Sensible legal reform for adolescent sexual justice

THE EDITOR, Madam:

We join Jamaicans for Justice (JFJ) in calling on legislators to introduce a narrowly defined statutory close-in-age defence to Jamaica’s sexual offences framework. Such a reform would ensure that no criminal offence arises where sexual activity is consensual and involves adolescents who are both under the age of 16 and less than two years apart in age.

We don’t support or encourage sexual activity among children. Our advocacy remains firmly focused on cases involving abuse, exploitation, coercion, or significant power imbalances.

Under the current legal framework, mutual adolescent sexual activity may be broadly criminalised in the absence of close-in-age protections. In practice, this has resulted in children, disproportionately boys, being drawn into the criminal justice system for conduct that reflects adolescent development rather than predatory behaviour. Introducing a carefully circumscribed close-in-age exemption would help prevent lasting harm to young people, reduce unnecessary court involvement, and allow limited justice-sector resources to be redirected towards serious sexual offences and effective child diversion and rehabilitation programmes.

This issue also highlights the urgent need for comprehensive sexual and reproductive health education in Jamaica. Abstinence-only approaches have proven insufficient in preparing young people for the realities of adolescence, bodily autonomy, and decision-making. Findings from FWCF’s Youth in Reproductive Justice project indicate that students are calling for education that goes beyond abstinence and basic biology. Participants consistently expressed a desire for honest, age-appropriate discussions on consent, healthy relationships, gender identity, sexual orientation, and practical strategies to protect themselves from sexually transmitted infections and unintended pregnancy. Many also noted that the current Health and Family Life Education curriculum requires significant expansion to adequately address these concerns.

Decriminalising close-in-age consensual relationships would better reflect the realities of adolescent development, protect children from unnecessary criminalisation, and allow the justice system to focus on cases involving exploitation, coercion, or abuse where protection is truly needed.

This reform does not endorse or encourage sexual activity among children. Rather, it acknowledges reality and underscores the urgent need for stigma-free, evidence-based sexual and reproductive health and rights education delivered by trained educators and medical professionals.

FI WE CHILDREN FOUNDATION

info@fiwechildren.org