Kenya upholds use of anal exam to determine sexual orientation

https://www.theguardian.com/world/2...-of-anal-exam-to-determine-sexual-orientation

HYPERLINK has full story

snip

Court in country where same-sex relations are a crime dismisses argument that exam is torture and degrading treatment......................

Two men had sought a court ruling to stop enforced anal examinations and HIV tests of men accused of being gay after they were subjected to the procedures.


The two were arrested in a bar near Ukunda, a town along Kenya’s Indian Ocean coast, in February 2015 on suspicion of engaging in homosexual sex, a criminal offence in Kenya. They still face the charges and, if convicted, could be jailed for 14 years............................

The judgment means that someone can be arrested on a rumour that they are gay and subjected to these tests, he said. “Do we want to use the nation’s scarce resources on this?”....................

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Kenya is a sovereign nation and is free to have any laws they so choose much like any other sovereign nation.

This does become tricky because there is no medical test to confirm that one is "homosexual" because it is not how one is born rather, it's what one chooses to do. Given that, if the homosexual activists do not like the anal exam then why not bring forth a medical test which confirms that one is homosexual? The law is the law and until such time that it gets changed, if ever, then bring forth a different and reliable test.

For drunk drivers we have breathalyzers and blood tests and in many states if you do not permit the test, you get arrested based upon the judgement of the arresting officer. I see this law in Kenya as no different. An activity is outlawed so either don't do the activity or risk arrest and then being subjected to the only known test.

 

Well, of course they are checking to see if anal sex has occurred by checking for... uh... damage?
But that means some who are gay and not had sex like that could go free. And those who haven't had enough roughage but hetero would... be prosecuted?

 

If you are a gay in Kenya, best to stay on top.

 

Think of your day-to-day life if you are in the Dreaded Private Sector. There are those who see a problem or question current methods/practices and bring forth ideas, and then there are those who simply complain but offer no solution.

The protesters in Kenya appear to fall into the latter category offering no solution. Well, the law is the law and if the homosexual activists do not like the anal test then come up with some other medical test to confirm that one is indeed "homosexual".

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Or if you enjoy receiving rather than giving, bring forth an alternate test.

 

This is way too fcked up for me.

 

well how else would you check for gayness

 

No wonder Barrack moved , he would be prodded for sure.

 

While crude, you make a good point. How do they determine if the other person had gay sex? Not everyone is penetrated in gay sex, do the tops go free?


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And if they have donated to the Clinton Foundation, well, you can just shut up about that, we don't care!

 

I can hear the OP now as the Germans rounded up the Jews: "The law is the law and until such time that it gets changed, if ever, then bring forth a different and reliable test if you are a good Jew or a bad Jew."

But I think we found the OP's dream job, male anal inspector.

 

Partially true since Barrack returned to Kenya after abandoning his American born wife and son. Maybe he missed the prodding.

 

uh huh

I can see where it's the same thing............you are way too funny and over your head trying to outwit me

 

You don't think arresting Jews is the same thing as arresting homosexuals as per the laws of a sovereign state?

Just incase you are ignorant of history, homosexuals were also arrested in Germany along with the Jews as per the laws of a sovereign state. The fact that what you take away from the story you posted isn't outrage that homosexuals will face 14 years in prison but instead some spiel about how homosexual activists are wrong in not wanting anal examinations to be taking place of suspected homosexuals is. . .who am I kidding for you right on point.

 

Yes, they are different because one is choosing which religion to belong to while the other is "choosing" which sex to be attracted to (which isn't really a choice as you have stated numerous times it is caused by environmental factors).

So basically you believe whatever the law is that's what it is - you support executions of Jewish people because it was the law... Can you even keep up with your own arguments.

The people cheering or amused by this law and then saying you are about personal freedom or religious freedom are hypocritical liars, it's why society has begin to completely ignore you.

 

You don't mean Kenyan-American Barack Obama's Kenya, do you (as he self described himself when he went there in 2015)?

 

How does a forced anal exam have any value as evidence, legal or medical, of homosexuality?

