The 2011 Amendments to the Jamaican Constitution specifically enumerated a “right to freedom from discrimination on the ground of . . . being male or female.” The amendments also guaranteed a number of fundamental rights and freedoms, including the right to be free from inhuman or degrading treatment and torture, and protection of the right to own property, receive an education, vote, and speak freely.
The applicant pleaded guilty before the Circuit Court of Westmoreland for the offence of having sexual intercourse with a girl under the age of 16, in violation of section 10(1) of the Sexual Offences Act. He was in a serious relationship with the underage girl, but the matter was brought to the attention of the police when the complainant discovered she was pregnant and there was a dispute regarding the defendant’s paternity (tests showed he indeed was the father).
While taking a taxi to school, a 13-year-old girl was forcibly raped by the taxi driver, whom she had previously encountered. After learning about the incident, the girl’s mother reported the driver to the police and he was subsequently convicted at trial for rape and sentenced to 15 years imprisonment at hard labor. At trial, the driver’s defense was one of alibi—a denial of his involvement in the offence.
The Child Pornography (Prevention) Act prohibits the production, distribution, importation, exportation or possession of child pornography and the use of children for pornography A “Child” is a male or a female person under the age of 18 years. Child pornography constitutes any visual representation, any audio recording or written material depicting engagement of a child in sexual activity or depicts body parts of child for sexual purposes, or depicts a child subject to torture, cruelty, or physical abuse of a sexual context.
Section 23 of the Criminal Justice Administration Act states that proceedings regarding accusations of certain crimes shall be held in camera (privately). These crimes include rape, grievous sexual assault, marital rape, sexual intercourse with a person under age sixteen, indecent adult, or involvement in prostitution.
The Domestic Violence Act (“DVA”) was originally enacted in 1996, and was amended in 2004 and 2023. It establishes civil remedies to protect individuals from domestic abuse, including physical, emotional, and threatening conduct. Courts may issue protection orders and occupation orders. Applications may be made by victims, and in the case of children, by parents, guardians, constables, social workers, or other approved representatives.
The Employment (Equal Pay for Men and Women) Act (the “Act”) went into effect on January 1, 1976. The Act is intended to eliminate gender discrimination in wages or salary for similar or substantially similar work, as the Act requires employers to provide “equal pay for equal work.” Employers are permitted to provide accommodations to women in connection with pregnancy and childbirth. The Act requires mediation upon the submission of a valid complaint by an employee against their employer.
On 29 July 2009, the applicant was convicted in the Home Circuit Court for rape of a 17-year-old girl. She claimed that he hauled her to the back of an abandoned house while asking her indecent questions and threatening her, and then proceeded to forcibly have sexual intercourse with her. He confirmed that they had had sexual intercourse in the yard of a building, but claimed they were in a long-term relationship. As to prove this, a witness testified that the applicant introduced the complainant to her as his girlfriend. However, her testimony was contradictory and unclear.
The applicant was sentenced to seven years imprisonment for abduction and robbery with aggravation. In response to his first application for leave to appeal against conviction and sentence, the judge granted him leave to appeal to the sentence, but refused permission to appeal against conviction. The applicant renewed his application for leave to appeal against his conviction. The issue on appeal was whether the indictment erroneously citing the wrong statute warranted overturning the conviction.
The appellant was charged for carnal abuse of a girl under the age of 12 years and buggery. On 20 April 2009, the appellant was convicted for carnal abuse (but not for buggery). On 9 November 2010 the appellant filed for leave against the conviction and the sentence.
