NASSAU, BAHAMAS — Prime Minister Philip Davis yesterday sidestepped questions by reporters over whether his government would move to address the issue of marital rape, and instead committed his administration to tackling the root causes of all forms of violence.
His response drew criticism from activists yesterday who referred to his comments as “empty” and “disheartening”.
Davis was asked to comment on a recent divorce ruling that was granted on the grounds of cruelty to a wife who claimed that she felt like a rape victim for an extensive period of time.
Supreme Court Justice Denise Lewis-Johnson ruled that while the actions of a husband who repeatedly “forced” himself on his wife were cruel, there is no rape in marriage under Bahamian law.
“I don’t quite follow that ruling, first of all, violence is violence I don’t like describing rape at all,” said Davis on the sidelines of the 2022 SDG Partnership Forum.
“I think marital is descriptive that it detracts from the substance of what rape is all about. Rape is a violation of someone’s body without their consent in circumstances where consent is necessary.”
Davis further stated he found it “curious, that a judge can say that a woman who claims that she was raped by her husband cannot use that as a ground for divorce when physical abuse could be and rape is physical abuse”.
Prodesta Moore, the founder of Women United and a participant in the recent Gender Based Violence Discriminatory Law Review Forum, said she found Davis’ comments concerning amid ongoing talks on legislative amendments this month.
Moore also expressed concern that the Gender-Based Violence bill had not yet been tabled.
“To take from marital rape and say use physical abuse, not even sexual assault as a defense is very concerning because now we’re here talking about making amendments to the Sexual Offenses Act this month and he made no reference at all,” she said.
“There is supposed to be training where they are trying to amend the Sexual Offenses Act to say rape is the act of any persons not under 14 years of age having sexual intercourse with another person without the consent of that other person who is the complainant, and where the person who perpetrates the act does not reasonably believe the complainant consented.
“Now it’s going all over the place but that’s one of the recommendations they’re making as opposed to saying what it is and taking out those four words ‘who is not their spouse’.”
Moore continued: “I don’t know why we’re going all over the world and back in trying to prevent from dealing with this issue but this is a serious matter that needs to be addressed because clearly, we know that marital rape does exist.
“It’s just too much delays unnecessary, clearly it’s not a priority for them and it’s disheartening, to say the least.”
According to the Sexual Offenses and Domestic Violence Act, rape is the act of any person not under 14 years of age having sexual intercourse with another person who is not his spouse: without the consent of that other person; without consent which has been extorted by threats or fear of bodily harm; with consent obtained by personating the spouse of that other person; or with consent obtained by false and fraudulent representation.
Davis was asked yesterday whether the severity of rape could be acknowledged when current legislation mandates it cannot occur within a marriage.
“The law also says if a husband and wife are separated, that they are separated, rape could occur,” he said.
Davis has previously acknowledged the issue was not in his party’s manifesto, “Blueprint for Change”.
Minister of Social Services Obie Wilchcombe reportedly told the media last week it was time for the government to state its position on the issue of marital rape.
Wilchcombe is slated to meet with religious leaders to discuss the issue this month.
When pressed further by reporters to respond, Davis insisted it was time to “get on top of violence and abuse in all its forms”.
He said civility must be returned to society, which he noted had become too antisocial with relationships stretched by egos, personalities, and other external issues.
Yesterday, Equality Bahamas Director Alicia Wallace noted the Davis administration has yet to take action on gender-based violence as it nears its first year in office.
She furthered it has been five years since Special Rapporteur on Violence Against Women Dubravka Šimonović identified marital rape as the most pressing issue, and cited the country’s failure to meet international obligations to criminalize marital rape.
“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.”
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