Conflicting views on whether consensual sexual activity between minors close in age should be decriminalised have resurfaced, underscoring a debate that has persisted for years. Rights advocates, including Jamaicans for Justice, maintain that criminalisation runs counter to the goals of the Child Diversion Programme by pushing adolescents into the justice system for consensual behaviour. In contrast, child-rights lobby Hear the Children’s Cry has repeatedly warned that removing criminal sanctions could weaken protections for children.

Chuck: Gov’t to move soon on close-in-age sex law

Jamaica Gleaner/2 Jan 2026/Tanesha Mundle/Staff Reporter 

JUSTICE MINISTER Delroy Chuck says the Government will move quickly to have Parliament decide whether consensual sexual activity between minors close in age should remain a criminal offence as such cases continue to dominate referrals under the Child Diversion Programme.

“We are going to have a joint select committee to look at the Child Diversion Act. One of the things we will look at is that a lot of the cases in the Child Diversion Act are about consensual sex involving minors under 16,”the minister told The Gleaner on Tuesday.

He explained that most matters now coming before the programme are referred by the courts, following a recommendation to a previous joint select committee that consensual sexual activity between minors should be decriminalised where the age difference does not exceed four years.

“That is something we are likely to put to Parliament for Parliament to approve or disapprove,” Chuck said, adding that the proposal would be taken forward“very soon”.

The justice minister stressed that no new legislation was being contemplated. Any changes, if approved, would be made through amendments to the Sexual Offences Act.

He also expressed disappointment that the joint select committee was not established before the current parliamentary recess but said that it is expected to be constituted when Parliament opens on January 12 or shortly thereafter.

The issue has gained renewed attention following advocacy by Jamaicans for Justice (JFJ), which argues that criminalising consensual sexual activity between minors undermines the objectives of the Child Diversion Programme.

JFJ’S Civil Society Review of the Diversion of Alternative Measures for Children in Conflict with the Law found that sexual offences – primarily consensual sexual intercourse with a person under 16 – accounted for 62 per cent of the 1,517 cases referred to the programme between March 2020 and June 2024.

JFJ Executive Director Mickel Jackson said the absence of a close-in-age exemption undermines the intent of diversion.

“Two 15-year-olds having consensual sexual intercourse with each other is criminalised under the law, which means resources under the Child Diversion Act are being diverted by bringing children before the courts rather than addressing these instances through comprehensive sexual education,” she said at the launch of the study earlier this month.

She added that such cases placed an unnecessary burden on the police and courts, resulting in children missing school.

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

However, child rights advocacy group Hear the Children’s Cry has strongly opposed any move towards decriminalisation. In a statement, the group described the proposal as “baffling and disheartening”, warning that it could place children and youth at serious risk.

Spokeswoman and attorney Priscilla Duhaney said removing criminal sanctions under Sections 4 and 10 of the Sexual Offences Act would undermine the law’s protective purpose. She argued that the legislation exists to safeguard children from harm, including harm they may inflict upon themselves, and that minors should not be tasked with making decisions that carry serious long-term consequences.

Launched in 2020, the Child Diversion Programme aims to redirect children in conflict with the law away from the courts towards rehabilitative interventions. Between March 2020 and June 2024, sexual offences made up the majority of referrals, followed by assault-related offences, property crimes, disorderly conduct, and drug-related offences. Teenagers aged 14 to 17 accounted for most arrests, with the majority of referred children being male.

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