The Tribune

By JADE RUSSELL 

jrussell@tribunemedia.net 

WOMEN’S rights activists have accused the government of  “dragging its feet” on marital rape legislation, suggesting the Davis administration is stalling with ongoing consultations.

These comments came after Social Services Minister Obie Wilchcombe said on Wednesday that officials were hoping to have consultations wrapped up regarding proposed marital rape legislation in the next several weeks. 

When contacted for comment, Equality Bahamas director Alicia Wallace said women’s rights are not a priority on the government’s agenda.  

“By dragging its feet and finding excuses to stall, a clear message is being sent to everyone in The Bahamas that the government is less concerned about women’s right to protection from violence than it is about the issues it attends to and the people it panders to,” Ms Wallace said.  

Mr Wilchcombe also told reporters the ongoing consultation includes meetings with church leaders.  

“We’re still waiting,” he said. “We haven’t completed (it) yet. We are to move with the president of the Bahamas Baptist Missionary Educational Convention. He wanted to meet with us to discuss a few matters and with members of his church and leadership, we’re waiting for that date. 

 “We’re hoping to have it done very shortly because in March we intend to have a national women’s convention that will coincide with International Women’s Day,” he said.    

 However, Ms Wallace said it was “absurd” that the government was waiting on a date to meet with another religious group when there was a symposium held last September which numerous religious leaders attended.

 Ms Wallace continued: “The government should not treat this issue as though it is debatable. It is a fact that women are raped, and that in most cases the rapist is known to the victim or survivor. It is a fact that sexual violence is a violation of human rights, and a fact the government is responsible for ensuring that human rights are upheld.  

 “The criminalization of marital rape is necessary to give married women equal protection under the law and to affirm personhood and bodily autonomy. There is nothing any group can say to make any of that untrue.” 

 Ms Wallace said successive administrations have moved quickly on other issues while ignoring people in vulnerable situations. 

 “The Bahamas will go to the UN in a few months for the Universal Periodic Review. The government needs to pass the bill, or explain why, four years after recommendations were made at the last review at UPR as well as CEDAW, it has failed to do so,” she said. 

 For her part, Prodesta Moore, president and founder of Women United, told The Tribune that the government should be consulting with women organisations rather than just the church on marital rape. 

 She added: “It is my belief that the government needs to take this a little more serious and make this a priority. As opposed to just talking about they’re having more consultations with the church, the Baptist church, they’ve had with other churches.  

 “So, if this is so important for the churches, and for these other groups, why are you allowing them to determine to give you a date?”  Ms Moore said.  

 Ms Moore noted that officials do have the power to criminalise marital rape, adding the government could also aid in funding of women‘s organisations.  

 “Right now, it’s a challenge for all of us, I know for my organisation as one is challenged financially. But we’re going to go there and do some fundraisers and try to find ways to stay relevant and stay ahead of these bills and ensure that they are passed.” 

 Last year the government released the proposed Sexual Offences (Amendment) Bill.

  The draft legislation would repeal Section 3 of the current law that defines rape, adding a new definition of rape that recognises the act within a marriage, and amends Section 2 to redefine what consent and indecent assault is.

  Under the proposed bill, rape is redefined as “the act of any person not under fourteen years of age having sexual intercourse with another person without the consent of that person where he knows that person does not consent or is reckless as to whether the person consents.”

 The draft bill adds a new section titled ‘3a’ that addresses the issue of consent which it defines as “the active agreement to sexual intercourse or to indecent assault, given expressly and freely, by overt acts, or words indicating agreement by a person, who has the capacity or legal ability to consent”.

 The draft bill was met with mixed reactions from religious leaders at a Ministry of Social Services symposium last year—with one pastor calling it “the most wickedest and demonic bill” in the country’s history.