Showing posts with label violence. Show all posts
Showing posts with label violence. Show all posts

Thursday, 20 August 2015

CONFLICT MANAGEMENT- The Key to Jamaica’s Violent crime problem


by: Kymberli Whittaker

Conflict occurs daily. As individuals with distinct personalities, thought processes, mannerisms and desires, interact with persons different from themselves. it is understandable how conflict arises but how we choose to manage disputes however may be the difference between life and death, and has a direct correlation on our crime rate.

Jamaicans simply do not like to talk and reason, especially our men. It is an accepted saying that “wi head hot” or “when wi vex, wi ignorant”, and when we are in this state essentially anything can happen to the person at the receiving end of our wrath, but this simply cannot continue to be the case.

There has been some push over the years to encourage conflict management within our educational institutions with the utilization of Guidance counselors, peer counselors and mediation offered through the Dispute Resolution Foundation. However those at a high risk of committing violent crime are not in school.  Many are school drop outs who tend to live in inner-city areas with scarce resources and they have nothing constructive to do for the most part with the 24 hours that pass each day.

These disenfranchised persons are so angry- angry at not having enough to  eat, angry at not being able to find a job, if they seek one, that can cover all their expenses, and angry at persons in our authority who seem not to care about their welfare.

When the larger society sees a man kill another man for stepping on his “Jordans” on “Clarkes”, we look in dismay and awe and ask why. But to the man who saved for months to own only that pair of shoes, cleaned it to go to an event to floss, gain the attention of girls, or sometimes even borrowed the shoes to party and be a king for a night to escape his dismal reality, this accidental act of messing up his shoes is seen as one thing only- a “diss” or violation that the other person has to pay for- even with his life.

It is astounding how many criminals cannot read and write in a functional manner. Reasoning abilities are heightened through educational stimulation which many of them lack. To aggravate this situation is the fact that the gun in or society is a symbol of power, and this power placed in the hands of persons with poor reasoning skills is a recipe for disaster. Many of these persons also have nothing living for, and as such they do not fear death, but see it as a way of life. At least one person is shot in downtown per day. Yet the same persons directly affected by violence still choose to fight fire with fire, thus perpetuating this vicious cycle.



In order to fight this violent crime wave sweeping our nation, the disenfranchised need see their life as having value, and school dropouts especially need to be targeted through social initiatives, to let them know that there is hope. Job creation, remedial school enrollment and functional literacy are the preventative initiatives which have to be vigorously pursued by our government.  We also need to drive home to our men that it is ok to talk, as without these changes in our hot spots conflict will continue, and crime will not decrease.

August 20, 2015

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