MCGREGOR
MOST PEOPLE will readily assert that prostitution is against the law. Yet, women who are perceived to be 'ladies of the night' are often observed on the streets of the Corporate Area, and they seem to offer their services openly and without fear of prosecution. This begs the question as to whether prostitution is, in fact, illegal.
WHAT IS THE LAW?
The answer lies in the provisions of the Offences against the Persons Act. Oddly enough, the sale of sexual favours or prostitution is not expressly prohibited. Instead, the following actions are unlawful under the act:
For any person to procure a girl who is under 18 years of age, who is not a prostitute or of known immoral character, to become a prostitute. A person will not be convicted of this offence on the evidence of one witness, only. The witness must be corroborated.
For a man to live wholly or in part on the earnings of prostitution. He may also commit an offence if he lives with or is habitually in the company of a prostitute.
A person commits an offence if he or she exercises control or influences the movements of a prostitute in a way which demonstrates that he or she is aiding, abetting or compelling prostitution.
To encourage the seduction or prostitution of a girl who is under 16 years of age, in respect of whom a person has care or custody.
To keep, operate or manage a brothel. A landlord or tenant who knowingly permits the premises to be used as a brothel also commits an offence.
To allow a child between the ages of four and 16 years in respect of whom a person has care or custody to reside in or frequent a brothel.
For a man to persistently solicit in a public place for immoral purposes (in respect of sexual conduct).
The offences outlined above attract fines ranging from $200.00 to $2,000.00 and/or terms of imprisonment ranging from three months to three years. In addition, a man may be sentenced to a private whipping if he is found guilty of living on the earnings of prostitution, or for procuring a girl under 18 years of age to commit prostitution.
PROPOSED AMENDMENTS
On October 10, 1995, a bill was published to amend the act to make the offences gender neutral by making references to male, as well as female, prostitution. If passed in its current state, the new act will not provide for whipping or fines as a penalty for committing any of the offences, but it will increase the maximum term of imprisonment to five years, in some cases.
Prostitution is lawful in The Netherlands, and it has been reported in some quarters that revenues of US$1 billion per year are earned in the industry. However, it is hardly likely that Jamaica will proceed along those lines, while the moral issues continue to abound and HIV/AIDS epidemic remains rampant. Instead, we ought to press ahead with debates on the proposed amendments to the Offences against the Person Act in relation to all sexual offences to make the provisions more current, especially in terms of gender bias, penalties and fines.
Sherry-Ann McGregor is an attorney-at-law and mediator with the firm Nunes, Scholefield, DeLeon & Co. Send feedback and questions to lawsofeve@yahoo.com.
