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  • 1. Source: http://www.actwin.com/eatonohio/gay/world.htmJAMAICA LAWS: 1. Has a sodomy law, punishable with up to 10 years imprisonment and hardlabor. A penalty of up to 7 years imprisonment, with or without hard labour, is provided foranyone attempting to commit homosexual acts or an "indecent assault" on another male person.NOTE: 1. K.D. Knight, Justice Minister, is anti-gay.2. Burchell Whiteman, Education Minister, is anti-gay.Source: http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/Jamaica - Jamaïque - Jamaica KingstonI. Ages for legal purposesAge of consent for sexual activitiesIn Jamaica the age of legal consent for sexual activities is sixteen (16) years old.Age of consent for the marriageThe age of consent for the marriage is eighteen (18) years old.II. Rape‘Rape’, Article 44, " Offences Against the Person "" (1) Whosoever shall be convicted of the crime of rape shall be guilty of felony, and beingconvicted thereof, shall be liable to imprisonment for life.(2) A person who is convicted of an attempt to commit rape-(a) where at the time of the attempt he was armed with a dangerous or offensiveweapon or instrument shall be liable to imprisonment for a term not exceeding tenyears; and(b) in any other case shall be liable to imprisonment for a term not exceeding sevenyears.(3) For the purposes of this section a firearm or imitation firearm shall, notwithstanding that it isnot loaded or is otherwise incapable of discharging any shot, bullet or other missile, be deemedto be an offensive weapon or instrument.(4) In this section-‘firearm’ means any lethal barrelled weapon of any description from which any shot,bullet or other missile can be discharged;‘imitation firearm’ means anything which has the appearance of being a firearm, whetherit is capable of discharging any shot, bullet or other missile or not. "II. Other forms of child sex abuse
  • 2. ‘Aggravated assault on women or children’, Article 40, " Offences Against the Person "" When any person shall be charged before a court of summary jurisdiction with an assault orbattery upon any male child whose age shall not, in the opinion of such court, exceed fourteen(14) years, or upon any female either upon the complaint of the party aggrieved or otherwise, thesaid court, if the assault or battery is of such an aggravated nature that it cannot, in theiropinion, be sufficiently punished under the provisions hereinbefore contained as to commonassaults and batteries, may proceed to hear and determine the same in a summary way, and if thesame be proved, may convict the prisoner accused; and every such offender shall be liable toimprisonment with or without hard labour for a term not exceeding six months, or to pay a finenot exceeding (together with costs) the sum of forty dollars; and, if the court shall so think fit, inany of the said cases, shall be bound to keep the peace, and be of good behaviour for a period notexceeding six months from the expiration of such sentence. "‘Punishment for common and aggravated assault’, Article 43, " Offences Against the Person "" Whosoever shall be convicted upon an indictment of any assault occasioning actual bodilyharmshall be liable to be imprisoned for a term not exceeding three years, with or without hard labour;and whosoever shall be convicted upon an indictment for a common assault shall be liable, to beimprisoned for a term not exceeding one year, with or without hard labour. "‘Carnally knowing a girl under twelve (12)’, Article 48, " Offences Against the Person "" (1) Whosoever shall unlawfully and carnally know and abuse any girl under the age of twelve(12) years shall be guilty of felony, and, being convicted thereof, shall be liable to imprisonmentfor life.(2) Any person who is convicted of an attempt to have carnal knowledge of any girl under theageof twelve (12) years shall be liable to imprisonment for a term not exceeding ten years. "‘Above twelve (12) and under sixteen (16)’, Article 50, " Offences Against the Person "" Whosoever shall unlawfully and carnally know and abuse any girl being above the age oftwelve (12) years and under the age of sixteen (16) years shall be guilty of a misdemeanour, andbeing convicted thereof, shall be liable to imprisonment for a term not exceeding seven years ;Provided that in the case of a man of twenty-three years of age or under, the presence ofreasonable cause to believe that the girl was over the age of sixteen years shall be a valid defenceon the first occasion on which he is charged with an offence under this section. "‘Indecent assault’, Article 53, " Offences Against the Person "" Whosoever shall be convicted of any indecent assault upon any female, or of any attempt tohavecarnal knowledge of any girl under sixteen (16) but not under twelve (12) years of age, shall beliableto be imprisoned for a term not exceeding three years, with or without hard labour. "
