Clarify carnal abuse, please
Dear Mrs Macaulay,
I need you to explain the crime of carnal abuse, especially the misdemeanour part when a young man of 20-23 believes the girl is older than 16. It is confusing to me and my friends.
Confused
Dear Confused,
The offence of unlawful and carnal knowledge and abuse is split into two parts in the Offences Against the Person Act. There is that which is a felony and which relates to girls under the age of 12. The maximum penalty on conviction is life imprisonment. Conviction for the offence of an attempt to have carnal knowledge of a girl under 12 years of age invites the maximum penalty of 10 years.
You should note that under Statement of the Substantative Offence, the words ‘unlawfully and carnally know and abuse’ are used. However, in the Statement of the Attempt, the words are ‘attempt to have carnal knowledge’. Does the use of the word ‘unlawfully’ imply that there may be lawful instances of carnal knowledge and abuse? Hardly likely.
This is also the same with the sections dealing with abortion in the Act, which also has the word ‘unlawfully’. These types of provisions invariably lead to confusion in the public mind. The continued use of the word ‘carnal’ also does not assist clear understanding in the lay public.
Carnal knowledge is sexual intercourse with a child under the age of consent. This is a statutory offence, popularly known as ‘statutory rape’. Full penetration is not necessary for the offence – the slightest penetration is enough.
Carnal abuse is an act of debauchery of the female sexual organs by those of the male, which does not amount to penetration. Carnal knowledge of a young girl includes carnal abuse.
The second part of the split relates to girls between the ages 12 and 16. Again the words used are ‘unlawfully and carnally know and abuse’. This offence is classified as a misdemeanour and the maximum penalty is seven years. I don’t understand why it is so low, except to conclude that as our MPs are mostly male, they obviously did not feel that sexually abusing a girl of 12 and a half years of age or up to her 16th birthday is so bad.
But, however you look at it, it is debauchery. The offence carries the idea of carnal knowledge aggravated by assault, violent seduction and ravishment. When will young girls no longer be treated as lambs ready
for slaughter?
The offence of unlawfully carnally knowing and abusing a girl about the age of 12 and below the age of 16 years bears a statutory defence for a first offender. If the man is 23 years old or under (not 24 years), and he adduces ‘acceptable’ evidence that he had reasonable cause to believe that the girl he ravished was over the age of 16 years and it was his first charge for such an offence, it will be a valid and complete defence to the charge.
In other words, he will go free unless the ravishment was so violent as to negate any claim of a purported consent from a person of the purported legal age of consent. In these circumstances, the violence of the carnal knowledge and abuse would clearly spell statutory rape.
I really think it will be helpful when these provisions are amended that clear and simple modern words are used which can be readily understood by the majority of people.
There should also be public information and education on the harmful physical and medical consequences of sexual initiation of young girls too early, whether ‘gentle’ – if there can be such a thing – or violent.
I trust this clarifies the law as it relates to carnal knowledge and abuse and that understanding persons will lobby their MPs to
bring our sexual offences legislation up to present-day knowledge
and understanding.
Margarette May Macaulay is an attorney-at-law and a women’s and children’s rights advocate. Send questions and comments via email to allwoman@jamaicaobserver.com or fax to 968-2025. We regret we cannot supply personal answers.
