anal sex

LGBT+ Africans optimistic as Kenya set to rule on decrimalizing gay sex

NAIROBI (Thomson Reuters Foundation) - There is a quiet air of excitement at the offices of the National Gay and Lesbian Human Rights Commission (NGLHRC), as the countdown draws closer to Friday when a much-awaited ruling by Kenya’s High Court could make history.

The charity has fought hundreds of cases of abuse against sexual minorities in Kenya’s courts, but the verdict on whether to scrap British colonial-era laws criminalizing gay sex is undoubtedly their most eagerly anticipated case.

“We are excited and cautiously optimistic - but optimistic nonetheless,” Lelei Cheruto from NGLHRC, one of the groups petitioning the court to decriminalize gay sex, told the Thomson Reuters Foundation.

“A positive ruling will mean sexual minorities in Kenya will have the freedom to exist. It will be a step toward their inclusion in society. We feel we have a very solid case.”

Homosexuality is taboo in the East African nation and persecution of sexual minorities is rife. Under sections of Kenya’s penal code, gay sex - or “carnal knowledge against the order of nature” - is punishable by up to 14 years in jail.

Campaigners say the laws have long promoted homophobia in the largely conservative Christian country - and are used daily to persecute and discriminate against sexual minorities.

They face prejudice in getting jobs, renting housing or seeking medical care or education.

Hate crimes like blackmail, extortion, physical and sexual assault are common - but most are too fearful to go to the police due to their sexual orientation, say rights groups.

A positive judgment would not only give rights and dignity to sexual minorities in Kenya, say campaigners, but will inject impetus into battles being waged by persecuted LGBT+ people Africa wide.

“People across the continent are watching the Kenyan case very closely,” said Anthony Oluoch from Pan Africa ILGA, a global charity advocating for the rights of sexual minorities.

“There are laws in many African countries that criminalize same-sex relationships, so if we get a positive ruling in Kenya it will give hope to the continent.”

#LOVEISHUMAN

Same-sex relationships are a crime in more than 70 countries around the world, almost half of them in Africa. South Africa is the only African nation to have legalized gay marriage.

The law against gay sex in Kenya - sections 162 and 165 - was introduced during British rule more than 120 years ago.

In 2010, Kenya adopted its new constitution, which provides for equality, human dignity and freedom from discrimination. Petitioners now want the sections of the law repealed, saying they violate constitutional rights.

The Kenyan government, backed by powerful Christian groups, however is opposed to scrapping the ban on gay sex, have argued during court hearings last year that it will lead to same-sex marriage.

A three-judge bench of the High Court is expected to give its verdict on Feb. 22. Both sides can appeal against the ruling in higher courts.

Since the date of the ruling was announced in October, LGBT+ activists across the world have been counting down the days on social media with hash tags such as #WeAreAllKenyans, #LoveIsHuman and #Repeal162.

“This judgment has real potential to change the lived experience of hundreds of thousands of people in Kenya,” said Tea Braun, director of the UK-based campaign group, the Human Dignity Trust.

“A positive verdict will declare that LGBT+ people are not criminals. It will be a reckoning for society where Kenya will show the world that it upholds the principals of freedom, liberty and justice.”

Campaigners say their optimism is justified - pointing to recent progressive rulings by courts as well as governments across the world supporting the rights of LGBT+ people - which they believe Kenya’s judges will consider.

In September, for example, India’s Supreme Court threw out similar colonial-era legislation in a landmark ruling in the world’s largest democracy.

While last month, the Angolan government shed the “vices against nature” provision in its law, which was widely interpreted to be a ban on homosexual conduct.

The fact these moves came from countries in the developing world - which Kenyans can easily identify with - rather than Western nations which are often blamed for “importing homosexuality”, should lie in their favor, say petitioners.

There has even been progress at home, they add, citing a ruling by Kenya’s Court of Appeal in March which found it illegal to force people suspected of being homosexual to undergo anal examinations.

REINVIGORATING AFRICA

A positive ruling will have wider implications across Africa, which has some of the most prohibitive laws against homosexuality in the world, say campaigners.

Same-sex relationships are considered taboo and are a crime across most of the continent, with punishments ranging from imprisonment to death.

A 2017 report by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) found 33 African countries, out of a total of 54, criminalize same sex relations.

The persecution of LGBT+ Africans is also widespread, with sexual minorities routinely being abused, blackmailed, assaulted by mobs, or even raped by police or vigilantes.

“Kenya is an important and influential country in Africa and there has been a lot of conversation around the continent about the court case,” said Bisi Alimi, a Nigerian gay rights activist who was forced to flee persecution and seek asylum in Britain.

“It would be a huge inspiration and a morale boost to LGBT+ people across Africa. It will reinvigorate LGBT+ rights campaigns in many countries. People will feel more emboldened to talk about their sexuality and fight for their rights.”

A positive verdict will also influence court decisions in countries like Botswana where the top court is set to rule on overturning similar legislation in March, campaigners add.

Petitioners, however, acknowledge there is likely to be a long road ahead - whether the ruling is in their favor, or not. Both sides have the option to take the case before the Court of Appeal and further to the Supreme Court.

They also admit that even if same-sex relations are decriminalized, challenges in changing deep-rooted homophobic attitudes in society remain.

“We are aware things aren’t going to change overnight and discrimination and persecution are likely to persist for years to come,” said Cheruto, adding that sustained advocacy and public awareness campaigns would be needed to sensitize people.

“It’s been a long journey already, but we are prepared for the road ahead - no matter how difficult it may be.”

