, in the absence of the buggery law, there is no protection.

BY INGRID BROWN Associate editor — special assignment browni@jamaicaobserver.com  Thursday, May 22, 2014    

THE Jamaica Forum of Lesbians, All-Sexuals and Gays (J-FLAG) said it is no longer calling for a wholesale repeal of the buggery law, but for the decriminalisation of sexual acts between consenting adults of the same sex.

In light of this, the community said it is not in agreement with the recent call by Opposition Leader Andrew Holness for the buggery law to be put to a referendum. Holness, who was speaking recently in Parliament, called on the Portia Simpson Miller-led Government to allow Jamaicans to decide whether the buggery law should be repealed through a referendum.

However, J-FLAG said a wholesale repeal of the buggery law would not be helpful to anyone because it would create a lacuna in the law.

“So, for instance, if a little boy or little girl should be raped in the anus, in the absence of the buggery law, there is no protection. So, as it is right now, the buggery law does serve some useful purpose, but it is problematic for consenting adults in private,” said Brian Paul, sub-regional co-ordinator of the Caribbean Forum of the Liberation and Acceptance of Genders and Sexualities (CariFLAGS) and advocate for J-FLAG.

According to Paul, a repeal would not necessarily be helpful because of the narrow definition of sex under the Sexual Offences Act of Jamaica. Under the Act, sex is defined as the penetration of a vagina by a penis, and by extension rape is defined as non-consensual sex between a man and a woman.

“Because rape is so narrowly defined, if it is a non-vaginal sexual assault, anal for instance, then the buggery law does serve some useful purpose, as the buggery law is the only way you can treat with ‘anal rape’,” Paul said.

He argued that a repeal of that law without requisite amendments to the Sexual Offences Act to make rape gender-and orifice-neutral would not benefit anyone.

“So what we have been calling for is for the buggery law to be reviewed, or limited, so as not to criminalise the consenting sexual habits of adults in private,” he told the Jamaica Observer.

This, he said, would be an amendment to the law to allow for consent as a defence, and for adults to engage in intercourse as they see fit, while allowing others to have the protection of the law if there is non-consensual buggery. more