FIVE
STRIKE: “who is not his spouse”
Equality Bahamas launched the Strike5ive campaign to make its demands for amendments to the Sexual Offences Act clear. Marital rape must be criminalized, and it must be called rape. Equality Bahamas strongly opposes the 2018 Sexual Offenses (Amendment) Bill which fails to recognize that all rape is rape.
The bill proposes an addition to Section 15 on “sexual assault by a spouse” which has a penalty of up to 15 years imprisonment and requires consent of the Attorney General for prosecution. This is unacceptable. It suggests that it is not possible to rape a spouse, that the violent act of rape within a marriage is less vile, that the rights of married women are limited, and that consent of the Attorney General is more important than the withheld consent of a survivor who is married to their rapist. In addition, the 2018 bill proposes a limit of one-year for reporting. This is also unacceptable, particularly in the case of marital rape wherein the survivor lives with the perpetrator and it is not safe to report while cohabitating.
The amendments to the Sexual Offenses Act to criminalize marital rape must include:
- Amendment of the definition of rape in Section 3 to remove “who is not his spouse”
- Repeal of Section 15 on sexual assault by a spouse – This Section will not be necessary when the definition of rape is amended, removing “who is not his spouse,” so that there is no exemption and all incidents of rape are included.
- A statutory definition of consent
- No temporal limitation – There must be no limit on people’s ability to report rape under any circumstances.
- A clause indicating that there is no immunity on the basis a marital relationship
- No requirement of consent by the Attorney General
5-4-3-2-1: Strike five words, four DOs, three DON’Ts, two actions, and one goal
Resources
Watch the recording of Marital Rape: Gaps in the Law and Proposed Amendments with attorney and CEDAW Committee member Marion Bethel. This event was hosted by Equality Bahamas, on March 15, 2022, as a part of its International Women’s Day activities.
Equality Bahamas press release announcing the launch of the #Strike5ive campaign to criminalize marital rape
Read the Sexual Offences Act
Form letter to Members of Parliament
I support the criminalization of marital rape and the specific recommendations made by Equality Bahamas in the Strike5ive campaign. The Sexual Offences (Amendment) Bill, 2018 is unacc eptable. There must be no temporal limitation and no requirement for the consent of the Attorney General.
I urge you, as the representative for [constituency], to enthusiastically, publicly support the recommendations to amend the definition of rape in Section 3 by removing “who is not his spouse,” repeal Section 15 on “sexual assault by spouse,” include a statutory defintion of consent, and include a clause of non-immunity on the basis of a marital relationship. Your support for the criminalization of marital rape is not limited to your vote in Parliament; it must include consensus building among your colleagues and public statements of support.
Form letter to Minister and Minister of State for Social Services and Urban Development
Gender-based violence against women is a pervasive issue in The Bahamas, and one that the government must address. In 2017, Special Rapporteur on Violence Against Women Dubravka Šimonović stated that marital rape is the most pressing issue in The Bahamas. Since then, little progress has been made toward criminalizing marital rape.
The Sexual Offences (Amendment) Bill, 2018 is not appropriate as it fails to acknowledge that marital rape is rape, and it includes harmful limitations. We need legal reform that protects women from violence, increases access to justice, and contributes to positive changes in behavior.
Your visible leadership on this issue, as the Minister/Minister of State for Social Services and Urban Development, is critical. Support the criminalization of marital rape by meeting the demands of the #Strike5ive campaign by Equality Bahamas. Amend the definition of rape in Section 3 of the Act by removing “who is not his spouse,” repeal Section 15 on “sexual assault by spouse,” include a statutory defintion of consent, and include a clause of non-immunity on the basis of a marital relationship.
Form letter to Attorney General
The Sexual Offences (Amendment) Bill 2018 is inadequate and must not go forward. It uses language that validates the dangerous idea that marital rape is not rape, and that women lose the right to bodily autonomy when they marry.
Amendments to the Sexual Offences Act must include the removal of “who is not his spouse” from the definition of rape in Section 3, a clause of non-immunity on the basis of marriage, and a statutory definition of consent. Section 15 on “sexual assault by a spouse” must be repealed, and it will be unnecessary when the definition of rape is amended. There must be no temporal limitation and the consent of the Attorney General must not be required.
In 2017, the Special Rapporteur on Violence Against Women Dubravka Šimonović stated that marital rape is the most pressing issue in The Bahamas. In its Concluding Observations in 2018, the CEDAW Committee recommended the express criminalization of marital rape without temporal limation. In the third cycle of the Universal Periodic Review (UPR) on The Bahamas, the criminalization of marital rape was recommended under four themes—advancement of women, constitutional and legislative framework, discrimination against women, and violence against women—and it was supported by the government. The commitment to criminalize marital rape has been made through international mechanisms and the obligation to the people of The Bahamas is of the utmost importance. There must be no delay in drafting a new bill for the criminalization of marital rape in the specific ways outlined by the #Strike5ive campaign.
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Click through any of the below links (organized by year) to read more about marital rape.
Marital Rape in the News (2022)
Non-committal on marital rape, February 7, 2022
Pressed on his position on the issue, the minister said, “My position is reserved because I am going to be leading the discussion and I don’t wish my position to be a biased position or be seen as trying to guide women or all the stakeholders in a particular position.”