  • 3. ‘Consent of young person to be no defence in indecent assault’, Article 54, " Offences againstthe person "" It shall be no defence to a charge or indictment for an indecent assault on a young person underthe age of sixteen (16) years to prove that he or she consented to the act of indecency. "‘Forcible abduction’, Article 56, " Offences Against the Person "" Whosoever shall by force take away or detain, against her will any woman of any age, withintent to marry or carnally know her, or cause her to be married or carnally known by any otherperson, shall be guilty of felony, and, being convicted thereof, shall be liable to be imprisonedfora term not exceeding fourteen years, with or without hard labour. "‘Abduction of a girl under sixteen (16)’, Article 57, " Offences Against the Person "" Whosoever shall unlawfully take, or cause to be taken any unmarried girl, being under the ageof sixteen (16) years, out of the possession and against the will of her father or mother, or of anyother person having the lawful care or charge of her shall be guilty of a misdemeanour, and,being convicted thereof, shall be liable to be imprisoned for a term not exceeding three yearswithor without hard labour. "‘Abduction of a girl under eighteen (18) with intent to have carnal knowledge’, Article 60, "Offences Against thePerson "" Any person who with intent that any unmarried girl under the age of eighteen (18) years shouldbeunlawfully and carnally known by any man, whether such carnal knowledge is intended to bewithany particular man, or generally, takes or causes to be taken such girl out of the possession andagainst the will of her father or mother, or any other person having the lawful care or charge ofher,shall be guilty of a misdemeanour, and being convicted thereof shall be liable to be imprisonedfor aterm not exceeding three years, with or without hard labour ;Provided that it shall be a sufficient defence to any charge under this section if it shall be made toappear to the court or jury that the person so charged had reasonable cause to believe that thegirl was of or above the age of eighteen (18) years. "‘Unlawful detention with intent to have carnal knowledge’, Article 61, " Offences Against thePerson "Any person who detains any woman or girl against her will-(a) in or upon any premises with intent that she may he unlawfully and carnallyknown by any man, whether any particular man or generally; or(b) in any brothel, shall be guilty of a misdemeanour, and being convicted thereof,
  • 4. shall be liable to be imprisoned for a term not exceeding three years, with orwithout hard labour.Where a woman or girl is in or upon any premises for the purpose of having any unlawful carnalconnection, or is in any brothel, a person shall be deemed to detain such woman or girl in orupon such premises or in such brothel, if, with intent to compel or induce her to remain in oruponsuch premises or in such brothel, such person withholds from such woman or girl any wearingapparel or other property belonging to her, or, where wearing apparel has been lent or otherwisesupplied to such woman or girl by or by the direction of such person, such person threatens suchwoman or girl with legal proceedings if she takes away with her the wearing apparel so lent orsupplied.No legal proceedings, whether civil or criminal, shall be taken against any such woman or girlfor taking away or being found in possession of any such wearing apparel as was necessary toenable her to leave such premises or brothel. "‘Power of search’, Article 62, " Offences Against the Person "" (...)A woman or girl shall be deemed to be unlawfully detained for immoral purposes if she is sodetained for the purpose of being unlawfully and carnally known by any man, whether anyparticular man or generally, and-(a) either is under the age of sixteen (16) years; or(b) if of or over the age of sixteen years, and under the age of eighteen (18) years,is so detained against her will, or against the will of her father or mother or of anyother person having the lawful care or charge of her; or(c) if of or above the age of eighteen (18) years is so detained against her will.(...) "IV. Child prostitution‘Procuring defilement of a girl under eighteen (18)’, Article 45, " Offences Against the Person "" Whosoever shall, by false pretences, false representations, or other fraudulent means, procureany woman or girl under the age of eighteen (18) years to have illicit carnal connection with anyman, shall be guilty of a misdemeanour, and, being convicted thereof, shall be liable to beimprisoned for a term not exceeding three years, with or without hard labour. "‘Householder, etc., inducing or encouraging defilement of a young girl on his premises’, Article51, " Offences
  • 5. Against the Person "" Any person who, being the owner or occupier of any premises, or having, or acting or assistingin, the management or control thereof, induces or knowingly suffers any girl of such age as is inthis section mentioned to resort to or be in or upon such premises for the purpose of beingunlawfully and carnally known by any man, whether such carnal knowledge is intended to bewith any particular man or generally-(a) shall, if such girl is under the age of twelve (12) years, be guilty of felony, andbeing convicted thereof shall be liable to be imprisoned for life, with or withouthard labour; and(b) if such girl is of or above the age of twelve (12) and under the age of sixteen(16) years shall be guilty of a misdemeanour, and being convicted thereof shall beliable to be imprisoned for a term not exceeding five years with or without hardlabour. "‘Custody of girls under sixteen (16)’, Article 52, " Offences Against the Person "" Where on trial of any offence under this Act it is proved to the satisfaction of the court that theseduction or prostitution of a girl under the age of sixteen (16) years has been caused,encouraged,or favoured by her father, mother, guardian, master or mistress, it