NASSAU, BAHAMAS — The latest draft amendment of the Sexual Offences Act would outlaw marital rape and redefine several key terms.
The highly anticipated Sexual Offences Amendment Bill will be presented at the Department of Gender & Family Affairs’ Sexual Offences Legislation one-day symposium at the Breezes hotel today.
Minister of Social Services and Urban Development Obediah Wilchcombe will be the moderator at the event, which the ministry hopes will facilitate a “neutral platform to advance the passage of the bill”.
In a statement, the Ministry said the bill “secures justice for women and men while strengthening the family”.
The issue of marital rape returned to the spotlight following a recent court ruling.
Section three of the bill has been amended to change the definition of rape, notably excluding the current exception that does not acknowledge rape within a marriage.
“…the act of any person not under fourteen years of age having sexual intercourse with another person who is not his spouse…”
– Current definition of Rape in the Sexual Offences Act
“…the act of any person not under 14 years of age have a sexual intercourse with another person without the consent of that other person complaint and where person who perpetrates the act does not reasonably believe the complainant consented.”
– Proposed definition of Rape in Sexual Offences Amendment bill
A number of terms in the amended bill have been redefined, including consent, sexual offense, aggravating circumstances, and indecent assault.
As it relates to consent in sexual offences and indecent assault, a person shall not be deemed to have given consent if they are extorted by threat or fear of bodily harm to the person or to another person.
Other provisions applicable to consent include whether it was obtained by impersonating the spouse or other person personally known to the person; expressed by the words or conduct of another person; induced by abusing a position of trust, power, or authority; given by the person originally, but withdrawn by express words or conduct and not replaced by any agreement to engage in sexual intercourse or an indecent assault.
Consent is also not valid if obtained by administering a substance without the person’s consent capable of causing or enabling that person to be stupefied, put to sleep, and/ or, overpowered at the time of the act of sexual intercourse or indecent assault; obtained by a pattern of behavior which has the effect on that person of coercing, controlling, exploiting or limiting access to financial resources.
The bill states that consent shall not be inferred by: “reason of silence or lack of physical resistance on the part of that person; or reason of sexual arousal on the part of that person”.
“Whether a belief is reasonable, is to be determined having regard to all the circumstances including any steps the accused took to ascertain whether the person he had sexual intercourse with, or indecently assaulted, was consenting,” the bill read.
It further states that it is not a defence to a charge of a sexual offence or indecent assault, that the accused believed that the person consented to sexual intercourse or indecent assault, “where his belief arose from his self-induced intoxication, recklessness, or willful blindness; or he did not take reasonable steps in the circumstances known to him at the time, to ascertain whether the person was consenting”.
The age of consent as it relates to ‘indecent assault’ would be decreased from 16 to 14.
A person found guilty of a sexual offense, other than rape, that is accompanied by any aggravating circumstances would be liable for imprisonment up to 20 years, instead of the previously established 15 years.
“Aggravating circumstances” include the use of drugs; the use or threat of use of a weapon; the use or threat of use of violence; the infliction of mental or physical injury on the victim as a result of the offence; and a repeat of an offence.
For those living off the proceeds of or soliciting prostitution, the maximum imprisonment would be eight years instead of five.
The symposium is scheduled to begin at 8.30am and end at 3pm at Breezes resort.
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