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Asylum Judge: Gay Man “Was Never Physically Harmed” By Rape

Jim Burroway

March 22nd, 2009

How many women’s groups would remain silent over a case like this?

Senator John Kerry, Democrat of Massachusetts, has asked the Obama administration to grant asylum to a gay man who married an American citizen in Massachusetts and was later forced to return to Brazil.

The man, Genesio Oliveira, has been separated from his husband, Tim Coco, since August 2007, when he left the country after his request for asylum and an appeal were denied.

Mr. Oliveira asked for asylum in 2002, saying he was raped and attacked by a physician as a teenager in Brazil and feared persecution because of his sexuality. The Associated Press does not typically name rape victims, but Mr. Oliveira has spoken openly about his case.

In a letter sent Thursday to Attorney General Eric H. Holder Jr., Mr. Kerry said that Immigration Judge Francis L. Cramer had found Mr. Oliveira’s testimony to be credible and his fear of living in Brazil genuine. However, the judge denied the asylum claim, saying he “was never physically harmed” by the rape, the letter said. Mr. Kerry called the ruling “outrageous.”

Genesio now lives in a small apartment in Brazil, just blocks away from the man who raped him. He mostly stays in the apartment, afraid to go out.

Sen. Kerry has co-sponsored the Uniting American Families Act, which would allow gays and lesbians from other countries to become permanent residents in the U.S. based on their permanent relationship status with an American citizen.



March 22nd, 2009 | LINK

So does this mwean that anyone raped, be it man or woman is not harmed by rape?

Sad f**kers!

Jason D
March 22nd, 2009 | LINK

Uh, isn’t rape a crime because it is inheirently harmful?

Emily K
March 22nd, 2009 | LINK

Since when is rape a crime based largely on whatever physical harm it causes? You can leave the scene without any cuts (or maybe simply minor bruises) but the real injury is psychological. That’s why rapes are so likely to go unreported, and this is especially true among male victims. It’s extremely traumatizing and damaging to the psyche.

March 22nd, 2009 | LINK

Immigration Judge Francis Cramer believed that Mr. Oliveira had been raped, but declined the asylum petition claiming that Mr. Oliveira hadn’t been physically harmed by the rape.

Not only should Senator Kerry seek to overturn this ruling, but Judge Cramer should be under the microscope for egregious misconduct. It is inconcievable that he could accept that the rape occurred, and then blythely dismiss the event as being of no consequence. Anyone who can think this way has such poor judgement that they have no business being a judge.

Timothy (TRiG)
March 23rd, 2009 | LINK

That is absolutely outrageous.


Timothy Kincaid
March 23rd, 2009 | LINK

I wonder if Judge Cramer would think that the rape of someone he loved was not physically harmful and thus not worthy of avoiding.

Alex H
March 24th, 2009 | LINK

How did Francis L. Cramer become a judge?

Not physically harmed by rape? Please!

That has got to be the most outrageous thing I’ve ever heard.

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