MARITAL RAPE LAW ‘HARMS OUR SONS’

As of Friday, July 7, 2023

On Thursday the government hosted a consultation session on the Protection Against Violence Bill and proposed amendments to the Sexual Offenses Act.

By LETRE SWEETING

Tribune Staff Reporter

lsweeting@tribunemedia.net

MOTHERS expressed concern yesterday that young men will be unfairly punished if amendments to the Sexual Offenses Act criminalise marital rape.

Their worries drew a sharp rebuttal from retired Magistrate Carroll Munnings who said: “The woman still has to go to court to have her case heard. To say that oh, now I have to worry about my son because what is he going to get himself into? Well, guess what? If he isn’t going to rape his wife, he has nothing to worry about.”

The comments came as the government hosted a consultation session on the Protection Against Violence Bill and proposed amendments to the Sexual Offenses Act.

Ann McCoy-Minnis, the director of the Able Hands non-profit organisation, said it was scary to think her son could be accused of rape, adding he may not understand how consent is defined in the amendments.

“There are not many young persons here,” she said.

“As a person working from a community standpoint, I am hopeful that there would be other platforms or maybe town hall or community meetings where persons can give their opinions as it relates to the marital rape law.

“For me, I’m a parent. I have two sons. I am really concerned now from what I heard today in regards to the sentence of life for getting married?”

In response, retired Magistrate Carroll Munnings said she is not worried about her sons or other male relatives because they would not be punished if they do nothing wrong.

“I have sons. I have two,” she said. “I have brothers, and I have uncles and any number of male friends that are near and dear to my heart. I just want to go on record saying that the proposed bill does not strike any fear in my heart.

“I know that, on their part as males, my brothers who are married, that they don’t have any fear of the bill that is being presented.

“I have heard it said that we, as people, they want it to be equal for the men, because right now they only hear about the women and what the women can do. But guess what? What we are actually trying to do is to make it equal for the women who are married. That’s what this is about.

“This is not to take away anything. All it is doing is making it equal on both sides. Now where a man can make a complaint, a woman who is married can also make a complaint.”

Dame Anita emphasised that consent issues would be applied across the board, whether in spousal rape proceedings or otherwise.

“I know what the maximum penalty is, and I think it’s life,” she said. “It depends on the circumstances of the case. It depends on what the judge feels is reasonable in all the circumstances of the case and what the judge decides to impose.

“It may be a fine, it may be a conditional discharge depending on the circumstances, but the maximum sentence, as I recall, is life.

CORRECTION: In the original version of this story, a quote was mistakenly attributed to Dame Anita Allen. The quote was "The woman still has to go to court to have her case heard. To say that oh, now I have to worry about my son because what is he going to get himself into? Well, guess what? If he isn't going to rape his wife, he has nothing to worry about." The statement was made by former Magistrate Carol Munnings Misiewicz and not Dame Anita. The Tribune apologises for the confusion.

More like this story

themessenger 1 year, 4 months ago

Mrs. McCoy-Minnis, With all due respect, if your grown son doen't understand the definition of consent,ie yes or no, he must have the IQ of a beetle. His girlfriend could more easily bring a charge of rape against him than a wife could under our current antiquated laws.

joeblow 1 year, 4 months ago

... the mere charge of rape sullies a persons reputation, even if the charge is not true. The mere fact that a person accuses another of rape is not proof that it happened. In addition, any law that cannot be equally applied to men and women is inequitable. Once women can be charged with rape as well then and only then should we should proceed!

stillwaters 1 year, 4 months ago

Every man everywhere understands exactly what consent from a woman looks like, sounds like, and feels like. Is Mrs Minnis' son mentally challenged or something?

ExposedU2C 1 year, 4 months ago

This comment was removed by the site staff for violation of the usage agreement.

birdiestrachan 1 year, 4 months ago

Never mind the former judge, this matter could cause the PLP to loose the election, can one imagine a man going to jail for the rest of his life ?. Because they both sleep in the same bed and she says he raped me, this is a old law why has it become so urgent now,?.?

Dawes 1 year, 4 months ago

thats right, PLP more important than Bahamian woman

ExposedU2C 1 year, 4 months ago

@birdie always gets fired up on this subject because he fears losing the right to continue raping his wife whenever it pleases him to do so. We should all pity his poor wife.

