Abstract

Cameroon’s anti-homosexual law has put the country on the spotlight for wrong reasons. Has been criticized by human rights groups for its treatment of sexual minorities. Mostly based on a liberal paradigm that emphasizes individual claims, that the anti-homosexuality law is inconsistent with the enjoyment of some rights and freedoms, notably equality, non-discrimination and freedom of expression. Domestic and international laws and reviewing article opines that the conventional position which frowns at the anti is undermined in Cameroon where criminalization of homosexuality also and cultural values. Consequently, within the context of the Constitution of Cameroon read alongside international laws, the offence involves competing categories of rights. It is inconsistent with some individual rights; it conversely protects group rights to rights prioritization in the country. This a resistance against decriminalization of same-sex relations is informed by the desire to protect the family, health and moral of society and to reinforce duties owed by individuals to society. To mitigate the tension between individual and group rights inherent in Cameroon’s homosexuality law, this article recommends a limited moratorium on prosecutions of that they are discreet about their sexual orientation. Any attempt at decriminalizing homosexuality without ushering changes in the country’s communitarian values will rarely protect homosexuals from persecution and harassment.

CHAPTER ONE

GENERAL INTRODUCTION

• BACKGROUND TO THE STUDY

Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without that person’s consent.[1] The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent,[2] such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent.[3] The term rape is sometimes used interchangeably with the term sexual assault.[4]

The rate of reporting, prosecuting and convicting for rape varies between jurisdictions. Internationally, the incidence of rapes recorded by the police during 2008 ranged, per 100,000 people, from 0.2 in Azerbaijan to 92.9 in Botswana with 6.3 in Lithuania as the median.[5] Worldwide, sexual violence, including rape, is primarily committed by males against females.[6] Rape by strangers is usually less common than rape by people the victim knows, and male-on-male and female-on-female prison rapes are common and may be the least reported forms of rape.[7]

Widespread and systematic rape (e.g., war rape) and sexual slavery can occur during international conflict. These practices are crimes against humanity and war crimes. Rape is also recognized as an element of the crime of genocide when committed with the intent to destroy, in whole or in part, a targeted ethnic group.

People who have been raped can be traumatized and develop posttraumatic stress disorder.[8] Serious injuries can result along with the risk of pregnancy and sexually transmitted infections. A person may face violence or threats from the rapist, and, in some cultures, from the victim’s family and relatives.[9]

Widespread and systematic rape (e.g., war rape) and sexual slavery can occur during international conflict. These practices are crimes against humanity and war crimes. Rape is also recognized as an element of the crime of genocide when committed with the intent to destroy, in whole or in part, a targeted ethnic group.

People who have been raped can be traumatized and develop posttraumatic stress disorder. Serious injuries can result along with the risk of pregnancy and sexually transmitted infections. A person may face violence or threats from the rapist, and, in some cultures, from the victim’s family and relatives.