LAW INTERNAL ASSESSMENT

THEME: SEXUAL OFFENCES

TITLE: TO INVESTIGATE INTO WHETHER FEMALES CAN BE HELD

CRIMINALLY LIABLE FOR THEOFFENCE OF RAPE.

Name of Candidate: Dean-Ann Demetrius

Candidate #: 1001310737

Centre #: 100131

Year: 2017-2018

Territory: Jamaica

Institution: York Castle High School

Teacher: Mr. Burnett

 TABLE OF CONTENTS

Pages

Acknowledge……………………………………………. 3

Introduction……………………………………………… 4

Aims and Objectives…………………………………… 5

Methodology…………………………………………… 6

Presentation of Data……………………………………. 7-11

Secondary Findings……………………………………… 12

Discussion of Findings…………………………………... 13

Recommendations………………………………………. 14

Appendices……………………………………………. 15-16

Bibliography……………………………………………... 17

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 ACKNOWLEDGEMENT

“It is necessary, then, to cultivate the habit of being grateful for every

good thing that comes to you, and to give thanks continuously. And

because all things have contributed to your advancement, you should

include all things in your gratitude.”

-Wallace D. Wattles

It is with utmost pleasure that I express my gratitude to my fellow comrades for the

tremendous support and information made available to me when needed. To my Father who

hart in heaven, thank you for your grace and mercies towards me. This research would have

been completed if it wasn’t for you all, Thank you.

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 INTRODUCTION

Rape is defined as unlawful sexual activity and usually sexual intercourse carried out

forcibly or under threat of injury against the will usually of a female or with a person who is

beneath a certain age or incapable of valid consent. Should a woman be held criminally liable

for the offence of rape where it involves an adult male? The Sexual Offences Act 2011

defines sexual intercourse as “the penetration of the vagina of one person by the penis of

another person”.

A declaration such as this has allowed women who have committed these offences to

avoid, convictions and men who become victims off this outrageous act to remain silent to

avoid discrimination, a product of our culture here in Jamaica.

The injustice and inequality meted out by these victims has been hushed up within our

society. The voice of the unprotected must be heard and the perpetrators should receive their

just punishments. This research seeks to disclose the bias in the law pertaining to a particular

gender.

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Title:

To investigate into whether females can be held criminally liable for the offence of rape.

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 AIMS AND OBJECTIVES

This research aims:

 To disclose the bias in the law pertaining to a gender.

 To obtain public opinion on the gender restricted approach on rape.
 To present the legal position of different Caribbean countries on the offence of rape.

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 METHODOLGY

This investigation aims to examine the situation into whether a female can be held

criminally liable for the offense of rape. While the topic of research is a rather unpopular one,

the researcher has chosen to use quantitative in the gathering of information. Quantitative

research specifically allows for the narrowing down of questions and data centred around the

topic of research to obtain numeric statistics in an unbiased manner.

To gather primary information, questionnaires were used, this is an instrument that collects

data in the format of questions. It was very effective in:

 Acquiring large sums of data in a speedy and efficient way.

 Keeping anonymity, a primary focus as the opinions collected were not associated
with a name.
 Analysing of the data process, data was easily analysed.

The researcher used the method of systematic random selection to issue out the

questionnaires. A total of 20 questionnaires were handed out to every other houses on the

block, each household was given two (2) questionnaires. Ten household received

questionnaires in total. These questionnaires were administered to the households on

February 9, 2018 and were collected back by February 12, 2018. Giving them adequate

amount of time to complete the survey.

Secondary data was obtained through internet articles, reports, books and decided cases

centred around the topic of research. Secondary data provided the research with mature

content so that the researcher could arrive to a decent discussion and conclusion along with

the information gathered from the primary data.

PRESENTATION OF DATA

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Figure 1:

Gender.

Figure 2:

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 Do you believe females can commit the offence of rape?

Figure 3:

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Would you say that the law is Gender Bias?

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Figure 4

Should the law be change as it relates to females being held criminally liable for the

offence of rape?

SECONDARY FINDINGS

According to the Sexual Offences Act of Jamaica 2011, section 3(1) a ‘man’

commits the offence of rape if he has sexual intercourse with a ‘woman’

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 (a) Without the woman’s consent; and
(b) Knowing that the woman does not consent to sexual intercourse or recklessly not

caring whether the woman consents or not.

