JAMAICA: Demand for legal unit for crimes against children

[6 October 2008] - Police have solved less than half of the murders of children since 2003, according to data from the Jamaica Constabulary Force (JCF).

The data revealed that, of 398 murders of children up to 17 years old, only 196 have been resolved.

Of 441 incidents of shootings that left children injured, only in 116 cases have the perpetrators been caught.

"What is clear is that people know they can commit murders and have a very strong chance of getting away with it," argues Jamaicans for Justice director, Susan Goffe. That, she adds, leads to a continued rise in the murder rate.

High crime rate

Attorney-at-law and children's rights advocate Margarette Macaulay agrees.

"We have to increase the successful investigation rate and this matters because people believe that, if they do these things, they will get away with it," she says.

Macaulay also blames legislators for the slow resolution of crimes against children. She says that not only is the current Child Care and Protection Act inadequate, but implementation has been slow. The act became law in 2004.

"Until now they are still trying to put pieces of it into place. And then you expect people to take the interest of children seriously when the Government itself does not," she says.

Legal unit

She says the law should have provided for the establishment of a legal unit to investigate as well as prosecute all crimes against children.

The JCF houses the Centre for Investigation of Sexual Offences and Child Abuse and an Office of the Children's Advocate and Children's Registry were established under the 2004 legislation, but Macaulay suggests that a joint unit is needed.

"You need to have a whole legal system that specialises in children and the law in the judiciary, in the police force and children's services," she says.

The legal structure of the Family Court, she says is archaic and intimidates children.

Supporting legislation

"When a judge is sitting up on a bench and looking down on a child, no child feels comfortable enough to speak to you," she says.

Other supporting legislation also needs updating, Macaulay argues, particularly the Incest Punishment Act. She says a bill was put forward in 1995 to improve the act but it appears it has fallen off the bench.

"Incest under that act is a misdemeanour. What does that say?" she questions. She says it should also be broadened to include a wider range of people, including guardians. Under the current legislation, incest is committed against a female under the age of 21 by a father, grandfather, brother or son.

"Everything has to move at a pace together, otherwise if you improve one arm that does not solve the problem," she says.

 

pdf: http://www.jamaica-gleaner.com/gleaner/20081006/news/news2.html

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