MY LAW INTERNAL ASSESSMENT (IA)

Name:
Institution: York Castle High School
Candidate number:
Centre Number:
Territory: Jamaica
Grade: 12 Y
Subject: CAPE Law Unit 1
 TABLE OF CONTENTS

Chapters PAGES

Acknowledgement 3

Introduction 4

Title of Research 5

Aims of Research 6

Methodology 7

Presentation of Data 8-15

Secondary Findings 16-17

Discussion of Findings 18-20

Recommendations ` 21

Bibliography 22

Appendices 23-25

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 ACKNOWLEDGEMENT

“The greatness of a man is not measured by his own strength but is measured through his ability

to cooperate and work well with others”- UNKNOWN. In everything, we ought to give thanks

and as such God must be acknowledged. Credit must be given to my leader Mr. J Burnett as he is

the advisor and overseer of this research. Your continuous guidance is really appreciated. Mr.

Wilson, thank you for your efforts in providing secondary sources relating to this topic, Miss.

Russel and the members of the St. Ann’s Bay Library, your assistance is appreciated.

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 INTRODUCTION

Children are a gift from God, “jewels” and a “heritage” as described by the Bible. Should

children be given rights? And should these rights of children be protected? A sexual offence is

any interaction between a child and an adult or older child in which the child is used for the

sexual stimulation of the penetrator or an observer. The sexual offences committed against

children can be dated as far as to the 18 th century. Over 56,531 cases (as recorded by the Office

of the Children’s Registry) of sexual offences have been committed against children in the

Caribbean, snatching away the innocence of vulnerable. This research has taken residence in the

foundation of the silenced cases committed against the children. The injustice and the inequality

of the cases relating to these offences against children has in no way or form given any

exposition and thus, this investigation is geared at opening the public’s eyes and minds at the

prevalent cases of sexual offences committed against children and how these cases impact the

social behaviour of children.

The voice of the vulnerable needs to be heard, the life of those who have been victimized needs

to be shaken. This research is prepared to unearth the truth about these sexual offences which

have gone unreported. These issues, the rights of a child and the punishment for these crimes will

be critically analyzed so as the better understood the law and to better make a legal analysis for

the problems.

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 Theme

Sexual Offences

TITLE OF RESEARCH

This research is administered so as to: Investigate the most prevalent types of sexual offences

committed against children and its impact on their social behaviour.

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 AIMS AND OBJECTIVES

This research was undertaken :

 To investigate the types of Sexual offences committed against children

 To examine challenges posed by these offences on the child’s ability to interact with

others.

 To outline remedies for mitigating these sexual offences these problems.

METHODOLOGY

To ascertain a value free research about the prevalent types of sexual offences committed

against children and its impact on their on their social behavior in the community of Orange Hill,

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Primary and secondary sources of Data collection were used. The quantitative method of

research which is a questionnaire was used to carry out the investigation. A questionnaire was

used as the most effective Primary data collection Source as it makes way so that:

 Data can be easily quantified and analyzed

 Large quantities of data can be collected which makes way for generalization
 Reliability is achieved as questions are normalized, making it easy to check

findings for the research.

The researcher used the method of random selection to administer the questionnaire. A

strategy was employed by placing numbered pages in a box, it was shaken and the papers drawn

with even numbers were given to houses so that the occupants to participate in the questionnaire.

A total of 40 questionnaires were issued to 24 households. A sample of 75% was needed to carry

out an empirical research on the issue.

The Secondary sources used in this research were accessed through the World Wide Web,

articles, statistics and decided cases. These sources were used as they are factual mediums and

have assured experienced data. The usage of the secondary sources is the materials which will

justify the similarities and differences found within the primary sources. The secondary source

were used to test the validity of the primary sources and all together, to confirm the studies and

to achieve the statement of research.

PRESENTATION OF DATA

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Figure 1: Those who are victims of Sexual Offences

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Figure 2: Types of Sexual offences committed against victims

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 Figure 3: The number of reported cases of Sexual Offences

Figure 4: Reasons respondents’ cases were not reported.

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Table 1: Challenges that sexual offence victim face.

Challenge Percentage of Respondents

Depression 14%
Anxiety 25%
Triggers 39%
Posttraumatic 61%

Stress

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 Table 2: showing the victims’ challenge with interaction

Do you find it difficult to interact with your Percentage

peers or member of the opposite sex?

Yes 70%
No 30%

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 Table 3: Ways in which the Government can promote a safe environment

How the Government can Number of Respondents Percentage of Responses

promote a development
Provide homes (centers) for 4 5%

these victims
Regulate constant 23 7%

13counseling for victims

Create partnerships between 10 29%

other social institutions elf

development
Torture those who are sexual 34 59%

offenders so as to remove fear

of the reoccurring of this event

through the death sentence.

