KINGSTON, Jamaica — Minister of Justice Delroy Chuck says that while the parliamentary committee, which reviewed sexual offences legislation, rejected increasing the age of consent, they recommended legislation to prevent the criminalisation of children.

“The committee was of the view that the age of consent should remain at 16 years, and a provision should be included in the law to prevent the criminalisation of children where they willingly engaged in sexual activities with each other.”

He said that, accordingly, it was agreed that:

(i) There should be a close-in age range of four years for the exception to apply;

(ii) where both parties are under 17 years old, they would be sent to Child Diversion or dealt with by such other order under the Child Care and Protection Act;

(iii) in respect of children under the age of 12 years old (who cannot commit an offence under the law), provisions should be included in the Child Care and Protection Act that allows the Children’s Court to make an appropriate order; and

(iv) for persons up to the age of 19 years, the options would be counseling, probation or other available remedy.

The minister was opening the debate on the Report of a Joint Select Committee of Parliament which was appointed to complete the review of the Sexual Offences Act, along with the Offences Against the Person Act, the Domestic Violence Act and the Child Care and Protection Act on Tuesday at Gordon House.

The report was tabled in the House in December 2018, but is just now being debate following which a vote will be taken on whether it should be forwarded to the Cabinet for approval.

Chuck noted that it was also recommended that the penalties for offences in all four pieces of legislation should be reviewed and increased to make them a deterrent.

“This is particularly where the criminal acts are committed against the most vulnerable groups in the society. Such offences will be treated as an aggravating offence which may attract an additional penalty, for example a mandatory minimum of 20 years,” he said.

He also informed the House that the committee, which he had chaired, also recommended that a new offence of stalking should be created.

Balford Henry