A contentious debate has erupted in Jamaica following a controversial proposal from human rights organization Jamaicans For Justice (JFJ) that would establish legal defenses for sexual relationships between minors and adults. The group’s 42-page report, ‘A Civil Society Review of the Diversion and Alternative Measures for Children in Conflict with the Law in Jamaica,’ argues against prosecuting consenting minors in court, claiming current approaches misallocate resources and unnecessarily burden the justice system.
JFJ’s recommendations include two primary defenses: a ‘statutory defense’ for partners both under 16 with less than two years age difference, and a more controversial ‘further defense’ that would apply to age differences up to five years when the younger party is 12-14 years old, the activity is consensual, and no position of authority exists. This latter provision has drawn significant criticism as it could potentially legalize sexual relationships between 14-year-olds and 19-year-olds.
Prominent voices including criminologist Dr. Jason McKay have raised serious concerns about the proposal. McKay questioned whether JFJ understands community realities, noting that ‘the 19-year-old could be a gunman’ pressuring vulnerable minors. He warned that case-by-case approaches would ‘open a floodgate, enabling and empowering predators’ rather than protecting children.
Children’s Advocate Diahann Gordon-Harrison expressed partial alignment with JFJ’s goals, having herself recommended decriminalizing consensual sex among minors seven years ago. However, she sharply distinguished her position, emphasizing that her proposed ‘close-in-age exception’ was strictly limited to relationships between minors, not between adults and minors. Gordon-Harrison stressed that any exemption would require both parties to be minors of very similar ages in completely consensual circumstances without coercion.
The proposal has ignited a broader discussion about balancing adolescent sexual development with child protection frameworks, pitting judicial efficiency concerns against safeguarding vulnerabilities in Jamaica’s complex social landscape.