SECONDARY FINDINGS
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According to the Sexual Offences Act of Jamaica 2011, per Part IV section 8 (1) a child as

anyone under the age of sixteen years old.

(2)The Sexual Offences Act sec. 1(2) declares than an adult commits an offence where he or she

touches (indirectly or directly) with any part of his or her body or with an object, any part of the

body of the child.

(3)Provisions of the Sexual Offence Act, section 8 (5) states that a person who commits any

offence as stated is liable to conviction in a Circuit Court, to imprisonment for a term not

exceeding ten years.

(4)The Sexual Offence Act alludes to the case where the accused or offender is the guardian of

the victim. In such a scenario, per “Part V” of the Act 2011 section 8(6) states that on the

conviction of any person for an offence, where the person so convicted has authority or

guardianship over the child concern, the Courts may exercise its life power.

Rape is defined as nonconsensual sexual intercourse that is committed by physical force, threat

of injury or other duress (Bouvier, 1856).

The Sexual Offence Act 2011 section 3 explains that a man commits the offence of rape if he has

sexual intercourse:

(a) Without the woman’s consent

(b) Knowing that the woman does not consent to sexual intercourse or recklessly

not caring whether she consents or not.

In Jamaica, the age of consent for sexual intercourse is sixteen years old. Rape, article 50 in “The

Offences Against a Person Act” stipulates that whosoever shall unlawfully and carnally know

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and abuse any girl being above the age of twelve years old and under the age of sixteen years

old shall be guilty of misdemeanor, and being convicted thereof, shall be liable to imprisonment

for a term not exceeding seven years. Hempelman (2000) establishes in her book Teen Legal

Rights that statutory rape refers to sexual intercourse with a minor (below the age of 16).

Dr. Abrahams in his 2017 article “Our Unhealthy Attitude towards Statutory Rape” seeks to

justify that sexual abuse is confined to the church but is a systematic problem throughout the

Jamaican society. This is in reference to the case of R v Moravian Pastor (2016) where it was

held that the pastor was found in a compromising position with the 15 year old girl. Abrahams

went further to dissolve the fact that when a grown man has sex with an underage child, it is not

just a “little sex” but it is statutory rape.

Blaine (2012) discovered that since 2007 statistics have shown that the cases of sexual abuse

have increased, moving from 121 cases in 2007 to 2,671 reported cases in 2011. Blaine however

argues that the number of cases could be higher as many cases have gone unreported. In her

article “When Rape becomes common,” Blaine reveals that more women and girls have been

victims of sexual offences especially rape. This was concluded after it was reported that in St.

James, five females including three children were brutally raped.

The Sexual Offences Act 2011 dictates in per section 6 (1) that a person who commits the

offence of rape (whether agains t section 3 or section 5), attempts to commit the offence is

liable on conviction in a Circuit Court to imprisonment for life or such other terms as the Court

considers appropriate, not being less than fifteen years.

DISCUSSION OF FINDINDS

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The collected Information revealed that more females took part in the questionnaire with a

number of 25 respondents and 15 of the respondents were males. Statistics show from the Office

of the Children’s Registry in the year of 2015, more than 3008 cases of Sexual offences were

committed against females in Jamaica. The majority of respondents were represented in the 13-

16 age groups with 63%. According to the Sexual Offence Act 2011, section 8 (1) confirms that

they are victims of statutory rape as anyone below the age of sixteen years old is classified as a

minor. The age group of 17-20 and 21-24 were represented by fifteen percent of respondents.

The least number of respondents were 25 years and over with seven percent. The demographic

information was summarized.

Respondents identified if they were victims of Sexual offences. A total of 88% indicated that

they are victims while 12% indicated that they weren’t victimized. This representation shows

that Sexual offences are rampant in the community of Orange Hill.

Responses revealed that more persons were victims of Statutory rape with sixty-seven

percent. Twelve percent indicated that they are victims of molestation; seventeen percent

indicated that they are victims of child pornography and the weakest representation being four

percent as victims of prostitution. In the case of R v Linford McIntosh (September 2015), it was

held that on July 9,2011 the complainant who at that time was 15 years old was preparing

herself for a bath and was getting ready to go to Devon House with the applicant and other

family members. While the complainant was in the room, the applicant came and stood at the

door and started making sexual remarks to her to which she did not respond. While she attempted

to pass him at the door, he asked her twice to allow him to touch her vagina and she told him no.

She kept on trying to pass him at the door but he pushed her on the bed, lay on top of her and

inserted his finger in her vagina. The complainant tried to resist as much as possible but was

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unsuccessful in her attempts. The applicant even with the complainant’s resistance proceeded to

have sexual intercourse with the minor. The counsels Justice Morrison, justice McDonald and

Mrs. Williams decided in the Supreme Court that the applicant be sentenced to eight years

imprisonment under statutory rape.

