The Tribune

“Any government’s failure to criminalise marital rape effectively condones and enables the existence of a domestic space within a marriage where sexual violence is permitted. The married woman is, in effect, abandoned with no legal protection.” - Marion Bethel

IT now seems likely that yet another government will fail to outlaw marital rape. It is a failure of political will and moral courage by a succession of political leaders in both major parties to outlaw a matter criminalised in the vast majority of countries, some for many decades.

But the greater failure is that of our culture, including an often passive populace and a deep-seated fundamentalism that paralyses the advancement of greater equality and basic norms of decency and human rights.

Despite the frenzied emotionalism of various religious leaders who passionately declare their love of and devotion to Jesus Christ and his admonitions of love, there remains a view in far too many clerical mindsets that a man who supposedly loves his wife can rape her without consequence.

This is not the love of Christ. It is human sinfulness and male vanity!

The moral and political confusion on marital rape was captured in the odd and unthinking statement by Speaker of the House of Assembly Patricia Deveaux as reported in The Nassau Guardian.

Deveaux remarked: “You know, it’s sort of tough for the Speaker to weigh in exceptionally on that; one, because I’m not married, so I really don’t think that I’ll have a fair balance.

 “When you are married and you would have spent years with your husband, I don’t know how to balance the word rape in a relationship.

“I have my personal views that I’ll keep to myself, but in terms of being married, I think it will be an unfair gesture for me to answer because I’m not married.”

By extension, the Speaker is suggesting that as a parliamentarian she cannot opine on anything of which she lacks personal direct experience. Is she suggesting that every unmarried person, including those who take a vow of celibacy, as well as unmarried politicians, should refrain from having a view on marital rape?

If direct personal experience was a prerequisite for a parliamentarian to opine and vote on a matter, imagine how little progress we would have made in human history on everything from women’s suffrage to outlawing child labour.

The Speaker could have said to reporters: “In my role as Speaker, it best that I do not comment on this matter.”

To add to the confusion and unintelligibility that is resident throughout the country, the Speaker also said: “I’m not going to posture there, because, like I said, I am not married, and so I don’t know how to balance it against a marriage.

“Now, if it’s a criminal act, it’s a whole different ball game, but if it’s a man and a woman lying down in a bed, I don’t know how to say that I’m totally against it because like I said, I’m not married, I wouldn’t know what goes on behind closed doors.

“It would have to be a case presented where something would have been happening for years; maybe there was some abuse, or something in the relationship that would get me to react to something like that in a marriage.”

So, is the Speaker suggesting that there could be a pattern of abuse leading to marital rape? Further, what other violence should be ignored “behind closed doors”? The Nassau Guardian report continued: “When it comes to the word rape, and we take the word married out of it, listen, the Speaker is totally against that.

“I believe that a woman is in control of her body and when she says no, it’s no. If she is not married and we are just using the word rape, I believe that it is a very criminal act.

“Coming out of a criminal background, because I worked with the police department for more than 30 years, I’ve seen a lot and I understand when we talk about the word rape, especially with children, I believe these guys should be [hanged].

 “Some of them end up destroying these children’s lives and these women end up growing up not even able to bear children of their own because of the acts that would have happened to them.”

The story ended: “But the Speaker suggested marital rape is another matter.” So, a single woman and children can be raped, which may harm them irrevocably, but within marriage a woman can be raped but because she is married there is no harm?! So, she must just endure the indignity? This is bizarre moral reasoning and illogical.

Christian Council president Bishop Delton Fernander, not known for his theological and intellectual acuity, was typically unhelpful and confusing.

He irrationally and bizarrely floated a red herring and distraction, suggesting that outlawing spousal rape could somehow lead to civil unions, though he offered no evidence to back his bogus claim. For many religionists their theology of marriage is antediluvian and more about male power instead of spousal love.

Faith should be informed, graced and seasoned by reason. The tradition of reason in some religious communities is threadbare and, in some instances, wholly absent. When an argument is suffused in fearmongering, ignorance, irrationality, proof texting of Scripture and bogeymen it is unlikely to be of the Spirit of the Lord.

The notion of “consultation” with the religious community, which seems interminable, is now a euphemism for delay, indecision and paralysis. This is morphing into farce.

Despite the entrenched backwardness of some, we are making some progress, though the criminalization of marital rape remains a distant horizon.

Deputy Speaker Sylvanus Petty, the Member of Parliament for North Eleuthera, offered intelligibility, consistency and empathy. The Guardian reported that “he supports criminalising marital rape, even if it costs him his political career.

“‘Definitely, this is my opinion,’ said Petty when asked if he was willing to risk his political career to support the issue.”

He stated: “No means no, whether it be a man or woman. I don’t think because you are married you should force yourself on anyone. That’s just where I stand no matter who is against it. That’s where I stand.

“It’s not only for women, but it’s for men as well. I have sisters, I have aunts, I have nieces, so I have to look out for them as well. Marital rape, rape is rape, whether you are married or not, no means no.

“Being married doesn’t give you the right to say, well, OK, I can abuse my partner. The laws of the land stand that rape is rape. That’s my stance on it.”

Minister of Works and Fort Charlotte MP Alfred Sears has now added his public voice to the debate. As reported in The Guardian, he stressed: “Nobody has the right to rape anybody,” said Sears responding to a reporter’s question. “That’s my position.”

The story continued: “Sears was asked what message he had for his colleagues who may not support the proposed changes to the law. However, he would only restate his own position.

“‘I support the criminalisation of marital rape. That’s my position and I’ve stated my position without any ambiguity.

“During the debate, and when the debate comes before Parliament, I can state as the member for Fort Charlotte that I support the criminalisation of rape in any circumstance. That’s my position.”

Human rights campaigner and attorney Marion Bethel is emphatic: “Under human rights law, all women, inclusive of a married woman, have a right to live free from sexual violence to bodily autonomy and integrity, to self-determination and to personal security.”

Women’s rights activists are on the mark. This government, like others before, are dragging their proverbial feet after proposing the Sexual Offences (Amendment) Bill, 2022, “which would change the definition of rape to include the act within marriage.”

Minister Sears says he will support the legislation when it comes before Parliament. But when is that? There is reportedly pressure from some clergy, various Cabinet ministers and some public relations operatives to leave the pressing matter alone.

The recent celebration of Women’s Month, with various activities, billboards throughout the island, and encomiums to women pioneers, rings hollow in many ways because of our gross – in both senses of the word – failure to promote the dignity of all women by outlawing spousal rape.

 The failure to do so is an indication cum message to all Bahamian women, men and children, present and future, and to the world community, that a certain group of women remain legally unequal and at risk of violence.

This is worse than embarrassing. It is a moral, social and national disgrace, which Parliament can finally end. How much longer will Bahamian women have to wait, at the mercy of mostly men who have egregiously failed them – yet again!

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