Prime Minister Dr Ralph Gonsalves said that he is open to more informed discussion on the issue of changing the current age of consent.
While speaking on radio on April 10, Gonsalves explained that the Joshua Government reduced the age of consent from 16 to 15 back in the 1960’s.
And from ever since, the age of consent has remained at 15.
“There are persons who say it should not be less than 18…some people say it should be 21,” he said.
But in considering the age of consent, Gonsalves explained that there needed to be an age which is a balance between where somebody is of an age where they may be able to consent, and where they may not be able to.
“You have to bear in mind that the current law gives a young man, because the law is sensitive that in a practical world young men and young women – teenagers – will have sex,” the prime minister explained.
The law also makes provisions that if a male, 19-year-old or under had sexual relations with a girl between 13 to 15, and that if he honestly believed that she was over 15 or she held herself out that she was over 15, then he could have a defence provided he was only charged once.
But if the age of consent was increased to 18, then a lot of young men aged 18 or 19 who may have sexual relations with a 17-year-old girl are liable to be jailed.
“You see how the discussion has to be rational and balanced?”
So, there may be a stronger case to put the age of consent back to 16.
“But this is a matter on which I would like to hear more conversations, but I give you as a sensible and wise and mature lawmaker the balance which you have to have,” said Gonsalves.
However, in moving back the age of consent to 16, the same case can be made for young men in schools – 17-year-old young men, the prime minister reasoned.
Some of the challenges presently with adults who have sexual relations with girls 15 and under is reportage.
“People do not report it many times,” he said.
Under the Childcare and Adoption Act, a doctor or any other professional who deals with an underaged girl who may have become pregnant is obligated to report it to the police, but then it may be reported, and the girl does not say anything nor the mother of the girl does not say anything.
Even if the age of consent was adjusted upwards, there are still going to be instances where reports are not made to the authorities, Gonsalves said.
“You cannot have the discussions in a demagogic or opportunistic manner, Gonsalves said.”
“You have to have it in a sensible and balanced way,” he continued.
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