JFJ defends proposal to increase close-in-age exemption for consensual sex involving minors

 

Amid public backlash, Jamaicans for Justice (JFJ) has defended its call for a statutory defence that would allow age differences of up to five years in cases of consensual sexual activity involving minors.

 

The proposal has attracted criticism from Children's Advocate Diahann Gordon Harrison and criminologist Dr. Jason McKay, who argue that the expanded close-in-age exemption could effectively legalise sexual relationships between minors and adults, such as a 14-year-old and 19-year-old.

 

Speaking Monday on the Morning Agenda on Power 106, JFJ's Executive Director, Mickel Jackson, said the proposal would maintain criminal liability in cases where the age gap is more than two years apart, but would allow a statutory defence where the sexual activity was consensual and free from coercion. 

 

"A 19-year-old is still a teen and an adolescent. So if you look at how we define adolescent, it goes up to 19 years. And by the way, we're not promoting it, you know. What we're saying is, if it does happen, the question we have to ask ourselves in those scenarios, where it is still a close enough age... do we think we should have absolute criminalisation, prosecution taking place? Or should we have a situation where a defence can be raised and the judge can let the facts turn based on the particular case before the court?" she suggested. 

   

The JFJ has also proposed the decriminalisation of consensual sex between persons under the age of 16, which will make it not a criminal offence where the age gap is two years apart.

 

Meanwhile, criminologist Dr. Jason McKay, who was also a guest on the Morning Agenda, said legislators should not create a statutory defence for persons who engage in consensual sex with minors up to five years younger.

 

He argued that discretion in such cases should be left to judges.

 

Dr. McKay warned that a statutory defence could potentially shield a 19-year-old gang member who coerces a 14-year-old into sexual activity, "so it's wider than just the guy in sixth form that you're trying to save from a criminal record."

 

He explained that the police may not charge these individuals, if they know there is a defence in law.