Human rights organization Jamaicans For Justice (JFJ) has issued clarifications regarding its controversial recommendations to decriminalize consensual sexual activity among minors, following significant public backlash. The proposals were initially presented in JFJ’s comprehensive 42-page report titled ‘A Civil Society Review of the Diversion and Alternative Measures for Children in Conflict with the Law in Jamaica.’
The report argued against prosecuting consenting minors through the court system, contending that Jamaica’s Child Diversion Programme misallocates resources, overburdens law enforcement, overwhelms legal infrastructure, and causes unnecessary school disruptions. Instead, JFJ advocated for addressing such instances through enhanced comprehensive sexual education programs rather than judicial proceedings.
Central to the proposal were tiered close-in-age exemptions, including a primary provision that would exempt partners within two years of age (both under 16) from criminal charges. A secondary provision would allow defense against prosecution for age differences up to five years when activities are truly consensual, no position of authority exists, and the younger participant is at least 12-14 years old.
The recommendations drew sharp criticism from social commentators, including criminologist Dr. Jason McKay, who expressed concerns that such measures could potentially empower sexual predators.
In response, JFJ emphasized its unwavering support for maintaining Jamaica’s age of consent at 16, stating this threshold ‘protects young people from adult exploitation and ensures appropriate access to sexual and reproductive health services.’ The organization clarified that it neither promotes nor encourages early sexual activity, but rather advocates for prevention through education.
JFJ highlighted several issues with Jamaica’s current legal framework under the Sexual Offences Act, which applies a blanket approach to all sexual activity involving persons under 16 without close-in-age provisions. This results in disproportionate impacts on boys due to societal norms, overwhelming caseloads for diversion programs, and unnecessary trauma for minors involved in consensual peer relationships.
The organization cited Canada’s tiered close-in-age framework as an effective model, noting its successful implementation since 2008. JFJ announced plans to release a detailed policy brief exploring both models to inform Parliamentary review, emphasizing its commitment to factual discourse and solutions that best serve Jamaican children.