JAMAICAN LAW RESOURCES

REPORTING STAGE Go directly to the nearest police station and make an honest report there. Give the police a brief report of the incident - state whether or not you knew the assailant - provide a detailed description of the assailant - state the location of the attack - whether or not the assailant was armed - if yes, what with. In the perfect world, the police should delay recording the victim's statement at the time of the report. Please insist on being taken to the doctor first. The report can be taken as soon as you are emotionally able to do so. The police must escort you to the hospital. Pursuant to JCJ Force Orders: No police officer must instruct you to return the following day! MEDICAL EXAMINATION STAGE A vaginal examination will be conducted. Vaginal swabs and smears will be taken from the victim. This is not a painful procedure. If anal sex was involved please inform the doctor. The doctor will take a swab also. IF you were struck by your ass...

Taken from the Ministry of Justice's website: http://www.moj.gov.jm/node/view/22

Dress appropriately! No shorts, t-shirts, no sleeveless, avoid wearing t-shirts bearing obscene graphics, no flip flops, no caps. Rastafarians and other religious groups that cover their heads as a part of their religious rites are allowed to wear their head dress. Unless you are wearing a bush jacket men are required to tuck their shirts into their waistbands. No setters. No breasts and brassieres exposed. No boxer shorts exposed. Depending on the judge men with pierced ears might be required to remove them before addressing the court. Answer the judge respectfully. Despite the popular belief of many a Jamaican, referring to females you have no relation with by terms of endearment such as "baby, mummy, auntie, sweetheart, darling, honey" is impolite. Never ever refer to a female judge or Clerk of the Court as such.  In like manner you do not refer to a male judge as "breddrin, father, my youth." "Yu see me?" is also inappropriate. The Clerk...

Unfortunately, rape is a reality for too many women and young girls in this country. Oftentimes the atrocity goes unreported, and understandably so. The Jamaican rape victim is more often than not raped repeatedly by those uninformed persons with whom the victim is required to interact, having made a report. POLICE Starting with the police. It is said that rape is often committed between 9 pm and 5 am. Yet the Centre for the Investigation of Sexual Offences and Child Abuse is closed during those hours. The result is that victims are made to rely on the police officer in the guardroom ... their first point of contact with the system. I recall one mother from a ghetto community testifying that she took her eleven-year-old daughter who had been raped directly to the hospital. She was told by the hospital staff she has to report the matter to the police station with jurisdiction over her community. She got the police station at 9 pm and the police offer said, "Come back tomorrow...

It has become apparent to prosecutors that most doctors in Jamaica are, like the average Jamaican citizen, are either fearful of testifying in the criminal courts or reluctant to attend court. While some of your colleagues simply tell us, “I have more important things to do!” Which you may agree is unfortunate. The truth is participation in the justice system affects all our lives. No-one living in Jamaica is immune from crime. A doctor can be robbed, raped, killed or injured in a motor vehicle accident; shot, chopped and all these experiences involve the court. I hope to alleviate the fears some of you may entertain and assure you that as prosecutors we are aware of the importance of the service you offer to the nation and we do respect your time. I will go through our expectations of you from the examination of the victim to testifying in court. TESTIFYING IN COURT WHAT DO WE DO TO ACCOMMODATE YOU? Admittedly, doctors are the only witnesses every court across the island gives...

WHO CAN GRANT BAIL SECTION 3(1) of the Act lists the persons who are capable of granting bail and these persons are: A Court i.e. Judge or Resident Magistrate A Justice of the Peace Police Officer SECTION 3(2) of the Act stipulates that no person shall be held in custody for longer than twenty-four hours without the question of bail being considered. It is clear from this section that although bail may be considered there is no guarantee bail will be granted. The Judge, Justice of the Peace or Police Officer has a discretion to grant or refuse bail. BAIL SHOULD BE GRANTED WHERE: 1. Defendant is not charged with an offence punishable by imprisonment. 2. Note that there are exceptions – eg. Defendant is a juvenile or safety of the defendant is threatened WHEN MAY BAIL BE DENIED? It is important to note the language of section 4(1) as it says bail “may be” not “shall be” denied. The authorities have a discretion to exercise. And this is understandable because circumstances in cases...