[Marxism] Supreme Court ruling against the death penalty for "child rape" and the Cuban penal code

David Thorstad binesi at gvtel.com
Sat Jul 26 13:40:25 MDT 2008

Here is a link to an excellent analysis of the June 25 U.S. Supreme 
Court ruling against the death penalty for "child rape" by a gay 
journalist. Sad to say, the ruling puts the imperialist Court in a more 
enlightened category than the Cuban penal code (whose problematic and 
offending articles I provided recently in my post on "Big gay 
celebration in Cuba"--about which I find it odd that no one has yet 
responded, since, I presume, these draconian provisions of the Cuban 
penal code are unknown to most supporters of the Cuban regime, whether 
gay or straight. Cuban law provides for death, for instance, for a 
consensual relationship with a 14-year-old (such relationships do 
happen). Do these supporters agree with such laws? Should such laws be 
reformed? Is it possible for a same-sex group independent of the regime 
to be formed in Cuba to agitate for penal code reform (or anything 
else)? How can such povisions be squared with the image often presented 
by regime supporters of a near gay paradise?
    In case some subscribers neglected to check out my post on the "Big 
gay celebration," and so missed the Cuban penal code articles I included 
and criticized, I include them here again, and again urge Cuban regime 
supporters to share their views of these provisions.
    It sickens me to have to say that the U.S. Supremes are in any way 
in advance of the Cuban system. Yuk!



article 298: rape: of a woman:  4-10 years in jail
                      of a 12-year-old or if sickness results:  8-20 
years in jail or DEATH

article 299:  "pederastia con violencia" (a vague term. Does it mean 
anal intercourse, "pederasty" [i.e., sex between a man and a male youth? 
How is "violence" defined?]: 7-15 years. This crime includes even 
/consensual/ sex with a 14-year-old:  8-20 years in jail or DEATH

article 303a (creating a "public scandal"): this is defined, vaguely, as 
"importune a otro con requerimientos homosexuales," which suggests that 
it means cruising someone (a male, apparently, since the feminine form 
is not used) who takes offense at the approach: 3 months to 1 year in jail

article 310 ("corruption of minors"):  2-5 years in jail for encouraging 
a 16-year-old (!) to "ejercer el homosexualismo o la prostitucion" (to 
practice homosexualism or prostitution). This could easily apply to a 
gay publication and is, again, vague.

Belonging to an unregistered association would bring 1-3 months in jail 
(again, applicable to a free and independent same-sex organization)

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