Of the 24 parliamentarians canvassed, 22 believe legislation ought to be changed
NASSAU, BAHAMAS — While the creation of laws surrounding marital rape remains a contested issue in the public domain, at least 24 lawmakers in The Bahamas on both sides of the political divide believe the time has come to specifically protect victims in these circumstances.
Eyewitness News canvassed a cross-section of parliamentarians in recent weeks on the issue.
Of the 17 parliamentarians interviewed, 16 expressed support for changes to the existing law.
Another seven senators were asked their positions.
Six expressed support, while one — Senator Tyrell Young — declined to comment.
Former Prime Minister Dr Hubert Minnis also declined to comment, noting that “I would have to see the bill”.
Opposition Leader Michael Pintard said he has expressed support publicly.
As did Prime Minister Philip Brave Davis, Bain and Grants Town MP Wayde Watson, Bamboo Town MP and Speaker of the House of Assembly Patricia Deveaux, Englerston MP Glenys Hanna-Martin, Freetown MP Wayne Munroe, Garden Hills MP Mario Bowleg; Pinewood MP Myles Laroda; South Beach MP Bacchus Rolle, Tall Pine MP Dr Michael Darville, Yamacraw MP Zane Lightbourne, Central and South Abaco MP John Pinder II; North Andros and the Berry Islands MP Leonardo Lightbourne; Central and South Eleuthera MP Clay Sweeting, Long Island MP Adrian Gibson, and Senator Darron Pickstock.
The prime minister has said marital rape is wrong, but said an effort to change the law should be a part of a “larger national conversation and consensus”.
But he said the issue is not on the government’s agenda this term.
The speaker said while she cannot speak from an experienced position, as she remains unmarried, she does not believe women or men “should be enduring violence”.
“We should move legislation,” she said. “Let me say that, but I am not married, so I cannot really speak specifically to that. But if I had a voice in it, I would move that we move legislation to protect women on all fronts.”
Free National Movement (FNM) Senator Reuben Rahming, former Pinewood MP, said there should be more avenues for individuals to separate from their spouses and end abusive marriages, as well as greater protection for the spouse issuing a complaint.
He said marital rape is “a problem and it is real” as is spousal abuse.
“There are a lot of things we have to fix not the way to that and it is not a matter of just jumping to hit a problem, but we don’t fix the holistic problem. That’s not with the state. That includes the church, the family, where we are culturally.”
Last week, Minister of State for Social Services Lisa Rahming suggested that the government will criminalize marital rape, noting that the new legislation would cover “everyone”,
The Bahamas has been labeled as out of step with the United Nations Convention on the Elimination of All Forms of Discrimination Against Women because of its failure to criminalize all forms of marital rape.
Senator Michael Halkitis, the minister of economic affairs, opined the current law puts The Bahamas out of step with the majority of the world.
“I think it should be criminalized,” he said.
“Having said that, we have to make sure that our law enforcement etc. who are investigating and moving towards prosecution — because it is something new — have access to the proper training and whatever else needs to happen to put in the safeguards that we hear people; people are afraid this will lead to an increase of false reports etc.
He continued: “To say that a man cannot rape his wife, particularly in 2021, these modern times, I think that is a mistake.”
PInder, a father of a daughter and son, said: “We are individuals. We may have a piece of paper that binds us, but it is to each of our own discretion as to what we do with our bodies. And so, I am very much for choice and women’s rights 100 percent.”
Pickstock agreed marital rape ought to be criminalized.
“If everyone has a choice is life, no one’s rights should be tramped on,” he said.
“It doesn’t matter if you are married to someone or not.
“We are all individuals. And so, my view is that it should be criminalized.”
Senator Barry Griffin did not mince words on the issue.
“All forms of non-consensual sex, intercourse, should be illegal,” he said.
Watson said while he understands the holy covenant of marriage, legislation must be advanced to protect both sides.
“I don’t believe a man should force a woman, married or not, to engage in intercourse or intimacy, and I don’t believe a wife should force her husband to do the same thing,” he said.
Rolle acknowledged it is a sensitive issue that requires continued discussion, but legislation is needed to be deal with marital rape, adding that “the reality is it happens and it is a violation of human rights”.
St Barnabas MP Shanendon Cartwright also said the issue has a lot of cultural sensibilities.
“First and foremost, any sort of abuse to a man or woman should not be tolerated,” he said.
“I believe it is something that we do need take a closer look at and keep in mind all of the considerations and the blind spots that may exist, relative to possible legislation, but fundamentally I totally agree and abhor any case of abuse to a man or woman.”
Lightbourne said as a married man with a daughter he would not like to see anything happen to her physically or otherwise.
He said no one has a right to physically abuse anyone in any way and if the law “suggests in any way that marital rape is acceptable, then we have to change the laws because for me it is not acceptable”.
The minister of state for education added that scripture some rely on as an argument for their wife submitting to them says nothing about forcing them to submit if they do not.
Meanwhile, Darville said it is “very important” to have legislation to protect women and their rights as it relates to marital rape.
He said: “A lot of issues associated with marriage and whether or not a man has that type of liberty, I believe that the women’s position should be paramount because it is her body and she has a right to make a determination as to whether or not there should be any relationship as it relates to sexual intercourse.”
Meanwhile, Gibson said he is a firm supportive of human rights and women’s rights and that extends to marital rape.
“It is my view that any unwilling, non-consensual sexual contact between a husband and a wife should be recognized as a criminal offense; at the very least the fear and the knowledge of the legal consequences should be ever-present.
Gibson added that as an attorney he recognizes that proving rape by a spouse in a marriage can oftentimes be more difficult, unlike that of rape between strangers separated couples.
Successive governments have expressed preparedness to amend The Bahamas’ Sexual Offences and Domestic Violence Act (1991) to criminalize marital rape, but the issue remains in the discussion phase to date.
This week, Minister of Social Services Obie Wilchcombe told The Nassau Guardian his ministry will hold a symposium with women’s groups to determine pertinent issues that need to be advanced to the Cabinet.
But the minister did not share his view on the issue of marital rape, noting that he did not wish for his opinion to “cloud the discussion”.
In 2018, Attorney General Carl Bethel advised the United Nations Human Rights Council (UNHRC) in Geneva, Switzerland, that the government intends to criminalize marital rape.
However, there was no movement on the matter under the previous administration.
The Bahamas Christian Council has not put forward a formal position on marital rape.
However, the council proposed in 2018 that spouses found guilty of forcing their partners to have sex, be liable to a prison term of life.
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