The Tribune

By EARYEL BOWLEG

Tribune Staff Reporter

ebowleg@tribunemedia.net

BISHOP Laish Boyd said the Anglican Diocese “wholeheartedly” supports the proposed amendments to the Sexual Offences Act so that “wherever rape happens it is called rape”.

When stating the support of the legislation, which would make marital rape a crime, he said this is a “simple and no-brainer” step in pursuit of justice and basic human rights for all parties.

The Bishop of the Anglican Diocese of The Bahamas and The Turks and Caicos Islands added that no person, whether single or married, should be subject to degrading violent behaviour.

Bishop Boyd made these comments in his address at the opening service of the 119th Session of the Synod at Christ Church Cathedral on Wednesday night.

 A draft amendment to the Sexual Offences Act that seeks to criminalise marital rape and redefine what consent is, among other terms, was met with mixed reactions from religious leaders when it was released last month.

 The draft legislation repeals Section 3 of the current act 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.”

 Bishop Boyd argued that rape is a heinous act of violence perpetrated against another person using sex as a weapon.

“It is not an act of love by any stretch of the imagination,” he said. “Force is used to overpower a person who does not consent to the act. A fundamental human right for all persons is to have equal protection under the law without discrimination. No person whether single or married should be subject to degrading and violent behaviour.

“Married persons should not lose that right simply because they are married. Marriage is a sacrament before God where persons covenant to love and protect each other until death. Rape is not love or protection.”

 He added like any criminal offence, incidents like these must be proven beyond all reasonable doubt in order to obtain a conviction.

 “It is acknowledged that the institution of marriage implies a consent of the parties to love each other sexually, however it cannot be reasonably interpreted that this consent is given only once on the marriage day and lasts until death or until the dissolution of the marriage. Rape like any criminal offence is subject to the criminal standard of proof, and the accused is innocent until proven guilty.”

 The bishop pointed out that the proposed amendment seeks to remove the phrase “who is not his spouse” and to include a further qualification which states “where the perpetrator does not reasonably believe the complainant consented.”

 He added this provides a possible defence which speaks to the nuances of an intimate relationship where words may not always be spoken to give consent and body language may confer consent.

 “My friends this is a difficult, sensitive, and delicate issue but it must be addressed in the public forum responsibly with ample dialogue. A spouse is entitled to the control of his or her body, and should only willingly give in when he or she wishes,” the bishop said.

 “If there is a problem with a spouse being willing to give consent, there is a fundamental concern with the marriage itself and the parties should seek spiritual and professional help.

 “However, in the absence of a serious issue in the marriage, a spouse should be able to give consent each time that the parties have sexual intercourse. If the sex is taken without that consent, it is rape.”

 Bishop Boyd also said: “Let me repeat for the sake of emphasis that we support the proposed amendment to the legislation. This is a simple and no-brainer step in pursuit of justice and basic human right for all parties.”