SEXUAL offences account for more than half of the 730 felonies committed by children who have completed Jamaica’s Child Diversion Programme, according to the most recent report by rights watchdog Jamaicans for Justice (JFJ).

The report states that sexual offences, as defined by the Sexual Offences Act (2009), account for 452 of the 730 types of offences committed by children who completed the programme, representing 62 per cent of cases.

According to the JFJ report, titled A Civil Society Review of the Diversion and Alternative Measures for Children in Conflict with the Law in Jamaica, of the 452 sexual offences matters, 308 (68 per cent) involve sexual intercourse with a person under 16, typically between consenting minors, as most lack additional charges or secondary counts.

This, “suggests that many referrals stem from adolescent relationships rather than predatory behaviour, highlighting the need for alternative interventions like comprehensive sexual education”.

The report, however, noted that 16 per cent of referred cases involve serious offences such as rape and grievous sexual assault which “raise concerns about the programme’s capacity to address complex cases”.

Additionally, JFJ said it important to note that, “some cases classified as grievous sexual assault involve digital penetration in consensual relationships between close-in-age minors”.

“Grievous sexual assault, which carries up to life imprisonment, can be tried in the parish court or Supreme Court, depending on its severity. While police have authority to divert minors for sexual intercourse with a minor under 16, they lack similar authority for grievous sexual assault, even in instances of digital penetration involving a 15-year-old boy and his 15-year-old girlfriend. This may mean that several grievous sexual assault cases inflate the perceived severity of circumstances,” JFJ contended in the report.

It said, “rape and attempted rape remain critical areas requiring targeted interventions to ensure appropriate diversion and rehabilitation”.

At the same time, the group pointed to the need for, “improved monitoring of youth reoffending rates”, which it has flagged as a critical issue.

The group said it had requested data around the rate of reoffending among children who have completed the programme but was told that such information is not collected. As such, it pointed out that, “there are incidents where one child was diverted for multiple offences”.

These, it said, were, “commonly reflected with the offences of buggery, rape, grievous sexual assault and indecent assault”.

JFJ went on to note that over the past decade, Jamaica has confronted rising rates of violent crime among youth. Data from the Jamaica Constabulary Force (JCF) indicate that children aged 12-17 were implicated in 875 major crimes from 2018 to 2021. For the three-year period 2022–2024 a total of 710 children were arrested for crimes including murder, shooting incidents, rape, and aggravated assault, as well as frequent offences like grievous sexual assault.

From 2022 to 2024, 17 children were arrested for murder, 93 for rape, 131 for assault occasioning bodily harm, 42 for possession of a prohibited weapon (ammunition), 20 for possession of a prohibited weapon, four for illegal possession of ammunition, and five for illegal possession of a firearm.

Additionally, 107 children faced charges for grievous sexual assault, 121 for sexual intercourse with a person under 16, and 43 for indecent assault.

According to the JFF, the prevalence of arrests among 14- to 17-year-olds is concerning, with Kingston and St Andrew showing the highest rates of juvenile crime, followed by St Catherine and St James.

Acknowledging calls for harsher penalties for children in conflict with the law, JFJ recommended amending the Child Diversion Act to include young adults aged 18-21 for less serious offences, which it says will address the nine per cent of referrals (99 boys) over 18, despite the under-18 eligibility criterion.

“Diversion should consider the offence’s nature and the young adult’s character, limited to prosecutors and courts. This aligns with the rehabilitative needs of young adults, similar to minors. The Act must also account for cases where children commit offences at 17 but are referred after turning 18, ensuring eligibility based on age at offence. This promotes restorative justice per CRC (Convention on the Rights of the Child) principles, reducing punitive outcomes,” JFJ argued.

Between March 2020 and January 2024 the programme received 1,517 referrals (1,138 males, 379 females). The courts diverted 1,234 children from March 2020 to June 2024, according to Court Administration Division data. The Jamaica Constabulary Force, specifically its Centre for Investigation of Sexual Offences and Child Abuse, contributed 218 referrals, which JFJ said indicates, “underutilisation by police despite their legal authority to refer”.

The Child Care and Protection Act (2004), and specifically the Child Diversion Act (2018), promote diverting children from the formal justice system, providing alternative interventions. The objective of the legislation is to reduce child incarceration, promote rehabilitation, and address underlying issues.

Jamaica’s Child Diversion Programme, operational since January 2020 under the Child Diversion Act (2018), aims to steer children in conflict with the law away from formal judicial proceedings and toward rehabilitative interventions instead. Governed by the Ministry of Justice, the programme prioritises rehabilitation over punishment, aligning with international frameworks such as the CRC and the Beijing Rules.

The number of children who have successfully completed the programme since inception is 690.