Sexually abused as a minor & still seeking justice

Dear Mrs Macaulay,

I’ve had a burning issue for years now and it seems to be going nowhere. I am a male, and I was molested at age 14 by a man in my community. Initially he was protecting me and to be honest, I was happy as I was always treated like a nobody, so to have him come around and protect me was a great feeling. My parents weren’t really around much, and I lived with my father and stepmom in an abusive home. This man molested me, and after I was molested I told my dad about it the same night, and out of fear, he advised me to keep quiet. I didn’t listen, and the next day I started telling everyone about it. It eventually got back to the man’s ears and he tried to kill me, but failed. I reported the matter to the Child Development Agency (CDA) and I was taken to a boys’ home. I went to court only once. This was in 2014, and it’s now 2024 and I still haven’t received any solid justice. The man is still walking freely and I am still hurting. I tried to reach out many times to the police officer who had the case, and I was advised that the officer was transferred and there is no record to show that the case is actually in process. Now I want to know what more can I do to get justice before I plan my act of revenge which will make me a wanted man. The system failed me and I am frustrated.

It is very unfortunate that you were not able to get your complaint dealt with in the Family Court when you were taken there. You say that the system failed you, but revenge is not a good or sensible idea, because even if you do not succeed in your action against him, your mere attempt would be enough to send you to prison. And, you are wrong in concluding that the system failed you. The system is inanimate; it is the people who work within the system who by their actions create success or cause failures.

I can understand how frustrated you must have been all these years, because every person you reported the man’s molestation of you to, did nothing — even your father who was afraid to do or say anything, and you were left to speak out openly.

You say you reported the matter, and yet the man was not arrested for first, molesting you, and then attempting to kill you. There seems to have been a failure by that office to act about the criminal offences committed against you. It seems to me that you were sent to the boys’ home and taken to the Family Court because they thought that you were in need of care and protection only. Another date must have been made for you to be taken back to court, because your matter would not have been heard on your first appearance, and all the necessary witnesses would have to be heard in the processing and hearing of your case.

I do not know why you were not taken back to court. This failure would have been caused by the officers in the boys’ home, the court’s office, and the CDA officer who should have been in court on that day for your case. And you yourself were at fault for not retaining the next date you were to be back in court, and pointing this out to those in charge at the home. It seems from your letter that you remained silent.

You also say that you tried to reach out to the police officer in the case, without saying how and when this police officer became involved in your matter. Was it the police officer in the courtroom of the Family Court? Because you never said that you reported the matter at any police station. You also say there was no record to show that your case was actually in process, and by this last statement, they would have said that there was no record of your complaint.

What more you can do to get justice? You can go to the court office of the Family Court where you were taken and ask for a search to be made for your case. You will have to give them the date, the day, month and year you had that singular court appearance, which I hope you remember; if not the day or month, then at least the year. There should be a record there about your appearance. The CDA ought to also have a record about your report to them and their decision to take you to the home. If and when you obtain information about you complaints either from the CDA or the court’s office or both of them, then, as the whole matter arose from the sexual molestation of a minor, I suggest that you go to the Children’s Registry and report that you had been sexually ill-treated and you need them to assist you to have your complaint legally resolved and tell them everything related to the man and identify him and what happened over the years. The Child Care and Protection Act established this office to deal with matters of this kind. Then there is the Children’s Advocate who you can also report everything to, and who can consider whether your situation warrants them to make the necessary arrangements for you to have legal representation now, which you ought to have had under the same Act when you were 14, and until you reached 18.

These are the only avenues that I can suggest. I am not saying that you shall succeed with these, but as I mentioned, the CDA and the Family Court ought to have some record of you and your matter, as indeed so should the boys’ home. The fact that your case seems to have fallen between cracks within the legal system is not new, but this is caused by human failure in the operations of their work. It is accepted that “it is human to err”, but 10 years delay and its resultant failure with regard to the resolution of a minor child’s case is shocking and unacceptable, and I must say that I am honestly shocked as I have never heard of a situation like yours.

I therefore hope that you succeed. Please do not even mention taking the law into your own hands. If all that I have suggested fails, then perhaps you should approach an investigative reporter at a media house and tell them your experience and they may decide to investigate and do a report on it all.

I hope I have clarified the position for you.

All the very best in your future life.

Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, notary public, and women’s and children’s rights advocate. Send questions via e-mail to allwoman@jamaicaobserver.com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5. All responses are published.