shall be in the power of thecourtto divest such father, mother, guardian, master or mistress, of all authority over her, and toappointany person or persons willing to take charge of such girl to be her guardian until she has attainedthe age of eighteen (18), or any age below this as the court may direct, and a Judge of theSupremeCourt shall have the power from time to time to rescind or vary such order by the appointment ofany other person or persons as such guardian, or in any other respect. "‘Procuration’, Article 58, " Offences Against the Person "" (1) Any person who-(a) procures or attempts to procure any girl or woman under eighteen (18) years ofage, not being a common prostitute, or of known immoral character, to haveunlawful carnal connection, either within or without this Island, with any otherperson or persons; or(b) procures or attempts to procure any woman or girl to become, either within orwithout this Island, a common prostitute; or(c) procures or attempts to procure any woman or girl to leave this Island, withintent that she shall become a prostitute, or an inmate of, or frequent a brothelelsewhere; or
  • 6. (d) procures or attempts to procure any woman or girl to leave her usual place ofabode in this Island (such place not being a brothel), with intent that she may, forthe purposes of prostitution, become an inmate of or frequent a brothel within orwithout this Island,-shall be guilty of a misdemeanour, and being convicted thereofshall be liable to be imprisoned for a term not exceeding three years,with or without hard labour.Provided that no person shall be convicted of any offence under thissection upon the evidence of one witness, unless such witness becorroborated in some material particular by evidence implicatingthe accused.(2) Any male person who is convicted under subsection (1) may, in addition to any term ofimprisonment awarded in respect of the said offence, be sentenced to be once privately whippedand the number of strokes and the instrument with which they shall be inflicted shall be specifiedby the court in the sentence.(3) Any member of the Jamaica Constabulary Force above the rank of corporal may take intocustody without a warrant any person whom he shall have good cause to suspect of havingcommitted, or of attempting to commit, any offence against subsection (1). "‘Procuring defilement of a woman by threats or fraud, or administrating drugs’, Article 59, "Offences Againstthe Person "" Any person who-(a) by threats or intimidation procures or attempts to procure any woman or girl tohave any unlawful carnal connection, either within or without this Island ; or(b) by false pretences or false representations procures any woman or girl, notbeing a common prostitute or of known immoral character, to have any unlawfulcarnal connection, either within or without this Island ; or(c) applies, administers to, or causes to be taken by any woman or girl any drug,matter, or thing, with intent to stupefy or overpower so as thereby to enable anyperson to have unlawful carnal connection with such woman or girl ;(d) has or attempts to have unlawful carnal connection with any woman or girl,when partially or entirely stupefied or overpowered as aforesaid, shall be guilty ofa misdemeanour, and being convicted thereof shall be liable to be imprisoned for aterm not exceeding three years, with or without hard labour.Provided that no person shall be convicted of an offence under this section upon the evidence ofone witness only, unless such witness be corroborated in some material particular by evidenceimplicating the accused. "
  • 7. ‘Living on the earnings of prostitution’, Article 63, " Offences Against the Person "" (1) Every male person who :(a) knowingly lives wholly or in part on the earnings of prostitution; or(b) in any public place persistently solicits or importunes for immoral purposes,-shall on summary conviction before a Resident Magistrate be liableto imprisonment, with or without hard labour, for a term notexceeding twelve months.(2) If it is made to appear to a Resident Magistrate by information on oath that there is reason tosuspect that any house or any part of a house is used by a female for purposes of prostitution, andthat any male person residing in or frequenting the house is living wholly or in part on theearnings of the prostitute, the Resident Magistrate may issue a warrant authorising any constableto enter and search the house and to arrest that male person.(3) Where a male person is proved to live with or to be habitually in the company of a prostitute,or is proved to have exercised control, direction, or influence over the movements of a prostitutein such a manner as to show that he is aiding, abetting, or compelling her prostitution with anyother person or generally, he shall, unless he can satisfy the court to the contrary, be deemed tobe knowingly living on the earnings of prostitution.(4) Every female who is proved to have, for the purposes of gain, exercised control, direction, orinfluence over the movements of a prostitute in such a manner as to show that she is aiding,abetting, or compelling her prostitution with any person, or generally, shall on summaryconviction before a Resident Magistrate be liable to imprisonment with or without hard labourfor a term not exceeding one year.(...) "‘Encouraging prostitution of a girl under sixteen (16)’, Article 64, " Offences Against the Person"" (1) If any person having the custody, charge, or care of a girl under the age of sixteen (16)yearscauses or encourages the seduction, unlawful carnal knowledge, or prostitution of, or thecommission of an indecent assault upon her, he shall be guilty of a misdemeanour and shall beliableto imprisonment for any term not exceeding three years.(2) For the purposes of this section a person shall be deemed to have caused or encouraged theseduction, unlawful carnal knowledge, or prostitution of, or the commission of an indecentassault upon a girl who has been seduced, unlawfully carnally known or indecently assaulted, orwho has become a prostitute, if he has knowingly allowed her to consort with, or to enter orcontinue in the employment of, any prostitute or person of known immoral character. "