As to your last sentences: These men were simply accused, you have no proof they actually DID anything. More than that, if all it takes is an accusation to have someone subjected to a useless, torturous, degrading, and frankly illegal act (if the test is "if I finger this dude's ass does he like it" that's a homosexual act and barred apparently by law), then any time you (*)(*)(*)(*) with me I'm going to call in an anonymous tip to say you like sucking dick and need to have your butthole fingered to confirm or deny it. This is simply (*)(*)(*)(*)ing absurd.

 

Unjust and unreliable law. Either catch them in the act or leave it be.

 

I thought it was about our president Barry who didn't take his "wife" Michael with him, probably because he wanted some other "action."

 

Hmm

I posted the news story

I described how Kenya is a sovereign nation and free to have any law they wish

I posted how people are free to change their government there

I don't see mass slaughter going on in Kenya because someone chooses to have sex differently

If there was then I am confident that there is a red-line which our POTUS has drawn and those Kenyans will be in big-big trouble if they cross it.

 

Per the story, it is not illegal to conduct the exam. The act of gay-sex is illegal.

Instead of whining, why not be a doer and provide an alternate test that the Kenyan govt can perform to confirm that one is in fact homosexual?

Since one isn't born wanting gay-sex you will find it difficult to prove. It has been done for drunk drivers by using breathalyzers and blood/alcohol tests so I'm confident that all of the protesters will take the lead in finding a less intrusive test to confirm beyond a shadow of a doubt that one is homosexual.

Until that time, it appears that inspecting the anus for prior penetration does seem to be the only method for males.

 

If you're fingering a dude's ass to see if he likes it, that sounds pretty homosexual to me. The fact that they don't recognize it as such matters little.

How about evidence? You know admissions by parties.... catching them in the act.... evidence like emails letters or text messages detailing activity.. that kind of thing.

There are tests already in place: did you catch him doing something homosexual? did he admit to being a homosexual? do you have evidence that he actually committed homosexual acts (the actually crime is the act, not the thought)? No? Then how in the (*)(*)(*)(*) is fingering his (*)(*)(*)(*)(*)(*)(*), in and of itself not an illegal act as you point out, going to prove he DID commit the homosexual acts alleged even if it DOES prove he's a homosexual?
Again: What evidentiary value does fingering a guy's (*)(*)(*)(*)(*)(*)(*) by force under mere suspicion have? Answer the question since you dodged it before.

 

Anal exams aren't new. They were conducted in England and other countries back in the day to provide proof leading to prosecution for sodomy. Welcome to the 1800's Kenya.

 

What is the odd fascination with male on male anal sex that the anti gay Chrisitan crowd seems to have?

 

Are you an expert in Kenyan law? The issue is the test. Instead of complaining, why not suggest an alternate test? Are you suggesting that our POTUS draw a red line and if any Kenyan has his anus probed that Obama will send a speech their way? They cannot simply ignore the law so what test do you suggest or what do you suggest that our POTUS do with respect to another sovereign nation?

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is it Christians in Kenya who are doing this?

 

I am not. You posed a question not asking for a legal justification so legal expertise in kenyan law is not required.
You have yet to show that the test has any evidentiary value IE that it DOES conclusively prove homosexuality in the subject tested, and that because of that one may conclusively prove the ACTUAL ACTS alleged to have been committed. The test seems to have no value in proving anything ergo its not a good test. I don't have a better test other than actual evidence of the acts alleged in the form of statements of parties, physical evidence (rubbers with (*)(*)(*)(*) on them etc), actual reliable eyewitness testimony, or admissions in the form of evidence found like emails texts etc. describing the acts alleged.

I don't suggest our POTUS do a damn thing but demand that our congress immediately remove all foreign aid to all nations whatsoever and spend that here on useful things like education, paying the interest on our debt etc. or even just housing and feeding our own poor and homeless. Why help the world when we have plenty of domestic problems to care for first.

Quote me where I suggested US intervention <Rule 2>