‘Ask for ID’ - Experts sound statutory rape risks

With several men finding themselves on the wrong side of the law after getting involved with underage girls, one accused man now facing a possible long prison sentence is sounding the alarm.

"Ask dem fi ID all when dem big inna body," he told THE WEEKEND STAR, warning that appearances can be dangerously deceiving.

The man claims he had no idea the girl he dated was under 16. He has been charged under the Sexual Offences Act for a serious crime.

Attorney-at-law Michelle Thomas says men have a duty to ensure the females they are pursuing have attained the age of consent. She argued that asking for an ID to establish the person age may prevent a whole host of issues, including the likelihood of being prosecuted for something as serious as statutory rape.

Thomas explained that if a woman is clearly an adult--working, out of school, and easily verifiable-- one may not always need to ask for identification.

"But if a young person is going to school, then you have to exercise even more care, because once you are charged then you face a serious sentence," Thomas said.

"You're looking at up to 15 years in prison," Thomas warned.

At the start of the Hilary term (January to May) of the Home Circuit Court in Kingston, there were 363 sexual offence cases on the roster. Notably, 156 of them -- or 43 per cent -- involved allegations of sexual activity with a person under the age of 16. However, the age ranges of the individuals charged in these cases were unclear.

Meanwhile, Thomas said that the only possible defence is for someone to prove they genuinely believed the victim was over 16 years old. However, she admits that is often very difficult.

She cited a recent case where her client didn't discover the truth about the girl's age until after he got her pregnant.

"He was charged and he was sentenced. It is not something that is not common, it's very real," the lawyer said.

"So do due diligence at all times," she advised. "Depending on the circumstances, males should ask for the IDs, especially if the female is on the younger side. Nothing would hurt by asking," she said.

Meanwhile, Child rights advocate Priscilla Duhaney, spokesperson for Hear The Children's Cry, agrees that the burden lies squarely on adults.

"It is the adult's responsibility at all times to do their investigation and due diligence to satisfy themselves," Duhaney stressed.

"Minor girls do lie. They give the impression that they are older, but a child is a child, and we have to treat them as a child."

She said that asking for an ID is not the only way to establish age, and suggested that men can do more to ensure they are not getting involved with children. She dismissed the idea that being misled could be a reasonable legal defence.

"You as an adult, it is clear that you are the adult. So what could you have done to prevent yourself from being in such a position to be caught by the law?"

"Could you have asked more questions? Met the family? Asked when she graduated high school? Lack of knowledge is no excuse."

Duhaney didn't mince words. "Men do not take the time to get to know who they are going to go in a room or in a bed with. And because of that, they are falling short of the law."