Edmund Bartlett

Earl Moxam, Senior Gleaner Writer

"Mr. Speaker, the consensus, when all is taken into consideration, is that for the total well-being of the juvenile, and particularly for the young girls, the age of consent being 14 (is) far too young."

With those words, Edmund Bartlett, the Minister of Youth and Community Development, laid the basis for approval of the bill before the House of Representatives, providing for the age of consent to be raised from 14 years to 16 years.

It was Tuesday, December 13, 1988. A very important day it was for those who had long been calling for this measure.

The amendment made it a criminal offence to engage in sexual intercourse with a girl who was aged 14-16, for which the penalty was now seven years imprisonment.

An even more serious offence in the amendment was that of an owner, occupier or manager of any premises who induced any girl under 14 years of age to such premises "for sexual purposes". That penalty was raised from two years imprisonment to life imprisonment.

Not mature enough

Mr. Bartlett, in piloting the bill amending the Offences Against the Person Act, said it was in keeping with the administration's position that young girls under the age of 16 were not considered mature enough to assume responsibilities in relation to motherhood and child rearing.

The situation was becoming quite troubling, he said, when consideration was given to the statistics relating to teen pregnancy. He reported that during the previous year, 1987, there were more than 5,000 births to mothers who were aged 16 years and under.

"What is very clear here, Mr. Speaker, is that our young people are becoming very active sexually at a tender age and they are not escaping the consequences of it," he said.

The minister was careful to acknowledge, however, that this measure, in isolation, was not likely to be effective enough. It had to be buttressed, he said, by "social action, community action, public education" and more effective facilities, not just for police enforcement, but for counselling and guidance as well.

Winston Spaulding, MP for South East St. Andrew and former Minister of National Security and Justice, also spoke at length on the amendment. He supported the increase, but said that it had been very challenging to come up with "the right age" for consent to sexual intercourse. Making it "too high", he said, could also create problems for the very young people whose protection was the intention of the measure, while making it too low would deprive the person of the requisite protection.

It was often the case, Mr. Spaulding said, that older, more experienced men, having the advantage of wealth and social position, used these advantages to lure promising young girls into situations which ultimately destroyed their lives.

Reality

Princess Lawes Mighty, MP for North West St. Ann, who had long been calling for this change in the law, was full of gratitude that it was finally becoming a reality. She described it as "a most unfortunate piece of legislation but nevertheless a most necessary piece of legislation."

She also stressed, however, that raising the age of consent alone would not suffice.

"We hope that in bringing this legislation here, that this Parliament will be making a statement to the nation that we are willing to do our part in ensuring that our children are protected," she said. But she also called on all other members of the society to do their part to ensure that where the law stopped, enforcement and moral conscience of the society took over.

And, in a rebuke to some parents and guardians, Mrs. Lawes Mighty bemoaned the fact that too many of them did not regard the sexual abuse of their children as a serious enough matter to warrant charges being brought against the abuser.

In his brief, but thought-provoking intervention, Christopher Rose, the MP from South West St. Andrew, called for protection for young boys as well, and recommended that any such legislative amendment in the future be gender neutral.