PM Hints at legal move on marital rape this term, February 23, 2022
“I don’t want to get into the description of rape and I’ve given the Attorney General (Ryan Pinder) the mandate to follow the recommendations that were given through that conference that was held last week.”
FNM: Amend the law on marital rape, March 9, 2022
“We in the FNM stand with Bahamians in defending a woman’s right to protection against sexual violence, abuse, or exploitation — in or out of marriage. Our leaders have reaffirmed this commitment repeatedly.”
Archbishop Pinder supports criminalizing marital rape, March 2022
“When an individual is forced to engage in sexual activity against his or her will, the perpetrator does violence to the dignity and value of the human person created in the image and likeness of God.
Bethel: Marital rape needs to be called rape, March 21, 2022
“And so, it needs to be called that, so we can enact section three (Sexual Offences and Domestic Violence Act) which is where the definition of rape is constituted as a sexual offense. This is a compromised position that does not call a spade a spade or the action or the offense what it truly is.”
Campaign launched to criminalize marital rape, March 31, 2022
“Rape remains one of the most under reported crimes around the world. Criminalisation of marital rape and an improved reporting process will ensure that all women, regardless of their marital status, are protected by the law, able to report, and have access to justice,” said Lauren Glinton, Global 16 Days campaign coordinator at Equality Bahamas.
Wilchcombe ‘to meet’ church on marital rape, August 4, 2022
Social Services and Urban Development Minister Obie Wilchcombe said he intends to meet with church leaders this month to the discuss the issue of marital rape.
Munroe on marital rape: we need to define what we want to criminalize, August 20, 2022
“It’s a social issue that will require sensible reflection and retrospection,” Mr Munroe said to reporters. “It impacts the institution of marriage, which is one of our social pillars. So we have to be circumspect and exact, we need to define what it is we want to criminalise,” he said.
Activists demand consultation on criminalization of marital rape, August 23, 2022
“It is quite telling that the government continues to prioritize religious leaders who frequently oppose the recognition and expansion of women’s human rights while it ignores organizations promoting and advocating for the rights of women.”
‘NO LAW TO SAVE WIFE FROM RAPE’: Judge makes ruling as woman says husband forced her to have sex, August 31, 2022
The judge wrote that while the court accepts that rape is a “most heinous act of cruelty”, there is “no rape in marriage” under a strict reading of Bahamian law.
Government showing no interest in dealing with marital rape, September 1, 2022
“The current administration continues to demonstrate its disinterest in addressing the issue of marital rape, putting it off and explicitly stating that it is prioritising other issues. People in situations of vulnerability and pressing social and legal issues are being ignored,” she asserted.
NO MORE EMPTY TALK: Activists blast PM’s comments on marital rape, September 6, 2022
“This administration, like many before it, continues to boldly state that it is prioritizing the economy as if the economy does not depend on and is not meant to serve people,” Wallace said. “The Prime Minister needs to lead his administration in moving from empty statements to meaningful action to transform our lives.”
Marital Rape in the News (2021)
PM indicates marital rape issue won’t be a priority item, November 11, 2021
Davis replied, “I have too many other things on my agenda to be thinking about.”
Bahamas has obligation to criminalize marital rape, November 16, 2021
“It’s a commitment and an obligation that we have and it’s also coming from NGOs on the ground who are also advocating for it. The current government needs to pay attention to our obligations both internationally and what NGOs are asking for.”
Women MPs say marital rape issue should be addressed, November 17, 2021
[Miller-Brice] added, “As a legislator, I will utilize every opportunity to be an advocate for change that brings these issues to a resolve. I believe we need to all stand up for what is right in our society and I salute and applaud any effort to bring justice into the equation for many women who have suffered rape in the marriage bed.”
Marital Rape in the News (2020)
Conflicted on marital rape, February 4, 2020
“I wouldn’t want a person to be able to abuse the privilege of being in a marital union to infringe on someone’s right to say no,” he said in an interview with The Nassau Guardian. “But at the same time, when you compare that with the spiritual aspect of two becoming one and whenever a partner wishes to be accommodated sexually and so on, that the other partner really should comply.”
Equality Bahamas: Act on Marital Rape Issue Now, February 5, 2020
Director of Equality Bahamas Alicia Wallace said, “We call on Moultrie to respect his own position and conduct himself as a representative of the people, responsible for the protection of vulnerable people and a participant in the legislative process in a democracy that regards that responsibility with seriousness and dedication. The country does not need to hear about religious texts or interpretations when we are faced with laws that are discriminatory, fail to protect vulnerable people, and are inarguably unequal, particularly when their drafting was already influenced by a religion to which the law does not require the people to subscribe.”
Marital Rape in the News (2017)
Equality Bahamas says minister must go over comments, December 29, 2017
“No member of Parliament or Cabinet minister has the right to disagree with the actual definition of rape which is currently not reflected in the Sexual Offences Act, ignore the trauma it causes, or influence legislation and policy by placing personal beliefs and preferences above the human rights to which all Bahamians are entitled,” EB noted.