Law Without Boundaries

Lawrence J. Hatterer in his book titled "Changing Homosexuality in the Male", defines a homosexual as "One who is motivated, in adult life, by a definite preferential erotic attraction to members of the same sex and who usually, but not necessarily, engages in overt sexual relation with them."
Anal intercourse as opposed to sexual intercourse is an act involving the insertion of a penis in, or external stimulation of, another person's anus. While homosexuality and lesbianism has been authorised by some Western and African countries, it remains taboo and illegal in Cameroon.
Section 347 of the Cameroon Penal Code, CPC, punishes whoever has sexual relations with a person of the same sex with imprisonment from six months to five years and a fine from FCFA 20.000 to 200.000.
The penalty referred to above shall be doubled where the act is committed against a person over 16 and under 21 years of age. Proof of consent by a person to the act is irreverent and immaterial. Homosexuality, as in other sexual offences, is difficult to prove since quite often it is carried out in camera making it eye witness to the offence difficult.
Proof beyond reasonable doubt is the standard required, as it is the case in all other criminal offences. The prosecution therefore, may lead circumstantial or medical evidence or voluntary confessions by the suspects, to establish the offence.
Investigation of this offence may be initiated at the behest of the competent state counsel, the judicial police officer or upon a complaint lodged against a suspect by a victim of non-consensual anal intercourse "anal rape."
Various Forms Of Proof
Circumstantial evidence: Familiarity for example, where persons of the same sex habitually hire a hotel room and spend the night together, kiss each other in public, dressing in a feminine manner, travelling abroad on mission together or engaging in acts suggesting a love relationship.
Confession: It is much easier when one or both suspects voluntarily admit having engaged in the act.
Medical evidence from the physical examination of the anal region of the suspect or victims of non-consensual anal intercourse by a medical doctor. Some medical personnel hold the view that physical examination of the anal region of men accused of homosexuality may show proof of penetration since anal sex usually leaves lesions or tears around the anus.
Contrary to that assertion, Dr. Lorna Martin, Chief Specialist /Head of Division Forensic Medicine & Toxicology, University of Cape Town South Africa, affirms that "it is impossible to detect chronic anal penetration; the only time the (forensic anal) examination could be of any use is for acute non-consensual anal penetration, when certain injuries may be seen."
Dr. Vincent Lacopino, Senior Medical Advisor for Physicians for Human Rights also confirms that "forensic anal examinations have no value, whatsoever in identifying consensual anal intercourse.'
Members of the International Gay and Human Rights Commission, IGLHRC, advocate that the forceful examination of the anal region of suspects of homosexual conduct without their consent amounts to cruel and inhuman treatment and invasion of their right to privacy contrary to the International Covenant on Civil and Political Rights, ICCPR, of 16 December, 1966 which entered into force on March 23, 1976, and the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984.
It should be noted that Cameroon is a signatory to both conventions as she ratified it in June 27, 1984, for the ICCPR and the UN Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment on 10 January, 1997.
from All Of Africa