Police emphasise child protection in sexual offence cases

Jamaica’s laws recognise that children are particularly vulnerable and, therefore, require special protection from sexual exploitation, coercion, manipulation and abuse.

At the same time, the legal system acknowledges that children who come into conflict with the law should, where appropriate, be treated differently from adults.

The focus extends beyond punishment to include rehabilitation, accountability, behavioural reform and successful reintegration into society. This balance becomes particularly important in cases involving minors and sexual activity.

Detective Corporal Jason Peters of the Jamaica Constabulary Force (JCF) Centre for the Investigation of Sexual Offences and Child Abuse (CISOCA) informs that cases involving sexual intercourse with a person under the age of 16 account for approximately 55 per cent of the reports received by the agency’s Kingston and St Andrew office.

 “Under Jamaican law, a child under the age of 16 cannot legally consent to sexual intercourse. This offence is governed under the Sexual Offences Act. At CISOCA, this is the chief legislation that we use during our investigations. The law provides that any person who has sexual intercourse with a child under the age of 16 years old commits a criminal offence…even if the child appears to consent or willingly participate in the act,” he states.

Corporal Peters adds that, “the reason behind this is pretty straightforward. The law presumes that children lack the maturity and legal capacity to make fully informed decisions regarding sexual activity”.

He was speaking during a recent online forum hosted by the Legal Aid Council (LAC), titled ‘Know the Law, Save the Child: Under-16 Sexual Offences and Bullying’.

For the offence of sexual intercourse with a person under 16, there are several elements that CISOCA’s investigators consider, chief of which is the age of the victim.

“We have to establish that the complainant is under the age of 16 years old at the time of the incident. We usually do this through birth records from the [Office of the Registrar-General]…and statements from a mother or parent or guardian. The second point to prove is that actual sexual intercourse has taken place. We establish this with a written statement from the complainant or victim, and we also conduct, with the aid of medical professionals, a medical examination,” Corporal Peters explained.

“From this examination, we might recover DNA evidence or anything that can prove that there has been some sexual activity taking place. We also take a look at digital communication. So we might pull videos or messages from the complainant’s digital devices that might implicate a suspect,” he added.

Apart from witness testimonies, Corporal Peters said investigators may also rely on admissions made by the suspect during the course of an investigation. He added that the police also take into account the identity of the alleged offender.

“We must prove who committed the offence. One of the most challenging situations for the police and the courts is when both parties involved are children. For example, a 15-year-old boy and a 14-year-old girl…two teenagers in what we might describe as a consensual relationship,” he stated.

“Technically, the law may still recognise that an offence has occurred. But because both persons are below the age of consent, it [presents] a bit of predicament. But there is the child diversion framework…[where] both of them would be considered victims at this point. The child diversion framework is there to provide a guide to direct them away from the criminal justice system,” the police officer added.

He further pointed out that the criminal justice system recognises that not every case involving minors should automatically lead to incarceration or result in a permanent criminal record.

Corporal Peters stated that for each case reported, “We must assess it carefully, based on the age difference between the parties involved, and whether there is a history of previous offending.”

The police also take into account the best interests of the children involved as well as public safety considerations.

Meanwhile, Corporal Peters advised that approximately 40 per cent of perpetrators identified in cases cleared in Kingston and St Andrew were minors.

He further stated that when a minor is accused of a criminal offence, including a sexual offence, the police are guided by several key principles, key among these the protection of the child’s rights.

“Children are entitled to the same rights as adults. But they also have a few extras as well. So legal representation, fair treatment, protection from intimidation…those are to both children and adults. But children are also entitled to confidentiality and the presence of a parent or guardian where possible,” Corporal Peters emphasised.

“As police officers, we’re encouraged to avoid unnecessary detention of children. So part of our policy is not to house children in the same detention centres as you would an adult. We have to remand them in juvenile remand centres, separate and apart from adults,” he added.

Detective Corporal Peters also provided insights into sexual offence cases reported to CISOCA, with particular focus on the offence of sexual intercourse with a person under the age of 16.

“A lot of the relationships are consensual. A lot of them involve minors…but some may involve adults as well…a good number of them involve adults. We find that many of the relationships begin online…through WhatsApp chats, private chats, group chats, Instagram messages, or through other social media platforms like Telegram and Snapchat,” he shared.

“Once it involves these mediums…there will be exchange of photographs…a lot of the times, explicit photographs and videos between the victim and the offender, sometimes a child offender. We find that a lot of these cases could be prevented with proper parenting, particularly in monitoring the use of social media and generally how the children use these devices,” Corporal Peters added.

The police investigator noted that some of these explicit photographs are circulated within schools, causing embarrassment and discomfort, particularly for the girls involved in such situations.

“At this point, this is usually where the reports come in. So I would say the role of parents and guardians is really to monitor online activity of the children and maintain open communication with them,” Corporal Peters stated.

“Have a relationship where they’re able to come to you and talk to you openly about anything, and we also have to educate our children about consent and boundaries, especially the boys. We have to teach them basically how to protect themselves, not only as minors but as they grow into adults and seek to be independent and move out into society,” he added.

Meanwhile, Corporal Peters is urging members of the public to report suspicious behaviour early.

“You might notice changes in the behaviour of a child…perhaps they’re more argumentative, they’re withdrawn…any drastic changes in how they behave,” he said.

Corporal Peters also encourages schools and community organisations to promote healthy relationships and, where possible, provide counselling and support services, particularly within schools, emphasising the need to reduce the stigma surrounding victims, and encourage the reporting of incidents.

“As police officers, investigators, parents, educators, community leaders, we all have shared responsibility to protect children while also guiding them towards responsible decision-making and positive citizenship,” Corporal Peters added.