MONTEGO BAY, St James — A woman whose 13-year-old daughter spent time with a man in another parish before the police intervened during a traffic stop has been found not guilty of cruelty to a child.

Presiding judge Natiesha Fairclough-Hylton delivered the verdict on Thursday following a two-witness trial that began on May 20. The child and the investigating officer both took the stand.

The woman, whose name is being withheld to protect the identity of her child, was charged with wilfully exposing her daughter in a manner likely to cause her unnecessary suffering, contrary to Section 9 (1) of the Child Care and Protection Act.

The prosecution had argued that the woman intentionally neglected and abandoned her teenage daughter by allowing her to leave with a man who had no familial or social ties to them.

However, Fairclough-Hylton stressed that while a responsible mother would never act in that way, it does not constitute the criminal offence of neglecting one’s own child.

After the prosecution presented their arguments, defence lawyer Jermaine Campbell made a no-case submission, asserting that the Crown had failed to prove wilful negligence.

Fairclough-Hylton saw merit in the defence’s argument. In her ruling on Thursday she appeared to suggest that the woman’s parenting left a lot to be desired but stated that mere carelessness does not constitute intentional neglect.

“The prosecution has not satisfied that aspect of showing that you wilfully neglected your daughter. Much more would have been desired in terms of good parenting, but I am bound by the law, and the law requires that the prosecution proves that aspect. The prosecution has failed to prove that aspect, and the verdict of the court for cruelty to a child is not guilty,” the judge informed the defendant before discharging her.

According to court testimony, the woman provided pocket money and allowed her daughter to leave St James to attend Grand Market, an event in Savanna-la-Mar, Westmoreland, with a 19-year-old male friend on December 23, 2023. She was due to return home on December 25.

During her time on the stand, the girl said she met the 19-year-old through her ex-boyfriend on social media and they had their first face-to-face meeting in April. Her mother also met him then, she said.

The girl stayed at the 19-year-old’s house until December 25. The court was told that on that day she was in contact with another man, who took her to his house and had sexual relations with her. Sex with a minor is illegal. The following day he gave her a ‘morning after’ pill, a contraceptive.

On December 26 the girl was returning to Montego Bay with the man and one of his friends when they were stopped by police and taken to Savanna-la-Mar Police Station, where they were all questioned.

The teenager’s mother was subsequently charged.