These examinations often involve doctors or other medical personnel forcibly inserting their fingers, and sometimes other objects, into the anus of the accused. Law enforcement officials and some medical personnel claim that by doing so they can determine the tone of the anal sphincter or the shape of the anus and draw conclusions as to whether or not the accused person has engaged in homosexual conduct. This argument is based on long-discredited 19 th century science: the overwhelming weight of medical and scientific opinion holds that it is impossible to use these exams to determine whether a person has regularly engaged in same-sex conduct. Forced anal examinations are a form of cruel, degrading, and inhuman treatment that can rise to the level of torture. Forced anal exams are invasive, intrusive, and profoundly humiliating.
Kenya: Court Finds Forced Anal Exams Unconstitutional
Women: 'My husband tortured me with anal sex' - BBC News
It's still illegal for two men to have sex in many countries, and according to The Advocate , some even have a "test" to see if it's been happening. As The Advocate reports, the legal systems in at least eight countries perform "anal tests" on men they suspect to have engaged in same-sex sexual relations to determine whether or not they have violated the country's anti-sodomy laws. These tests are not only invasive, but they are often forced upon people. In other words, that's sexual assault.
Anal Probe "Test" Used to Determine if Men are Gay in Some Countries
Nairobi — A Court of Appeal in Mombasa, Kenya, ruled on March 22, , that conducting forced anal examinations on people who are accused of same-sex relations is unconstitutional, Human Rights Watch said today. It was a resounding victory for lesbian, gay, bisexual, and transgender LGBT rights activists in Kenya and beyond. The ruling reversed a High Court decision that had upheld the Kenyan authorities' use of forced anal exams to attempt to provide evidence of homosexual conduct.
Tunisia should uphold its commitments as a state party to the Convention Against Torture and ban the use of forced anal examinations. Human Rights Watch documented two cases in late , in which Tunisian police subjected seven young men to forced anal examinations, solely on the grounds that the police suspected them of being homosexual. Police took the men to hospitals, where forensic doctors penetrated their rectums, with their fingers or with other objects, purportedly to determine the tone of the anal sphincter. The tests are based on antiquated and erroneous theories that one can identify physical changes in the anus of a person who practices receptive anal sex. The UN Special Rapporteur on torture has said that forced anal examinations amount to torture or cruel, inhuman, and degrading treatment.