  • 8. V. Child pornographyJamaica does not have a statutory law that prohibits pornography. It is a Common Law offenceanda person may be prosecuted for it. There is no separate law prohibiting child pornography, whichfalls under the same Common Law offence.http://www.ageofconsent.com/jamaica.htmFix to oppose:Simone Steele and SriyaSmalling, both students of Northern Caribbean University (NCU), feelmost teenagers at 16 are incapable of making responsible decisions and so should not be legallyallowed to have sexual intercourse."Sex is a big deal and people make it seem so casual ... when it really isnt. Most young people atage 16 dont know themselves. They dont know what profession they would like to pursue,theydont how to get there," Steele opined.Smalling contested that youth are not being educated or being psychologically prepared to makeresponsible choices."What we want to do is encourage our young persons to make good decisions ...," she said.Raise it! Youth want age of consent liftedpublished: Saturday | July 7, 2007Gareth Manning, Sunday Gleaner Reporter98878988Perhaps the society has been tacitly encouraging promiscuity and we are now having to face up to itsstark and dangerous consequences.98988989Why raise age of consent?RECENTLY SOME CHILDRENS welfare groups proposed that the age of consent be raised to18 years. This, they say, would among other things, help reduce the number of sexualoffences being committed against minors and protect young girls.Personally, I think this is a complete waste of time because of one reason and one reasononly. Are we saying that if we raise the age of consent sick-minded men are going to wantto have sex with only girls above 18?
  • 9. You have got to be kidding. If these people who want the age of consent raised reallybelieve that rapists and sexual predators are going to say, Hmmm, so now I have to rapeonly girls above 18, theyre more naive than anyone could have imagined.Look, there are men out there who no matter what the age of consent is 0-100 years, theyhave no interest in anything but some 12 or 14-year-old flesh. I know a guy, who for him, a16-year-old is an old woman. Should he be in prison, yes. That he isnt is what the realproblem is, not the age of consent.The other day, some man who claims he is the human incarnation of God - which prettymuch explains his state of mind - appeared on a programme on television, telling all ofJamaica, or those who cared to watch, that he intends on having sex with his daughterswhen the time is right. Now, if we were serious about protecting our young girls, his buttwould have been in prison as soon as that show ended. But is he? I doubt it.The problem in this country is that we turn a blind eye to too much of the real crap thatgoes on. Many of us know of a 65-year-old man who has a sweet tooth for underage femaleflesh and we watch as he wines and dines her, then impregnates her and then we call herwutliss. We all know of the taxi driver who likes the school girls and is often seen out atnight with them, sometimes in uniform, sometimes not. Most of us know of the man in ourcommunity who sexually abuses his daughter night after night. And what do we do?Nothing.There are already laws in place that protect little girls and women in general. What we needto do is give those laws real teeth.If, for example, we find, try and convict a sexual offender, after he is released from prison,we register him and monitor him wherever he goes, he is compelled by law to notify thepolice who then issue an advisory to the community that there is a convicted sexualpredator among them.Prior to that, depending on the severity of the offence, we neuter him, like we would a dog.Also, he goes back to prison for life if he uses his mouth (since he would have no furtheruse of the offending organ) to commit any sexual offence, and that ranges from using lewdand lascivious language to performing cunnilingus on his victim, if he is of that inclination.For those predators whose tastes are more for little boys, well, putting the offending toolinto a meat grinder while it is still attached to him wouldnt be a bad option.This might sound draconian but we must decide what we want and what is more importantto us. There are way too many little girls and women not to mention little boys out therewho have been scarred for life by a sexual predator and it is time we made some tangiblemove to curb their nasty little urges.http://jamaica-star.com/thestar/20040116/cleisure/cleisure2.htmlChildrens advocate urges caution inincreasing age of consent
