NEW JERSEY INTERNATIONAL ENGLISH

CENTER.
UNDERAGE SEX.
BOOK # 3

By Dana Seetahal
Story Created: Feb 7, 2014 at 10:19 PM ECT
Story Updated: Feb 7, 2014 at 10:19 PM ECT
Now that it has been widely reported that there are about 2,500 cases of teenage
pregnancies each year everyone has jumped on the bandwagon to cry out against
the “alarming” situation. It is as if blinders have been removed from their eyes. This
has been going on for years, as borne out by what Education Minister Dr
Gopeesingh said in pointing out that out of every 15 patients in the antenatal clinics
in the public sector, 10 are teenagers. Some years ago the various newspapers
carried a report of a 21-year-old man who was “devastated” by the death of his
very pregnant 14-year-old girlfriend who had perished in a collision involving a
maxi-taxi in which they were passengers. The articles were apparently meant as
“soft” pieces to elicit sympathy for his loss. No one, least of all the reporters,
questioned the fact that at 14 the girl was already pregnant and by a man of 21. I
wrote a column at that time enquiring why the police were not investigating. Now
that the matter is receiving national attention it may be that there will be some
proactive action taken in such cases and it does not become swept away when
another scandalous event, national or otherwise, occurs. Before we talk about what
the law says about the matter it is important to determine how many of the reported
2,500 annual teenage pregnancies were in respect of teenagers who were under
16 when they conceived. A person is a teenager until the age of 19. Our law does
not prohibit sexual intercourse with consent with a person 16 years and older. A girl
over that age may consent to sex. Resulting pregnancies involving teenagers who
had sex after they turned 16 might constitute a social problem but are not offences.
It is cause for concern that girls who have not even completed their education, are
generally too immature to rear a child and have little means of financial support are
having children.

The medical professional and reporting In so far as reporting pregnancies or actual

sexual intercourse involving a minor is concerned the law makes provision for that.
Section 31 of the Sexual Offences Act requires that not only must parents or
guardians report the matter but also “a medical practitioner, or a registered nurse
or midwife” who has “performed a medical examination in respect of a minor, and
who has reasonable grounds for believing that a sexual offence has been
committed in respect of that minor”. So if a girl of under 14 who is pregnant shows
up for medical attention then it is mandatory that the doctor/nurse report this to the
police. Why, one may ask? The answer is that in order to become pregnant sexual
intercourse must almost certainly have occurred (except of course in the case of
NEW JERSEY INTERNATIONAL ENGLISH
CENTER.
artificial insemination) and since it is an offence to have sexual intercourse with a
girl under 14, this would be a case of statutory rape. It is important to note that a
girl under 14 cannot consent to sexual intercourse. Further, where the girl is under
18 (a minor) and there is medical evidence that suggest non-consensual sex or
grievous sexual assault or that the person with whom the girl had sexual
intercourse was a blood relative, the medical professional must also report the
matter to the police. Failure to so report in any of the above cases is an offence
and renders the offender liable to imprisonment for seven years.
This has been the law since 2000 so I find it passing strange that not only does the
Minister of Health seem to believe that patient-client confidentiality is an excuse for
non-reporting but even the PRO of the Medical Association talks of “the grey area”
and admits he does not know what the law is. If the Medical Association is unclear
then where does that leave the ordinary doctor? Any question of confidentiality
must give way to the law especially where a crime is committed and there should
be no uncertainty about that.

Responsibility even without the law Even if doctors are not sure there are some
persons who deal with children who are aware of their responsibilities. During the
1990s (even before the 2000 law came into effect) I prosecuted a case in which a
man had forcibly had sexual intercourse with his common law wife’s 12-year-old
daughter. For months when the mother went to sell the market he would force
himself on the child and threaten her with all manner of things if she told her
mother. It was only when she became ill, was taken to the hospital and found to be
pregnant that she told the social worker what her stepfather had done. To her
credit the midwife immediately reported it to the police who arrested and charged
the man. A few years afterwards he was sentenced by Justice Clebert Brooks to 22
years imprisonment. What is necessary in the cases of underage/teenage
pregnancies is to determine first whether the teenager is over 16. If she is, then we
are dealing with a social problem that more often than not results from poor
parenting, poor role models and/or lack of supervision. If the pregnancy resulted
from non-consensual sex then it could be an offence of rape that must be reported
to the police.
If the pregnant girl is under 16 all such situations should be reported to the police
who should immediately in the case of a girl under 14 arrest the person she
alleges is the father. There are no two ways about it.
It is time society appreciates in no uncertain terms what statutory rape is — sex
with a girl under 14 — and even if the girl is 15, it is only a defence if her partner is
no more than three years older than her and she consented.

* Dana S Seetahal is a former independent senator