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Stabroek News



'Raise age of consent'
published: Friday | February 9, 2007

Earl Moxam, Senior Gleaner Writer


( L - R ) Reese and Clarke

If Major Richard Reese, the commissioner of corrections, had his way, the age of consent to sexual intercourse would be raised from 16 to 18.

That was the prison chief's strong recommendation when he appeared yesterday before a joint select committee of Parliament, considering amendments to laws dealing with sexual offences.

But, in a swift reaction, Children's Advocate Mary Clarke rejected that option, predicting that it would only serve to drive young people, who need assistance, further underground.

Rational Decisions

In his presentation, Major Reese pointed out that, at age 16, a child was still financially dependent on parents. "Raising the age (of consent) will help them to postpone their earlier sexual involvement and thereby focus on preparation for adulthood. This age (18 years) will also be consistent with the age when children are considered adults and are capable of making rational decisions," he argued.

But Mrs. Clarke would have none of it.

"Legislation should seek to protect children and not to increase criminalisation of children. We need to focus on protecting our children from exploitation, especially by adults," she stressed.

While accepting the desirability of having teenagers wait until they are "physically, emotionally and financially ready" for such demanding responsibilities, she argued that it was a fact of life that many of them were not waiting, and would not be influenced by more stringent legislation to conform.

"We have had reports, for example, of them not visiting the clinics when they need to because they are afraid of what would happen to their partner," she cautioned.

Shared concerns

On the political side of the committee, Sharon Hay-Webster, MP for South Central St. Catherine, told The Gleaner that, while she supported raising the age of consent, in principle, she also shared some of Mrs. Clarke's concerns.

"My worry is that we are going to be criminalizing a large number of young people who have been brought to that kind of behaviour by their socialization; by their parents who do not understand their role," she said.

Accordingly, Mrs. Hay Webster (of the governing People's National Party) wants any new legislative regime to include provisions for proper treatment of these young people rather than subjecting them to harsh sentences.

Senator Dorothy Lightbourne, of the opposition Jamaica Labour Party (JLP), told The Gleaner that her party would have to carefully consider the matter before adopting a position.

It was in the 1980's that Edmund Bartlett, Minister of Youth in the JLP administration, piloted the last legislative change, effectively raising the age of consent from fourteen to sixteen.

"We were having issues related to child sex abuse, including child pornography on video, which impelled us to raise the age of consent", he recalled, in an interview with The Gleaner.

Two decades later, those concerns, and more, loom even larger.

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