Jamaica is often referenced for the anti-gay attitudes of its people. For some Jamaicans, rejection of homosexuality is not only a defense of Christian values, it is also a marker of national identity.
Homosexuals are rendered foreigners at home as their bodies are marked as deviant and alien. The varied manifestations of heterosexism and homophobia in Jamaica have been the subject of numerous academic studies.
The symposium will facilitate discussion about the contours of Jamaican (sexual) citizenship, the place of LGBT people in Jamaica today and the path to a more inclusive Jamaica.
To highlight the struggles and strides made by J-FLAG in making Jamaica the place of choice for LGBT persons to live, work, raise families, and do business.
To dispel misconceptions about the LGBT community with the support of research.
To explore the layers of homophobia experienced by LGBT people.
To provide national coverage of an evidence-based dialogue on sexual identity and gender expression.
To improve the public's understanding of the unique challenges faced by LGBT Christians.
The first defense against persecution from the police or any individual is to know exactly what your rights are and what rights the police do and don’t have. We have tried to outline below some of the laws as they relate to homosexuality. If you know your rights, you can better defend yourself if you are subjected to abuse or discrimination of any kind.
What Jamaican Law says about Homosexuality:
Contrary to popular belief, it is not actually illegal to be homosexual in Jamaica. Being a homosexual does not contravene any of the existing laws; however, the law makes certain ‘homosexual acts’ illegal, and these laws are used to persecute gay men. They state that “acts of gross indecency” and buggery [anal sex] are illegal. Although buggery refers to anal sex between a man and another man, a woman or an animal, in practice the law is predominately enforced against two men. Lesbians are also discriminated against in the wider society, however no laws target lesbians or lesbian conduct.
Offences Against the Person Act
This act prohibits “acts of gross indecency” between men, in public or in private. (This is a very general term which can be interpreted to mean any kind of physical intimacy)
Article 76 (Unnatural Crime)
“Whosoever shall be convicted of the abominable crime of buggery [anal intercourse] 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 (Attempt)
“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 78 (Proof of Carnal Knowledge)
“Whenever upon the trial of any offence punishable under this Act, it may be necessary to prove carnal knowledge, it shall not be necessary to prove the actual emission of seed in order to constitute a carnal knowledge, but the carnal knowledge shall be deemed complete upon proof of penetration only.”
Article 79 (Outrages on Decency)
“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 misdemeanor, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for a term not exceeding 2 years, with or without hard labour.”Click here to view