Showing posts with label guilty. Show all posts
Showing posts with label guilty. Show all posts

Friday, 15 May 2015

Informer Culture is Stifling Jamaica’s Development

by: Kymberli Whittaker
Date: May 15, 2015

On any day, it is highly probable that you interact with several persons who have been accused of a crime, but will never be convicted of it. The person you give way to cross in front of you while driving, the person with whom you conduct business with, buy goods from, parents of children your own kids socialize with, the man/woman across the street. You cannot look at someone and tell if they have committed a crime, there is no “look” that a criminal possesses. Guilty persons are walking around free or on bail who may have actually done the act, but because the person’s in the know refuse to speak out, true justice will never be served.


Show me one country without crime, I bet you can find none, yet Jamaica is seen worldwide as being the murder capital of the world by many. Jamaica, self-proclaimed, top tourism destination has fallen nine spots to rank 76 out of 141 countries in the Global Travel & Tourism Competitiveness Report 2015. Jamaica has so much to offer to visitors and we have the potential to earn millions from this industry, however the fear of crime is crippling our image. The persons who call Jamaica home, there are different ways of coping with our high crime rate while trying to conduct businesses, raise families or generally to maintain a livelihood. Some people have given up on staying abreast of current affairs or news which serves of a stark reminder of reality. Others barricade themselves where possible within comfortable or luxurious town homes or residences which can rival any “5 star” hotel, while consuming media from our foreign neighbours.



It seems as if there is some disconnect from Jamaica’s Reality, as crime seems to be an alien concept unless one is directly affected by it. In a year there may be a few campaigns by different groups pleading for justice, and a few walks and marches as people stand in “solidarity” against crime, most currently the no-tolerance policy against child abuse as stories have emerged of young girls either losing their lives or becoming impregnated at the hands of older men, whether family members or strangers. While participation is good however in opposing crime via presenting a unified front, this is not enough and the reasons many crimes cannot be solved is because of pure talk and no action, and when put to the test there is no talk where it counts- at the police station or in the court room.

From ever since we’ve heard the phrase “informer mus dead!!” But that mentality cannot prevail as we complain about the high crime rate and bemoan the reduced opportunities for advancement in Jamaica.  Criminals are elevated and protected through silence to continue to perpetuate injustices against the massive. Statistics from the Office of the Children’s Registry indicate that reporting of crimes against children has risen, but even after a crime is reported, there must be follow-up. The complainants themselves may choose not to follow-up and eventually the case may be eventually thrown out. The witnesses to crimes flat out refuse to speak out, because of fear of telling the truth and also for not wanting to be labeled an informer. These occurrences have disastrous effects on the pursuit of “Justice” for the person whom the crime was perpetuated against. A visit to communities will yield a wealth of information about the crime with people speaking authoritatively, however when asked to speak out , people say that “mi nah go court”, “a nuh my business dat” and “after mi a nuh informer”. And then the already burdened court system becomes stagnated as cases are put off until another date, over and over again.


Arrests can be made daily but making persons accountable for deviating from the law lies with every one of us. Jamaica has a serious crime problem,  that is the reality. Jamaica is not seen as a favourable place to invest by many, corruption is robbing taxpayers of their hard earned  money as money has to spent to remedy illegal acts. Crime whether white collar or blue collar affects every one of us, so persons from all the different fabrics of society need to have no-tolerance policy towards protecting criminals.

 A shift in mindset is the only way that we can move forward. Talking the Truth does not mean that you are an informer.


Friday, 1 May 2015

Are you guilty of Rape?

In Jamaica, Rape is when a male has sexual intercourse with a female without her consent with the intention to have sex with her without her consent or with indifference or recklessness, meaning, not caring whether or not she consents …” There are thus three essential elements under Section 3 (1) of the Sexual Offences Act  (SOA) for a person to be convicted of rape

1) Sexual intercourse must take place (This definition of rape does not include anal or oral penetration or penetration with an object other than a penis)

2) No consent- The female does not agree to engage in that activity

3) The Man is indifferent or does not care to ensure that the female consents ( A man cannot be “raped’ either by a man or woman under Jamaican Law)

Rape is a crime of basic intent, and based on the elements of the offence, one has to look at the accused man’s subjective intention, to see whether at the time of the incident, he HONESTLY and GENUINELY believed that the woman was consenting to the act. This is a very important point, because even though a woman may say she did not give her consent the court will look at the circumstances which led up to the act.

Coitus would also be classified as rape, where a woman believed that she was having sex with a particular person but through  pretense, or fraudulent concealment of identity, another man is the one who benefits from this mistaken consent.

It would be clear then that if held up at gun point, or if a female was threatened that there would be no consent. Obvious resistance and objections by the female are indicators as well, which can be used to show that a reasonable man could not have believed that  the female wanted coitus to occur.

The line becomes blurry when  persons are in a relationship compared with a stranger-encounter type situation, where the “He-said vs She-Said” scenario arises with little or no evidence to prove that a rape did or did not occur. There is an offence of Marital Rape detailed in Section 5 of the SOA, however it is best for males to take extreme care when engaging in sexual activity, even with their wives.

The Penalty if found guilty, is a maximum sentence of life imprisonment with a minimum term of 15 years.  There are however mitigating factors which may reduce the years of a conviction. Some considerations are the age of the offender, his general circumstances, his previous good character, his mental state at the time of the offence, the actual circumstances of the offence and a plea of guilty.


Being charged with rape can have debilitating impact on a person’s life as even if found innocent, there is often a stigma attached. Word to the wise: Think and ensure that there is consent before engaging in sexual activity or else you may be guilty of rape.

Kymberli Whittaker | BA, LLB (Hons)
Attorney-at-Law
Kingston | Jamaica
( Tel: +1(876)378-6774