  • 10. ALICIA DUNKLEY, Observer staff reporterSaturday, February 10, 2007 TweetChildrens Advocate Mary Clarke has urged the committee considering the OffencesAgainst the Persons Act to treat with caution suggestions that the age of consent beincreased from 16 to 18 years.The childrens advocate, who was responding to the latest suggestion from Commissioner ofCorrections Major Richard Reese that the age be increased, argued that the legislation shouldseek to protect children and not "increase criminalisation of children".According to Clarke, while her personal stance was that teenagers should wait until maturitybefore initiation, moving the age of consent posed further danger."The information we are getting is that teenagers are hiding from well-needed treatment becauseof the age of consent; there have been reports of them not going to the clinics when they need tobecause they are afraid of what will happen to their partners," Clarke told the committee onThursday."We have to look carefully at the age of consent and the extent to which we are going tocriminalise," Clarke said. "Victims become secondary victims when they fear to access necessarytreatment," she added.Reese, in his submission to the committee, argued that the age of consent be raised to 18 years as"at the age of 16 a child is still economically dependent on his parents".According to Reese, raising the age would help children to postpone their early sexualinvolvement and focus on preparation for adulthood.Second vice-president of the Press Association of Jamaica Hylton Dennis also objected stronglyto Reeses suggestion, arguing that with the countrys penal institutions now bursting at theirseams, asking for the age of consent to be increased would be "increasing the likelihood formore offenders to be brought to book"."Where will you put the additional offenders if you ask for those changes?" Hylton asked.In the meantime, Reese said his department was in support of the decision to abolish thecommon-law presumption that a child up to the age of 14 years was incapable of committingrape and other sexual offences, under the Incest (Punishment) Act, which is being consideredjointly with the Offences Against the Persons Act.
  • 11. He said: "When one looks at the trend within our society we observe an alarming increase ofchild perpetrators who have committed sexual offences. It is our duty therefore to arrest theproblem by instituting the appropriate laws and sanctions," Reese told the House committee.Noting that young persons between the ages of 12 and 14 years were involved in gangrape/battery of persons which sometimes occurs in schools and communities, Reese said it wasfelt that the majority of the children in this age group were sexually aware and understood theconsequences of their actions."From the Department of Correctional Services perspective we feel that the age difference is notthe issue but the treatment that should be applied," he told the committee.Reeses view, however, was once again at odds with that of the childrens advocate who hasargued that the presumption should be kept."We believe that there should be some discretionary powers depending on the maturity and theresponsibility of the child of that age group, but we would support the commissioner that weneed to look seriously at the treatment," Clarke said.Noting the importance of the issue, the attorney general and chair of the committee, Senator A JNicholson, recommended that both parties discuss the matter noting that the way to resolve theissue was to address the treatment.In the meantime, the commissioner said a formal treatment regime for sex offenders was beingdesigned with assistance from a Canadian counterpart which would take about eight months tobe implemented.Major Reese said there were 474 adult male sex offenders representing 10 per cent of the adultpopulation in the penal system. Noting that there was currently a database of sex offenderscovering a 10-year period, he advised that the reoffending rate was now being evaluated while adatabase for children was to be established, so trends there could also be monitored.Among the recommendations forwarded to the committee by the prisons boss was that a sexoffenders registry be established for monitoring and treatment purposes.The proposed reforms to the Offences Against the Persons Act include providing a statutorydefinition of rape and sexual intercourse, extending rape beyond vaginal penetration by a penis.In addition the offence of rape will become gender-neutral, meaning it can now be committed bya male or female against both male and female. It will also address the thorny issue of maritalrape and abolish the presumption that a boy under the age of 14 years cannot be found guilty ofrape on the grounds that boys do not attain puberty until age 14.The main areas of change for the Incest Punishment Act will be to create a single, gender-neutralincest offence by persons of 16 years and older, and broaden the scope of persons who can befound guilty of the offence to include, among others, aunts and uncles, nephews and nieces andpersons in loco parentis relationships (persons, not parents, in parental-type relationships with
  • 12. children). It also provides for the re-classification of the offence of incest as a felony, with amaximum penalty of life imprisonment (as is the case for rape).Read more: http://www.jamaicaobserver.com/news/118937_Children-s-advocate-urges-caution-in-increasing-age-of-consent#ixzz1qKyO43AGhttp://www.jamaicaobserver.com/news/118937_Children-s-advocate-urges-caution-in-increasing-age-of-consent