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Jamaica cannot accept or condone the abominable crime of buggery

Wednesday, June 14, 2017

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An edited version of the Marcus Garvey Peoples' Political Party's submission last week to the joint select committee of Parliament reviewing the Sexual Offences Act. The submission was made by the party's president, Heru Ishakamusa Menelik.

Enshrined in Jamaica's Constitution, the Charter of Fundamental Rights and Freedoms repealed and replaced Chapter III of The Constitution so enacted on the seventh Day of April 2011.

The Status of Marriage, Chapter 18 Sub Section 2, states that the legally recognised union in Jamaica is that of one man and one woman. Therefore, the society at this time cannot accept or condone the abominable crime of buggery, which is committed by two males. It is also referred to as gross indecency.

As such, under the Offences Against the Person Act, The Marcus Garvey African League, and The Marcus Garvey Research Institute hereby submit the following as our contribution to the Joint Select Committee's deliberations.

1. There shall be no repealing of The Buggery Act I Section 76 of the said Offences Against the Person Act. On conviction we are recommending a prison term of 25 years at hard labour.

2. For the attempt of committing such an abominable crime, due consideration being given to intent and the premeditation preceding the act. As such, the assault should be considered a felony, and not a misdemeanour. The term should be increased to 15 years hard labour. With the emphasis being to deter. (Section 77)

3. Section 79 – Outrages Of Decency: The Constitution recognises a legal and normal union of a man and a woman. As such, any union between two males, in committing the unnatural act of buggery, shall have committed a felonious act of gross indecency. Upgraded from a misdemeanour. On summary conviction, they shall serve 25 years at hard labour.

SEXUAL OFFENCES ACT 2009

Sexual intercourse means the penetration of the vagina of a female person, by the penis of a male person. So too, The Constitution recognises the union of marriage between a male and a female.

Any other union, or acts of sexual intercourse, must be construed as an abnormal union or act. As such, the normal interpretation for rape shall be deemed to have been committed when a male penis penetrates a female vagina under the following circumstances:

a. Without the woman's consent

b. Extorted by physical assault

c. Obtained by fraudulent representation

d. Carried out on a female child under the age of 16 years old.

The unnatural act of the male penis penetrating another males' anus:

a. Without the consent of the other male

b. Extorted by physical assault

c. Obtained by fraudulent representation

d. Or carried out on a male child under the age of 16 shall be classified as an abominable, deviant and grievous sexual act of gross indecency. When the perpetrator is brought before the Court and found guilty, he shall be so sentenced to life imprisonment at hard labour.

This action is seven fold wrong; it's Biblically wrong, morally wrong, biologically wrong, functionally wrong, hygienically wrong, socially wrong, and naturally wrong. As such, it should be shunned by society, as it is anti-life.

Thanking you for having allowed us the opportunity to submit our views on the matter.

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