JFJ renews its call for definition of rape to include anal sex

Human rights group Jamaicans for Justice is calling for the repeal of Jamaica's buggery law so that forced anal penetration can be classified as rape.

Currently, under the Sexual Offences Act, men and boys cannot be legally recognised as victims of rape, and women and girls receive less protection for forced anal penetration.

"The disparity in the Act is not only in the lack of gender-neutral application for rape but also the lack of equal protection for equally traumatising and offending acts. How can forced penile-vaginal penetration carry a maximum life sentence, while forced anal penetration carries only a ten-year maximum sentence? JFJ questions.

Executive Director of JFJ, Mickel Jackson, also notes that forced penetration by an object may incur a greater penalty under the provision of grievous sexual assault.

She points out that grievous sexual assault does not adequately address the issue of anal penetration as it protects against penetration by objects and other body parts, but only covers penile penetration when it occurs in the mouth.

"We are disappointed that the Joint Select Committee (JSC) did not accept recommendations to amend the definition of rape to include forced anal sex. Instead, they proposed a referendum on buggery, shirking their legislative duty. Shifting the burden of deciding on buggery to the general population through a referendum is an act of legislative cowardice. Parliament must act decisively to educate the public and properly define rape, rather than perpetuating ignorance," Jackson asserts.

JFJ's statement follows the moving of a motion by South East St Ann member of parliament, Lisa Hanna, for the Parliament to make rape gender neutral in Jamaica.

"We call on Parliamentarians to vote in support of this motion when it comes before the Houses, demonstrating their commitment to vulnerable groups. Legislators must act decisively and ensure equal protection for all citizens under the law," JFJ says.

It says parliamentarians "must demonstrate legislative bravery to address sexual violence in all its forms and must acknowledge that this effort may not be possible while catering to religious opposition".

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