A parliamentary committee has recommended

that it should be made mandatory for sex offenders who have relocated or

returned to the island to register in the Sex Offender Registry in

Jamaica.

Failure to register will constitute an

offence, which may be punishable by imprisonment.

Minister of Justice Delroy Chuck made the

disclosure as he opened debate in the House of Representatives on Tuesday

(October 1), on the Report of the Joint Select Committee appointed to complete

the review of the Sexual Offences Act, the Offences against the Person Act, The

Domestic Violence Act and the Child Care and Protection Act.

Emphasis was placed on the offences and

punishment under these pieces of legislation with regard to murder of pregnant

women; assault and sexual offences against women, children and the elderly; and

such other violent crimes against women, children, the disabled and the elderly

as may be deemed necessary for the review.

Minister Chuck said the committee decided

against making any recommendations to change the laws relating to forced anal

penetration for fear of inadvertently repealing the offence of buggery.

“Accordingly, it was determined that the

committee did not have the power to effect that amendment or to recommend it

and that the matter should properly be considered by Parliament,” he said.

 “This Government has given its commitment to

invoking a referendum on the matter; however, I am urging my colleagues in this

House to carefully consider the issue and make their recommendations. This also

applies to abortion,” he noted.

In relation to HIV, the committee

recommended that it should be a criminal offence for someone to wilfully or

recklessly infect a partner with any sexually transmissible disease that can

inflict serious bodily harm to that partner, but like the issue of abortion,

should be considered by Parliament as a whole.

Chuck said the intention is to clarify the

law by codifying the common law position.

Regarding marital rape, section five of the

Sexual Offences Act provides that certain conditions must be met before it is

determined that a husband can rape his wife.

Mr. Chuck said the committee recommended

that those conditions must be removed to retain one qualification for rape that

is non-consensual sex.

On the matter of age of consent, the

members were of the view that this should remain at 16 and a provision included

in the law to prevent the criminalisation of children, where they willingly

engage in sexual activities with each other.

Chuck said it was proposed that the

penalties for offences in all four pieces of legislation should be reviewed and

increased to make them a deterrent. It is also proposed that a new offence of

stalking should be created.

For the Domestic Violence Act, the Justice

Minister said the committee recommended a separate, Joint Select Committee of

Parliament should be established to carry out a comprehensive review of the

Act.

Debate was suspended on the report.