MONTEGO BAY, St James — A woman whose 13-year-old daughter spent three days with a man in another parish before the police intervened during a traffic stop has been charged with cruelty to a child.

The woman’s name is being withheld to protect the identity of her child, who is a minor.

The woman is now out on bail and her trial is expected to begin on May 20. She has been charged with cruelty to a child as the court believes it is the most appropriate, under the circumstances. The woman appeared in St James Parish Court on Thursday before Presiding Judge Natiesha Fairclough-Hylton. She is being represented by attorney-at-law Jermaine Campbell.

According to court records, on Saturday, December 23, 2023 the 13-year-old complainant made arrangements with a 19-year-old male to go to his home in Westmoreland. The plan was for her to attend Grand Market, for which her mother allegedly gave permission.

The woman allegedly left $3,000 on her dresser to help cover her daughter’s transportation costs.

The young girl then packed a bag and went to her mother’s workplace to wait for the 19-year-old male, whom she allegedly met on social media.

The 19-year-old subsequently arrived at the mother’s workplace in St James to pick up the minor, where the accused woman warned her daughter to be careful and reminded her to return home on Monday, December 25.

“Mek sure yuh come home Monday,” the woman is alleged to have said to her daughter.

The court was told that the mother met the 19-year-old for the first time when he came to her workplace to pick up her daughter.

The 19-year-old and the young girl then left the location and went to the bus park. They then boarded a bus heading to Westmoreland.

According to court records, the minor spent Saturday at the 19-year-old’s house before meeting a man in Westmoreland on Sunday. She went to his house, where they had sexual relations, and she remained there until Tuesday, December 26. Sex with a minor is illegal.

On that same day, around 11:00 am, the police stopped the vehicle in which the man and the young girl were travelling and took them to the Savanna-la-Mar Police Station.

It was also disclosed that the teenage girl and her boyfriend later ended their relationship, and she became involved with the 19-year-old.

During Thursday’s hearing the court clerk argued that the mother intentionally neglected and abandoned the child by allowing her to leave with a man who had no familial or social ties to them.

However, Fairclough-Hylton stressed that while a responsible mother would never act in that way, it does not constitute the criminal offence of neglecting one’s own child.

The court clerk recounted the conversation the child had with her mother in which she mentioned her intention to spend two days, and noted that it wasn’t until December 26 that the police had to intercept the vehicle and take them into custody.

During his arguments defence attorney Campbell stated that the minor was supposed to return on Monday, and that the mother had been calling her phone, which had gone dead.

“Based on the Crown’s file, it is not [the 19-year-old] who the child is alleged to have had sexual intercourse with. [He] sent back the child and the child left,” Campbell said, but the clerk refuted the lawyer’s claims.

Campbell then read a section of the statement in which the complainant stated, “Mi mother called and asked mi what time I was coming home, and mi tell her seh in the evening. She tell mi seh she a go in a MoBay town to wait for mi. Mi neva answer when mi mother a call mi because mi neva have nuh money to go back down.”

The court clerk then emphasised her point about wilful neglect, noting that after a certain number of days, the mother failed to report the child missing.

However, in response the judge stated that there was no other section of the Child Care and Protection Act that addresses the mother’s actions other than cruelty to the child.

The case was subsequently set for trial and the mother’s bail extended.