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Prostitution and the law

A READER of this column, who said he had reasons recently to drive around in the Corporate Area late one night, has emailed to ask that some light be shed on the provisions in the law regarding the nocturnal activities of the ladies of the night - a profession regarded by many as the world's oldest.

What is sure is that the law gives protection to girls under 16 years old and also to girls and women who have been detained for the purpose of having any unlawful connection. For instance, section 64 of the Offences Against the Person Act (hereinafter called 'the Act') provides that "If any person having the custody, charge or care of a girl under the age of 16 causes or encourages the seduction, unlawful carnal knowledge or prostitution of, or the commission of an indecent assault upon her, he shall be guilty of a misdemeanour and shall be liable to imprisonment for any term not exceeding three years."

Young girls protected

Similarly, section 65 of the said Act provides a penalty for persons having the custody or charge of a child or young person between the ages of four and 16 and who allows that child or young person to reside in or frequent a brothel. There are also provisions in the said Act for the suppression of brothels by making it unlawful for anyone to keep or manage or assist with the management of a brothel.

The law also targets those who live on the earnings of prostitution. At section 63 of the Act it said: "Every male person who knowingly lives wholly or in part on the earning of prostitution or in any public place persistently solicits or importunes for immoral purposes" shall when convicted be liable for conviction of a term not exceeding 12 months. The female was not left out of the picture as the Act made it clear that a female who exercised control, direction or influence over the movement of prostitutes in such a manner as to show that she is aiding, abetting or compelling her prostitution generally or with any person on conviction shall be guilty and is liable to spend up to 12 months in prison.

It is important to note that the law also provides protection against procuring young girls and women under 18 years old to have any unlawful carnal connection within or outside of Jamaica unless the person is a common prostitute or of known immoral character.

Loitering and soliciting

Not to be forgotten is the Town and Communities Act, which at section 3R provides that: "Every person who shall loiter in any public place and solicit any person for the purpose of prostitution shall be guilty of an offence and liable for a penalty not exceeding one thousand dollars." The fine is small but it is none the less a deterrent, especially if frequent and effective policing is applied.

From all indications the law seeks to protect the young, those who are mentally challenged and those who are forced or coerced into prostitution or immoral acts. It is also against the operation of a brothel, prostitution and the procurement of girls and young women for any unlawful carnal connection.


Keith N. Bishop is an Attorney at Law and partner in the firm of Bishop & Fullerton. He may be contacted by email at knb@bishopfullerton.com.

 
December 7, 2006
 

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