JAMAICA: Proposal to decriminalize sexual activities among children back on table

The Jamaica Gleaner– A suggestion that Jamaica enact legislative changes that would prescribe social intervention and not criminal prosecution for children engaging in sexual activities is back on the table amid an “alarming” number of sex-related cases that are before the circuit court for Kingston and St Andrew.

Sexual offences accounted for 363 of the 1,034 cases listed for the Hilary term of the Home Circuit Court, which began yesterday.

Murders account for 391, according to statistics released by the Office of the Director of Public Prosecutions.

The 363 sexual offences cases include 156 for the offence of having sexual intercourse with a person under 16 years old. Rape accounted for 164 cases; there are 15 cases of buggery; and nine cases of sexual touching.

Claudette Thompson, the country’s acting chief prosecutor, disclosed that children are the complainants in “many” of the sexual offences cases.

“That causes us to be even more alarmed,” Thompson said yesterday during the ceremonial opening of the new court term.

Children’s Advocate Diahann Gordon Harrison believes it time for lawmakers to amend the Sexual Offences Act to include a “close-in-age exception”.

This clause, Gordon Harrison explained, would still red-flag the problem of children engaging in sexual activities, but would instead prescribe a public health response with “intervention and guidance”.

“Really, just some kind of redirecting in terms of responsible sexual behaviour and the choices that they are making. When we just have a knee-jerk reaction to place them before the court, it does not deal with the root issues,” she told The Gleaner yesterday.

“What has been a very interesting feature for me is that we continue to criminalise two 15-year-olds, who claim that they are in love, and I think that we are missing the ball,” she added

Justice Minister Delroy Chuck disclosed yesterday that the proposal, which was first made to Parliament four years ago, “is now being acted on” and would have a four-year difference

“So, a 19-year-old having sex with a 15-year-old will not be prosecuted,” said Chuck, while noting he would check to find out “where we are with the legislation”.

Gordon Harrison acknowledged that she has not seen a breakdown of the data related to the offence of having sex with a minor to indicate how much of it is “child-on-child” sex and how much is predatory behaviour by adults interfering with children.

But she said if the vast number of cases of sexual intercourse with a person under 16 years old are “criminalising youngsters who are experimenting”, that may not be efficient use of the limited law enforcement resources.

“I believe that sexual offences are such a violation that we need to preserve our resources and our energy in terms of having police officers investigate predatory behaviour where you have persons in authority who are violating children under 16 and those who are taking advantage of youngsters for a number of different reasons,” the children’s advocate said.

A total of 1,032 cases – a majority of which have traversed previous court terms – are listed for the 15-week Hilary term.

“If we were to count the days, there aren’t as many days as matters. So priority will have to be given to the older matters,” Thompson, the acting director of public prosecutions, noted.

“The oldest matters because the longer the matter stays on the list, [there’s a] risk to both the prosecution and defence,” she said, noting that witnesses either die, migrate or move on with their lives and are no longer interested in giving evidence.

Advertise with the mоѕt vіѕіtеd nеwѕ ѕіtе іn Antigua!
We offer fully customizable and flexible digital marketing packages.
Contact us at [email protected]