Jamaica Desperately Needs to Change the Way We Address Sexual Crimes

Protect Our Daughters and Sons from Sexual Violence Poster By Shannay Porter

An 11-year-old boy recently sexually assaulted a 6-year-old girl at a primary school in Kingston, and the case has been sparking public outrage. 

It occurred on March 11, when the male student dragged the female student into a classroom to assault her. Following the news, there have been an uproar of public discourse and multiple comments calling for the release of the male student’s name as well as for criminal charges to be filed against him, however, under the Child Care and Protection Act, the age of criminal liability in Jamaica is 12 years old. This leaves the 6-year-old child to deal with the trauma of having her innocence stripped away while receiving no justice. 

Similarly, in February, officials reported that a man of unsound mind brutally assaulted and killed a 14-year-old girl, Price Johnson. These assaults are not few and far between; they occur often, and many go unreported while victims suffer in silence. 

They also cite a larger issue at hand - one that has been brewing beneath the surface for decades. Jamaica has been facing a sexual assault justice and victim protection crisis, and the outrage sparked by each assault doesn’t last long enough to catalyze significant change. Many victims whose stories are told only remain the trending news topic for a few days, then the coverage slows until the next attack. How long will we remain complacent with the lack of necessary action?

In Jamaica, the Sexual Offenses Act of 2009 is the law that governs the prosecution of sexual offenses such as rape. The most recent changes that were made to this law were over a decade ago, therefore, the act requires reform to safeguard citizens and prevent criminals from having the power to repeat their actions.

Furthermore, Jamaica’s sex offenders list is not public. It is confidential and only accessible to certain individuals and organizations who have legitimate interests, such as law enforcement. This begs the question, “Does the public not have legitimate reasons and rights to know the names and faces of the men and women who have committed these violent acts?”

Additionally, offenders are kept on the list for a minimum of 10 years, after which they may be eligible for termination of registration and reporting requirements. This also begs the questions, “Does the trauma of their actions have an expiration date?” and “When will their victims receive full recovery from the experience forced upon them?”

The current laws also do not make it a requirement for victims to be informed if their attackers move into their communities. This creates a lack of security for victims and their families while giving abusers free reign to move as they please. It also highlights the critical need for public awareness as this lack of transparency only protects the criminals while their victims live with the trauma and the potential of future victims becomes more likely.

Rapists do not deserve to live comfortably while their crimes are swept under the rug by the government and victims are facing the damages of being violated. Their names, addresses, and photographs should be public.

While those in opposition of a public registry argue that it could lead to public attacks and emphasize the importance of rehabilitating these individuals, this sentiment completely disregards the safety of the victims. It is important to recognize that it is an active choice to commit such violent acts and, when done, the choice is forcibly taken from the victims. Therefore, the rights and safety of victims and the general public must take precedence.

According to the Sexual Offences Act, the Minister, which is the Minister of National Security, Dr. Horace Chang, can create a regulation to publicize the registry among other actions, however, the regulation will need to be approved by Parliament to come into effect.

In June 2024, the Jamaica Gleanor reported that Dr. Chang had directed his ministry’s legal team to review the act stating, “I have asked the legal team within the Ministry of National Security to examine the law to determine the extent to which it allows for wider publication of the names of convicted sexual offenders. I have moved to have my team review the law in light of concerns that the list of stakeholders who should have access to the information should be wider.”

Since then, there have been no further updates; however, multiple sexual crimes have since been reported, which have left Jamaicans at home and abroad feeling angry and devastated. 

Sexual assault is not a crime that should be taken lightly. It is one of the vilest acts a human being can commit, and it must be appropriately addressed with empathy and consideration for the victim, strict consequences for the offender, and a sincere commitment by the law to ensure that offenders are not given the freedom to repeat this cruel act. As Jamaicans, as human beings, as survivors or potential victims, we must push our government to take the necessary actions to safeguard our women, children, elderly, disabled, and men. 

It is time to make rapists uncomfortable. Jamaican society, like many other countries around the world, has had a history of either condemning or not believing victims who speak up about their abuse. This has fostered a feeling of ease for offenders who feel supported by community members who turn a blind eye to the suffering victims. 

While the Sexual Offenses Act does need reform, the prevalent societal mindset concerning sex and sexual abuse also needs to change. Adults must stop blaming youths for promiscuity and should compassionately approach them and give them a platform to be seen and heard. Children and young adults who face issues stemming from their family life and experiences are turning to sex, drugs, alcohol, and other destructive methods to cope because they believe they have no one to turn to. Developing mentorship programs and providing mental health services will go a long way in providing youths with the care they may need. There should also be requirements for comprehensive sexual education and mental health courses in all Jamaican schools, beginning at the primary school level. We must be committed to especially protecting our youth and leaving no stone unturned for these vile people to live under.

In our efforts to condemn the perpetrators of sexual offenses, we must remember the names of the victims but must also never forget the names and faces of their attackers. It is time to spotlight these criminals by changing the narrative from “They were assaulted by…” to “They assaulted…”

Jamaica is a country that is rich in many great things and has bred many great people, yet issues like sexual assault continue to plague our society. While units such as the Center for Investigation of Sexual Offenses and Child Abuse (CISOCA) exist within the Jamaica Constabulary Force to investigate these crimes and be a sanctuary for survivors, there is still more work to be done. 

Among the previously mentioned solutions, the law also needs to expand its definition of sexual assault to omit any legal loopholes and create special exceptions regarding the age of criminal responsibility for serious crimes such as rape. In our communities, victims and vulnerable citizens must be made to feel safe and not ashamed to speak up but instead empowered. Without these changes, we continue to risk the safety and well-being of every victim, child, and vulnerable adult.