Sherry-Ann McGregor, Contributor
MCGREGOR
RECENT GLEANER articles raised significant concerns regarding the increasing incidence of teenage pregnancy in Jamaica. While we contemplate the effects of this trend on the society, the economic consequences are not usually given much attention.
Many pregnant teens' parents are initially less than supportive. They become angry or violent in response to news that a child in whom they have invested has 'thrown her life away'.
The parent may even withdraw financial support from the pregnant teen, who then has to fend for herself. This situation is often worsened because the father of the child is also a teenager with no available resources to support his new family.
BLAMELESS
On one hand, it may seem only fair for any teen who chooses motherhood to accept the adult responsibilities that accompany that role. However, circumstances vary, and there are many cases where the teen is blameless for the situation in which she finds herself. Common examples arise in cases of incest or rape.
But after childbirth, who then becomes responsible for maintaining him or her?
The Maintenance Act, 2005 states that parents are equally obligated to maintain their unmarried children up to age 21. It may be argued that parents are obligated to continue to maintain their unmarried, pregnant teenaged daughters, despite the fact that the teen mothers and fathers are primarily responsible for the maintenance of their own child.
The Maintenance Act only provides for the obligation to maintain a grandchild to fall on the shoulders of grandparents if the parents of the child fail to maintain the child due to death, infirmity or mental incapacity. In other words, grandparents do not automatically become liable to maintain the grandchild because the parents are financially incapable of doing so.
CRIMINAL PROSECUTION
On the other hand, teenage pregnancy ought to result in the criminal prosecution of the father of the child. By virtue of section 48 of The Offences Against the Person Act, a man who has carnal knowledge of a girl who is under the age of 12 years, is liable to imprisonment for life. Section 50 of that Act also states that a man who has carnal knowledge of a girl who is above the age of 12 and under the age of 16 is guilty of a misdemeanour and is liable to imprisonment for a term not exceeding seven years.
If, however, the man is a first-time offender who is 23 or younger and he had reasonable cause to believe that the girl was over 16 years old, his term of imprisonment will not exceed five years.
Most cases of teenage pregnancy should therefore result in the imprisonment of the father of the child for carnal abuse or rape.
But, are these men being punished? If so, is the penalty acting as an adequate deterrent?
If the law is strictly applied and the fathers are imprisoned, the primary responsibility for maintaining the child will rest solely on the teenage mother.
Sherry-Ann McGregor is partner and mediator with the firm Nunes, Scholefield, DeLeon & Co. Send feedback and questions to lawsofeve@yahoo.com.
