Criminologist: Keep sexual offences out of expungement discussion
Published:Monday | October 20, 2025 | 12:10 AM
Criminologist Dr Jason McKay has opined that sexual offences should not be among consideration for expungement of criminal records, considering the lifelong effect on victims and high incidents of rape recorded by the Jamaica Constabulary Force over the period January 2024-October 2025.
Justice Minister Delroy Chuck opened last Tuesday’s debate on the Criminal Records Rehabilitation of Offenders Amendment Act, 2025, in the House of Representatives.
Parliament is moving to adjust the maximum sentence that can be expunged, from five years to 10, as well as expanding the number of eligible offences, particularly some marijuana-related convictions.
Consideration would be after a period of rehabilitation, during which the individual would not have committed an additional offence.
Acknowledging that thousands of Jamaicans would benefit, especially from minor marijuana offences, McKay noted that the justice minister hinted that additional offences would also be included. He, however, warned against sexual offences being expunged from offenders’ records.
Scars for lifetime
A district constable based at the St Catherine South Police Division headquarters, which covers gritty informal settlements within Portmore, Central Village and Old Harbour, McKay said sexual violence results in scars that victims bear for a lifetime – physically, emotionally and mentally – for which offenders should not be relieved by way of criminal-record expungement.
“I am on the ground every day in some of the toughest communities in one of the country’s most expansive police divisions, witnessing, first-hand, how sexual violence impacts victims, perpetuated as a means of control over entire families, which can suffer – from grandmother to underage daughter,” McKay pointed out.
“I do not believe that these perpetrators, when caught, put before the court and fearful victims testify, along with their families, that there should be expungement of any such record. This is not a murder trial in which the victim died. Imagine a rape victim passing the offender on a street corner, even though [it’s] years later, knowing that record no longer exists,” McKay hypothesised.
Pointing to the Jamaica Constabulary Force’s ‘Serious Crimes Report for January 1 to October 11, 2025 and comparative period for 2024’, McKay noted that though rape was down by 23.5 per cent (from 344 to 263), the incidents were relatively high, showing astronomical increases in some police divisions.
“St Mary moved from five to 14 reported rape cases; Portland, up to 11 from three; Manchester jumped to 19 from nine; St Catherine North, with the most incidents last year, 35, is still going at the same pace, 35,” McKay pointed out.
The debate, McKay said, should also include reintegration into society for offenders whose crimes are not afforded expungement, particularly as it relates to employment.
“There are barriers for persons who have been convicted that are significant. There is no real programme for reintegration, so reoffending becomes almost unavoidable,” he said.
“There are also restrictions on employment of persons in virtually all areas of government. Most large business entities also require background checks, including disclosure of criminal charges, irrespective of whether the applicant was convicted or not, which should not be a factor. At least one government entity, notably, the Firearms Licensing Authority, also requires such disclosure.”