Devon Dick | Judge erred grievously in rape case

Late last year, a judge did not sentence two schoolboy athletes who raped a 12-year-old schoolgirl athlete, apparently because the boys were prominent and had a bright future. Instead, they were placed on probation, or something like that. I was driving while listening to the newscast, but the name of the judge or the schoolboys or the school or the parish were not mentioned. However, it seems that the place was rural Jamaica.

This was not consensual sex. This was no foolish young lovers engaging in experimental sex. This was not youngsters ‘trying a thing’ and searching after an experience. This was not underage students who were ‘in love’. This is two boys against one girl. This sounds like sexual battery. This is nothing short of boys ganging up on a girl and ‘having their way’ with her against her will. That it went to court is (usually) indicative that the girl made a complaint. And yet no outrage from society.

The focus of the judge, based on the news item on December 21, was on the boys and not the victim, the 12-year-old girl. How is this girl coping? Is she being ridiculed, blamed and embarrassed by her peers for bringing this carnal abuse on herself? It is the girl who should be protected and her profile mentioned. She should have been described as ‘promising and prominent’, and how these boys have jeopardised her future with scars that prevent her from functioning properly. Is the 12-year-old suffering from flashbacks and sleepless nights? How did the incident affect her end-of-term exams? Is she having a poor view of males? This awful, gruesome incident can negatively affect the girl psychologically, emotionally, academically and athletically.

SENSE OF ENTITLEMENT

Furthermore, the reason for the ‘let off’ by the judge could give these boys a sense of entitlement to the bodies of females. They could feel that as track stars, girls will let you do ‘it’; that track stars can do anything and get away with it. The boys will feel they can grab and grope any female body parts. It could develop in these males a lack of respect for female bodies. A strong message should have been sent to the boys that their behaviour was a gross violation of the 12-year-old girl. And even if probation was deemed necessary, the rationale about being prominent and having potential was erroneous in the extreme. In addition, even if the judge felt he wanted them to continue regular schooling, that judge could have prescribed weekend jail time so that the gravity of the crime would not be lost on the boys, and it would make them miss some athletic development meets.

Furthermore, there are some questions for the school administration. This gross act happened at a school athletic camp for boys and girls. Was the administration and coach negligent in this rape case? What action or actions have been taken against these adults to ensure they are more vigilant? Are other 12-year-olds at risk when parents send their girls to co-ed track camps?

Worldwide, the conviction rate for those who are charged with rape is low. In Britain, fewer than 50 per cent get convicted. In Japan, when it comes to rape cases, the issue of consent is irrelevant. The female rape victim apparently has no right over her body in terms of sexual intercourse. For a rape victim to succeed, the victim has to prove she felt threatened. And there are horror stories of gang rape in India.

This nameless 12-year-old girl was seriously violated and the ruling was unhelpful.

Devon Dick, PhD, is pastor of Boulevard Baptist Church and author of the recently published Enduring Advocacy for a Better Jamaica, in addition to The Cross and the Machete and Rebellion to Riot: The Jamaican Church in Nation Building.