Jamaica: Can teacher convicted of sexual offence with pupil have records expunged?

Discussion in 'Articles' started by News Readers, Aug 15, 2022.

  1. News Readers

    News Readers The Paperboy

    Can teacher convicted of sexual offence with pupil have records expunged?

    Dear Mrs Macaulay,

    I have been reading your responses on expungement which have been very informative. A teacher pleaded guilty to carnal abuse in 2009 and was given three years imprisonment, and three years suspended sentence. The teacher (who was 29 years old at the time) had got his student pregnant who was 15 years old, hence the conviction. Based on my reading of the amended Criminal Records Act (2014), I assume that this individual would not be eligible for expungement. Would the teacher be required to register for the Sexual Offenders' Registry if his records cannot be expunged? Or maybe my assumption is wrong and his record can be expunged.

    I also saw where you raised the issue of the rehabilitative period for offences, in addition to serving the period for sentence (suspended or otherwise). I was unable to ascertain the period of rehabilitation for this particular offence.

    I note that your subject teacher, who was 29 years old at the time of his conviction for carnal abuse of a 15-year-old student of his, who became pregnant as a result, in 2009 was sentenced to three years imprisonment plus three years suspended sentence. The judge clearly took into account the fact that in all probability, the abuse was over a period of time, which was much worse than a single occasion, which is bad enough, even if the victim was a grown woman, let alone a child of 15 who cannot even consent. In addition, he was 29 ...


    Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, notary public, and women's and children's rights advocate. Send questions via e-mail to allwoman@jamaicaobserver.com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5. All responses are published. Mrs Macaulay cannot provide personal responses.

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