The definition of rape, under Jamaican law, is likely to remain restricted to situations in which the female is the victim and the male the offender.

That would represent a setback for those lobbyists who have been calling for the legislation to be gender-neutral. On the other hand, it would be an important victory for those who want to avoid unintended consequences arising from the change in definition originally proposed.

A consensus against enacting a gender-neutral definition of rape emerged yesterday during the meeting of the Joint Select Committee of Parliament considering two relevant bills - An Act to Amend the Incest (Punishment) Act, and An Act to Amend the Offences Against the Person Act.

Rape apart, all other sexual offences would be defined separately, making them gender-neutral and, importantly for committee members, avoid the possibility of buggery being decriminalised through a legislative loophole.

That was one of the concerns raised by critics of the draft bill to amend the Offences Against the Person Act, including the influential Lawyers Christian Fellowship.

Sexual intercourse is defined in the bill as: the 'penetration of the vagina, anus, or mouth of one person by the penis of another person; the vagina or anus of one person by a part of the body of another person; or an object held or manipulated by another person, other than for the purposes of conducting searches authorised by law or for bona fide medical purposes'.

Male complainant

Using that definition, a male complainant would be able to pursue an action in the courts against a female. That offence would, however, not be defined as rape.

Opponents of a broadened definition of rape had argued before the committee that to include these other sexual activities could give rise to an interpretation, that where such acts were by mutual consent they would be deemed lawful. In that, there was the danger that even buggery, which has long been an illegal practice in Jamaica, would thereby be legitimised, they argued.

At a previous sitting, Attorney-General A.J Nicholson, who chairs the committee, had declared his intention not to allow that to happen.

He reiterated that position during yesterday's deliberations, and drew attention to legislative approaches adopted in other jurisdictions.

The Sexual Offences Act of Trinidad & Tobago has a separate category of offences, known as 'Grievous Sexual Assault'. This grouping seems to incorporate most, if not all, of the activities contemplated in the Jamaican legislation, and appeared acceptable to the members attending yesterday's meeting.