Garth Rattray
A SELECT parliamentary Human Resources and Social Development committee chaired by Dr. Donald Rhodd, State Minister of Education, Youth and Culture, was set up to address the spread of HIV/AIDS. It recommended, among many other things, a parliamentary-led national debate on repealing the laws against buggery and prostitution to take them out of the underground where they facilitate the insidious transmission of HIV/AIDS. The mere mention of such a contentious issue sparked bogus insinuations about the character of the committee chairman.
The word "buggery" originated in England and came from "bougrerie". In the French of the time it meant, "heresy ascribed to Bulgarians", in reference to a group of (mostly Bulgarian) heretics who taught that this world was irretrievably evil and were also accused of practising sodomy. In English law the term refers to anal intercourse between men, or sex between man and beast. It was made punishable by hanging under Henry VIII (piloted through Parliament by Thomas Cromwell - 1533) and remained so until 1861 when the sentence was reduced to 10 years to life imprisonment. The legality of homosexual acts was broadened in the United Kingdom with the passage of the Human Rights Act (1998). Twenty-five American States still have sodomy laws in one form or another but only five are confined to male homosexual conduct.
BUGGERY ACT
In Jamaica, the section of the Offences Against The Person Act which addresses buggery reads: "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". Opponents of repealing our buggery laws opine that male homosexuality is a biological, social and religious sin that may not only warp our morals but also incur the wrath of God.
Buggery is the wider application of sodomy, which is sometimes defined as, "any contact between the genitals of one person, and the mouth or anus of another". Such arguments have led proponents for legalising buggery to argue that many "normal" or "straight" couples are guilty of practising sodomy, but no one hunts them down or prosecutes them.
Many feel that whatever two mutually consenting adults of clear and sound mind do willingly (without threats, violence or coercion) behind closed doors is entirely their business. And that, when it comes to consenting adults, the matter of sexual practices and "sin" is between them and God, not between them and the state. Some feel that special circumstances should be put in place for rape and carnal abuse that involve oral and/or anal intercourse as they represent an extreme personal violation.
LEGALISING PROSTITUTION
Regarding the matter of legalising prostitution: On the one hand, the rationale is sound and it will no doubt reduce the spread of HIV/AIDS. But, on the other hand, only dysfunctional, drug addicted, formerly abused or desperate people become commercial sex workers. Legalising prostitution would legitimise a degrading, inhumane and intrinsically cruel "profession" which exists solely for the base sexual gratification of another. I suppose it all comes down to the greater good or the lesser evil (depending on which way you look at it). Any serious consideration of legalising prostitution must go hand in hand with solid plans to improve the psychological, physical, educational, vocational and economic well-being of these individuals, thus empowering them with viable alternatives.
Legalising homosexuality and prostitution sounds as if we (as a nation) will not only condone (turn a blind eye to) them, but also accept them as our social norm and part of our value system. Perhaps we should debate decriminalising them instead. This would rest better with our social and religious consciences. People would feel better if homosexuality could not be overtly demonstrated in public places and if such relationships were barred from leading to marriages. People would also quicker accept the health rationale for decriminalising prostitution if it were taken off the streets and confined to designated and regulated brothels.
I don't see Jamaicans legitimising homosexuality and prostitution any time soon, because our people view such a move as a prelude to sin.
Dr Garth A. Rattray is a medical doctor with a family practice.