Reporting by Nita Bhalla @nitabhalla, Editing by Jason Fields. Please credit the Thomson Reuters Foundation, the charitable arm of Thomson Reuters, that covers humanitarian news, women's and LGBT+ rights, human trafficking, property rights and climate change. Visit news.trust.org

Michael Avenatti: R. Kelly seen having sex with underage girl in newly uncovered video

Attorney Michael Avenatti said on Thursday he has a new videotape which allegedly shows embattled singer R. Kelly "engaging in multiple sexual assaults of a girl underage."

In his statement posted on Twitter, Avenatti says he handed over the "recently uncovered and recovered" VHS tape to Cook County State Attorney Kim Foxx in Chicago, Illinois. Avenatti further claimed the video isn't the same evidence used in Kelly's 2008 trial when he was acquitted on child pornography charges.

"This tape, which is clear, is approximately 45 minutes in length and has never previously been publicly disclosed or, until recently, provided to law enforcement," Avenatti alleged.

R. KELLY ONCE CAUGHT HAVING SEX WITH UNDERAGED AALIYAH, FORMER BACKUP SINGER CLAIMS

SONY, R. KELLY PART WAYS AMID MOUNTING SEXUAL ASSAULT ALLEGATIONS AGAINST SINGER: REPORTS 

Avenatti is reportedly representing an individual who the attorney describes as a whistleblower against Kelly, according to The Hollywood Reporter.

"My client knows the identity of the girl and R. Kelly," Avenatti said, per the news outlet. "He identified the two of them on the videotape. He worked for and has known R. Kelly for decades, and he met the girl on a number of occasions."

In response to the allegations, R. Kelly's attorney Steven Greenberg, said in a statement to Fox News on Thursday: "I have not been contacted by anyone connected with law enforcement, nor has R Kelly. Mr. Kelly denies that he has engaged in any illegal conduct, of any kind whatsoever. He would like to be able to continue to write and sing and produce and perform. Unfortunately, as a result of a documentary that regurgitated long ago rejected claims, he has been adjudged guilty in the public eye. In this age of hashtags we are too quick to rush to judgment simply because something is associated with a hashtag. A hashtag does not make claims credible."

The statement continued: "All of the claims by these women were brought forth years ago, rejected by the police, and/or rejected by the courts, but now for their own gain they have rehashed them. Each of the women in that documentary are out for money, whether they have suddenly filed a lawsuit, they have all of a sudden released their own song, or they have written a book. Indeed, some of the women are going on a 'Surviving R Kelly Tour,' charging for people to hear them speak about their lives. Accuse R Kelly and boom, make a buck."

"There are three countries in the world where people are presumed guilty, China, North Korea, and Myanmar. Unfortunately, that is the standard of justice that is now being applied to R Kelly. In this country people are entitled to presumption of innocence. Absent conclusive evidence, proof beyond reasonable doubt, I would ask that people follow the principles that make this country great. We will have no further comment. Thanks to all his fans and their support. He will continue to work on his album," the statement concluded.

Kelly and his attorney have for years denied allegations of sexual misconduct involving women and underage girls.

Tandra Simonton, a spokeswoman for Cook County State's Attorney Kim Foxx, wouldn't confirm or deny the office is investigating to The Associated Press and did not immediately return our request for comment.

Hours after his initial statement, Avenatti released a second statement on Thursday, alleging the videotape "depicts" R. Kelly "engaging in multiple sexual assaults of a girl fourteen years of age."

In the statement, Avenatti further alleges that on the tape "Mr. Kelly engages in oral, anal and vaginal sex with the young girl in two separate rooms in his home on two separate days."

Avenatti also alleges that "Mr. Kelly and the victim also verbally refer to the girl as only being 14 on multiple occasions on the video."

Fox News has reached out to R. Kelly's lawyer regarding the new allegations.

R. KELLY ACCUSERS RECOUNT SINGER'S 'DEMONS' AS AALIYAH'S MOTHER DENIES REPORTS HE SEXUALLY ABUSED HER DAUGHTER

Avenatti is best known for representing porn star Stormy Daniels in a lawsuit against President Donald Trump. He said his office was retained in April 2018 by multiple people regarding allegations of sexual assault of minors by Kelly, whose legal name is Robert Kelly.

Avenatti said the video surfaced during a 10-month investigation that included witness interviews and examination of documents and evidence throughout the U.S. He told The Associated Press the person who provided the tape knew both Kelly and the female in the video. He also said he didn't know where the person had kept the video or why they hadn't provided it to law enforcement previously.

Foxx asked potential victims to come forward last month after Lifetime aired the documentary "Surviving R. Kelly," which revisited the allegations against Kelly and put a spotlight on new ones.

Following the January airing of the "Surviving R. Kelly" docu-series, in which several women accused the singer of sexual abuse and domestic violence, the "Ignition" singer has been faced with mounting sexual misconduct allegations.

PROSECUTORS URGE ALLEGED R. KELLY VICTIMS TO COME FORWARD AS SINGER DENIES ALL SEX ABUSE ACCUSATIONS 

At the time, Foxx told reporters (via TMZ), "The recent allegations against entertainer R. Kelly in a recent Lifetime docuseries are deeply, deeply disturbing. It is our job at the Cook County state attorney's office to investigate claims in the interest of justice and of public safety. I should stress that it takes courage to re-live and re-experience trauma by telling your story of sexual victimization, but we rely heavily on victim accounts and witness statements to prosecute cases involving sexual assault and domestic violence."

The docuseries also claimed that he preyed on and had sexual relations with underage girls who he kept in an alleged "sex cult."

R. Kelly has maintained his innocence since allegations of abuse first emerged. The singer's attorney, Steven Greenberg, told the Associated Press that the "Surviving R. Kelly" accusations were false, and simply "another round of stories [being used to] fill reality TV time." He added that it was inappropriate for a D.A. to characterize allegations she'd seen on TV before actually filing charges or launching an investigation into the claims.