JFJ: Consensual sex between minors should not be a crime

Sexual offences, particularly consensual sexual intercourse with a person under 16, make up the majority of cases referred to Jamaica’s Child Diversion Programme, launched in 2020 to redirect children in conflict with the law from the courts to rehabilitative interventions.

Between March 2020 and June 2024, such cases accounted for 62 per cent of the 1,517 referrals, ahead of assault-related offences (15%), property crimes like larceny (7%), disorderly conduct and indecent language (2%), and drug-related offences at less than one per cent.

For multiple reasons, human-rights group Jamaicans for Justice (JFJ) is calling for the decriminalisation of consensual sexual intercourse between minors.

The call follows the launch of JFJ’s Civil Society Review of the Diversion of Alternative Measures for Children in Conflict with the Law, which also found that serious offences, including rape and sexual assault, account for 2.5 per cent of cases, while firearm-related crimes make up less than one per cent. Though less common, these offences highlight concerns about judicial discretion and the programme’s efficiency.

Mickel Jackson, JFJ’s executive director, noted that while the Child Diversion Act provides a solid legislative framework, gaps – such as the absence of a close-in-age exemption for minors – prevent the law from achieving its intended outcomes.

“ ... Two 15-year-olds having consensual sexual intercourse with each other, there is the law that says that is criminalised, which means you are diverting the resources under the Child Diversion Act by seeing a child being brought before the courts, rather than dealing with those instances through comprehensive sexual education,” she explained.

Jackson emphasised that this misallocation burdens the police, overwhelms courts, and causes children to miss school.

“Two children having sex with each other is not a court matter,” stressed Jackson.

Jade Williams, JFJ’s policy manager, added that cases often bypass psychosocial channels like the Child Protection and Family Services Agency (CPFSA) and go straight to court, misaligning resources and contradicting the Child Care and Protection Act.

From 2022 to 2024, the study found 17 children were arrested for murder, 93 for rape, 131 for assault occasioning bodily harm, 42 for possession of a prohibited weapon (ammunition), and five for firearms possession. Sexual offences included 107 for grievous sexual assault, 121 for sexual intercourse with persons under 16, and 43 for indecent assault. Teenagers aged 14–17 were most frequently arrested, primarily in the Corporate Area, St Catherine, and St James. Of the 1,517 children referred, 1,138 were male and 379 female, 45 per cent completed the programme, and 13 per cent were repeat offenders.

Jackson highlighted that CPFSA, responsible for overseeing the Child Care and Protection Act, is not an official diversion partner, often becoming involved only after court hearings rather than at the start.

“That (CPFSA) is a matter that requires social intervention, as long as it was a consensual act. It is something that is mind-boggling and it is one of our first recommendations that we hope the minister will speak to,” added Jackson, noting that Justice Minister Delroy Chuck has invited the JFJ to make a presentation to a joint select committee to be convened in 2026.

Other JFJ recommendations include granting prosecutorial referral authority, enhancing judicial discretion, implementing tiered diversion options for certain offences, reviewing sexual assault as a divertible offence in close-in-age cases, decriminalising consensual sexual activity between minors, and addressing status offence laws.

corey.robinson@gleanerjm.com