English law, requires a penile penetration for the offence to be classified as rape, therefore, a

woman cannot physically rape a man. This has resulted in the law being described as ‘phallo-

centric’ or ‘phallo-genic’.

However, a woman can legally rape a man if she acts as an accomplice. Also, a woman who

has sexual intercourse with a man without his consent commits a serious assault and not rape.

According to Lewis (August 19,2016) “The act lacks an equal recognition of all forms of

sexual abuse, fails to protect all Jamaicans - irrespective of sexual orientation, gender identity

or marital status - from all forms of sexual abuse, and disregards the constitutional principle

of equality before the law.” Section 4 of the act addresses the issue where “The offence of

grievous sexual assault criminalises non-consensual oral sex and penetration of the vagina or

anus by anything other than the penis. Under this section, women can be convicted, but this

offence may be tried in a lower court and can result in comparatively lower sentences.”

DISCUSSION OF FINDING

An analysis of the data collected showed that more males participated in the questionnaire

than females, 13 out of 20 participants were males and 7 were females. The public’s opinion

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on the matter of whether females can commit rape was quite alarming after recording a total

of 17 persons responding with a yes and the remaining 3 no.

However, according to the Sexual Offences act of Jamaica 2011, rape is only viewed as

male penetration of the vagina, of a female. The majority of respondents thought the law was

gender bias as shown in figure 2, since only a man can be charged for the offense of rape and

woman cannot be held criminally liable unless acting as an accomplice. Responses revealed

that the public was not so educated about the law however they were very concerned about

the issue being investigated.

Whilst in Jamaica women are excluded from conviction for the offence of rape,

Barbados’ sexual offences act 1992 protects both men and women, rape is defined a where a

person has sexual intercourse with another person without that person’s consent.

Similarly, Guyana’s sexual offences act 2010 section 3(1) states that rape occurs where a

person (the accused) commits the offence of rape if the accused engages in sexual penetration

with another person etc. While in Trinidad the law does not specify whether male or female

can be held liable. However, the punishment for this offence in all countries stems from 15

years in prison to life imprisonment.

RECOMMENDATIONS

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 After a thorough investigation, the researcher recommends that the Sexual Offences Act

of Jamaica 2011:

 Be revisited, to make amendments and remove the bias from the law, so that women

who commit these acts are labelled like the men and are placed behind bars to meet

out an appropriate punishment.

 Sexual Offences Act should be amended by Parliament to give the equal recognition

and protection constitutionally guaranteed to all Jamaicans.

 Rape should not only be penile, but should be any unlawful penetration of any orifice

on the human body consistent with jurisdictions within the commonwealth Caribbeans

BIBLIOGRAPHY

 Sexual Offences Act of Jamaica 2011

 Sexual Offences Act of Barbados 1992
 Sexual Offences Act of Guyana 2010
 Sexual Offences Act of Trinidad 2000

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  Lewis. D. August 19, 2016 “Sexual equality before the law”. Jamaica Gleaner.

Retrieved. April 27, 2018 from http://jamaica-

gleaner.com/article/commentary/20160819/dane-lewis-sexual-equality-law
 “Is the Law on Rape Sexist”. March 9, 2014. Bastian Lloyd Morris LLP. Retrieved.

April 15,2018 from https://www.blmsolicitors.co.uk/2014/03/is-the-law-on-rape-sexist/

APPENDICES

Questionnaire:

1. Gender
Male [ ] Female [ ]
2. To what age group do you belong?
18-22 [ ] 23-27 [ ] 28-32 [ ] 33-37 [ ]
38-42 [ ] 43-47 [ ] 48-52 [ ]

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 3. What is your occupation?

4. What is your definition of rape?

5. Do you believe females can commit the offence of rape?

Yes [ ] No [ ]
6. Have you ever heard of a female raping a male?
Yes [ ] No [ ]
7. Would you classify the offense as rape base on the age of the victim?
Yes [ ] No [ ]
8. Would you say that the law is Gender Bias?
Yes [ ] No [ ]
9. : Do you think females should be charge for such an offence regardless of the victims

age?
Yes [ ] No [ ]
10. Should the law be change as it relates to females being held criminally liable for the

offence of rape?
Yes [ ] No [ ]
11. How woukd this change be beneficial?

12. : Would an alteration of the in the law change public opinion on females being held

criminally liable for the offence of rape?

Yes [ ] No [ ]

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