Only thirty-three percent of the respondents indicated that their cases were reported but

sixty-seven percent responded that their cases were kept silent. These victims with silenced cases

are faced with developmental issues. Victims of these sexual offences are faced with challenges

and one such challenge is their ability to interact well with others be it their peers and the

opposite sex. Respondents (thirty percent) indicated that they had no difficulty interacting with

their peers or members of the opposite sex. However, seventy percent has a difficulty socializing

with peers and members of the opposite gender. This is done because of fear and occurs as the

child might be emotionally abused, feeling isolated or neglected or has a low self esteem.

Abrahams in his article (2017) “Our Unhealthy Attitude towards Statutory Rape,” establishes

that not only are these victims physically affected but they experience psychological deficiencies.

Baer and Martinez (2006) reveals that children below the age of sixteen years old are more likely

to experience insecure and disorganized attachment to their primary caregivers, suicide, alcohol

and drug abuse and mental health problems.

Children are a priority of adults and the government and they can assist in promoting

development among victims. The weakest representation five percent indicated that the

Government can promote this by placing these victims in designated homes (boys and girls),

seven percent believed the victims need constant counseling to promote development,

partnerships can be created along with other social institutions as believed by twenty-nine

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percent. The majority, fifty-nine percent believe that offenders should be tortured so as to remove

fear from the victim’s life that the event will reoccur.

The Ministry of Youth and Culture are responsible along with Children’s Advocacy

Groups and the judicial System for the child’s well being after being classified as a victim of a

sexual offence.

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 RECOMMENDATIONS

After a thorough investigation, the researcher recommends that victims of sexual offences:

 Be transferred to safer environments

 Be given adequate and regular counselling so as to help them overcome their fear.
 Employ the use of the mass media to promote a legally robust society to sexually

offences, viz, there would be great intolerance to the all types of sexual offences.

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 BIBLIOGRAPHY

Bouvier, John. 1856. A Law Dictionary: Adapted to the Constitution and Laws of the United

States. McGraw Hill Companies, Inc.

Hempwlman, Kathleen. 2000. Teen Legal Rights. Westport: Connecticut. Greenwood Press.

Abrahams, Michael.(January 9, 2017). Our Unhealthy Attitude Towards Statutory Rape. The

Gleaner. Retrieved April 7, 2017 from http://jamaica-

gleaner.com/article/commentary/20170109/michael-abrahams-our-unhealthy-attitude-towards-

statutory-rape

Blaine, Betty-ann.(October 2,2012). When rape becomes common. The Observer. Retrieved

February 27,2017 from http://m.jamaicaobserver.com/mobile/columns/When-rape-become-

common

Sexual Offences Act of Jamaica-2011.

APPENDICES

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1.To what age group do you belong?

 13-16 years
 17-20 years
 21-24 years
 25 years and over

2. What is you gender?

 Male
 Female

3 .What is your occupation?

 Teacher
 Student
 Police Officer
 Other

4. What is your highest level of Education?

 Primary School
 High School
 Tertiary
 Other

5. Are you a victim of a sexual offences?

 No
 Yes

6. What sexual offence have you been victimized of?

 Molestation
 Rape
 Child pornography
 Prostitution

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 7. Is the offender someone you know?

 No

If yes, state their relations

8. Was the matter mentioned in court for trial?

 No
 Yes

9. How has the event impacted your learning ability?

10. Are persons in the community aware of this offence that has been committed against you?

 No

If yes, state what they have done to solve this issue

11. Has this offence caused any post traumatic symptoms?

 No
If yes, please state these symptoms

12.Do you find it difficult to interact with others?

 Yes

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  No

As a victim of a sexual offence, what challenge(s) do you experience?

 Depression
 Anxiety
 Triggers
 Posttraumatic stress

13. ow do you feel about the environment you are living in?

 It is good
 It is unhealthy
 Moderate environment

14. If no, why weren’t charges pressed against the offender?

 Fear
 Incapable of pressing charges because of no assistance
 The offender deserves forgiveness
 Parents found it mythical that this event took place

15.Have you received adequate counseling from a professional to help with overcoming this

challenge?

 Yes
 No

16. What do you believe should be done to sexual offenders in light of this problem?

17. The Government is responsible for the well being of a child: In the case of the victim, what

option is best in helping to promote development?

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 Providing designated home(boys and girls homes)
 Regulate constant counseling
 Create partnerships with other Social institutions such as church and schools
 Torture the offenders so as to remove fear from the victim’s mind through harsher

sentences such as the death penalty

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