Revision of Jamaica’s Sexual Offenses Act

We the women of JCW+ are making this statement in relation to the restructuring of the Sexual Offences Act.

We hereby press on the matter that rape is rape no matter what object or which orifice or by whom, as long as this was done unwillingly and without consent, leaving the person vulnerable to sexual transmitted diseases including HIV and robbed of dignity and result even in death by the perpetrator or suicide.

What is rape?

According to the Sexual Offences Act rape involves the penetration of the vagina by the penis and the oxford dictionary defines rape as “sex with someone against their will”.

Our research has made us even more aware of how important revision of our Sexual Offences Act (SOA) is at this time. This is so because the definition of rape has expanded beyond forced penetration by a penis. We also noted current opinions and blogs discussing the issue and definition of rape and the legal implications 1

For the women who have been raped most were treated with unthinkable brutality. We consider this kind of criminal offence to be uncivilized and inhumane.  There are two main ways in which these criminal acts are carried out, orally and anally.  The oral act is the insertion of the penis into the mouth and the anal is the insertion of the penis into the anus.  Some men might not be able to get a n erection, as a result they use objects such as sticks and bottles, even body massages for arousal.  However, based on the definition in the Sexual Offences Act whatever entrance is penetrated by the rapist, without a penis, it is simply sexual assault which get a much lesser sentence than rape as defined in the SOA.

The is added insult to this violent injury if  whenever a woman is raped and the matter reported, the situation is not dealt with immediately and sympathetically.  Some of these victims are sent home and causes the loss of evidence which leads to little or no redress.

We the women of JCW+ are advocating for the revision of the Sexual Offences Act to ensure that however the act is done it is considered rape and for more rigorous penalties to be sanctioned for the offenders regardless of their societal status.

 

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5 thoughts on “Revision of Jamaica’s Sexual Offenses Act

  1. Mz Confindent

    RAPE is RAPE! whether by the penis, sticks, bottles or any other object used for penetration is rape. Rape is a violent inhumane act that needs to be revised and redefine by the relevant authorities with much harsher penalties being implemented for the offenders.

    I consider my body to be a sacred temple, NOT a toy or toolkit !
    My body is be respected NOT to be invaded by unauthorized people.

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    1. I agree with you Sharon. There are also health effects, studies has shown prevalence to those who has experience violence and the spread of HIV. Socieconomic effects which are link with the psychological ones. Fear of leaving home, being unable to work and fully support yourself.

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  2. Mz Confident

    Not only the psychological and post traumatic effects but also capturing the offenders and making sure that they are adequately penalized. Imagine being raped and then not able to sleep at nights due to the fact that the monster that violated my body, privacy and God bless ##### without my consent is still on the run and/or not sufficiently criminalized !

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  3. Rigorous penalties are indeed needed to punish sex offenders. And again we do need to redefine the word ‘rape’ as well as we need to re-socialize society to understand that rape is no less than it actually is regardless of how it is done. Is it not spelt one way? R.A.P.E?? So then why should punishment be less cases where foreign objects are used to commit the crime?

    Personally, I do stand firm to the belief that if you violate my body with an object that is not attached to your body then the punishment should be 10 folds for you. How dare you rob me of my dignity with something I did not want inside of me then get away with it? 5 years? 10 years? That is NOT enough to aid my psychological and social needs. True- nothing will be justified by the years served but at least peace of mind could come about.

    i do concur as a JCW+ participant and a woman that the SoA needs to be carefully scrutinized, amended and adjusted accordingly to work effectively for ALL victims of sexual violence.

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