Sickened 1 year, 4 months ago

Can you imagine a Bahamian woman getting raped with no recourse?

pablojay 1 year, 4 months ago

Unless a married couple is not living together and the husband breaks into the house, this would be extremely difficult to prove, especially given the amount of accused rapists who are who are found not guilty otherwise.

birdiestrachan 1 year, 4 months ago

This is not a new law the FNM government could have passed the law the former judge knows this why it has now become a hot button issue is interesting , it is bed room business she say I say, divorce or just sweet heart is the answer , the member of parliament name is all over but the accuser is protected her name is not called ,

IslandWarrior 1 year, 4 months ago

Question:

Is non-consensual sexual activity in a marriage (fooling around, as we call it in our culture) violence?

Yes, non-consensual sexual activity is considered a form of sexual violence. Sexual violence encompasses any act in which a person is forced, coerced, or manipulated into engaging in sexual activity against their will or without their consent. It is a violation of an individual's bodily autonomy, personal boundaries, and fundamental human rights. Sexual violence can have severe physical, emotional, and psychological consequences for the survivor.

Consent is a crucial component of healthy and respectful sexual relationships. Consent is the voluntary and enthusiastic agreement to engage in sexual activity. It should be freely given, informed, and reversible. Without consent, any sexual activity becomes a violation and an act of violence.

Promoting consent education, awareness, and discussions about healthy relationships is important to prevent sexual violence and create a culture of consent and respect.

Question:

Who would the parties know that sexual consent in the marriage was withdrawn, and is the time limit in the withdrawal before the situation becomes cruelty or abandonment?

In the context of marriage, the parties involved would typically know that sexual consent has been withdrawn through open and honest communication between spouses. It is essential for both partners to have ongoing discussions about their desires, boundaries, and any changes in their consent for sexual activity. Effective communication allows each spouse to express their needs and concerns, fostering a climate of understanding and respect within the marriage.

Regarding the time limit for withdrawal of consent, it is important to understand that there is no universal answer as every relationship is unique. The withdrawal of consent can occur at any time, and it is crucial to respect and honor that decision. However, the specific implications and legal considerations may vary depending on the jurisdiction and the particular circumstances involved.

In some cases, prolonged denial of sexual intimacy or consistent refusal without valid reasons might be seen as cruelty or abandonment, which could have legal implications or affect the dynamics of the marriage. However, it is important to consult local laws and seek professional advice, such as from lawyers or therapists, to understand the specific legal and personal ramifications in a given situation.

Ultimately, maintaining open lines of communication, seeking professional guidance when needed, and prioritizing mutual respect and understanding are crucial in navigating the complexities of consent and sexual intimacy within a marital relationship.

IslandWarrior 1 year, 4 months ago

Question: "One's rights and autonomy" is the new marriage rule, yet, we were led to believe that marriage is 'one union'; what is mine is yours; when did marriage become 'one's rights and autonomy"?

Marriage is a complex institution that has evolved over time and can vary across cultures, religions, and legal frameworks. While there are shared aspects and expectations in many marriages, the understanding of rights, autonomy, and individuality within a marriage can differ. In traditional or historical perspectives, marriage often emphasized the unity and merging of two individuals into a single entity or union. This idea of unity may include the sharing of resources, responsibilities, and a sense of interdependence. However, it is important to recognize that even within this unity, individuals still possess their own rights, desires, and autonomy. In contemporary times, there has been a shift towards recognizing and respecting individual rights and autonomy within the institution of marriage. This shift reflects broader societal changes, such as increased gender equality, the recognition of individual agency, and the importance of consent. While marriage often involves shared decision-making, mutual support, and the building of a life together, it does not negate the rights and autonomy of each individual. Both partners within a marriage retain their individual identities, desires, and the right to make decisions about their own bodies and lives. Balancing the collective aspects of a marital union with the rights and autonomy of each individual requires open communication, mutual respect, and a willingness to understand and accommodate each other's needs and boundaries. It is a continual negotiation process and finding a balance that works for both partners. It's important to recognize that the understanding and expectations of rights and autonomy within a marriage can vary, and there is no one-size-fits-all answer. Each couple can define and navigate the terms of their relationship, considering their own values, beliefs, and unique dynamics.

LastManStanding 1 year, 4 months ago

If he isn’t going to rape his wife, he has nothing to worry about.

Except it isn't that simple. Are there going to be charges brought if a claim of marital rape years ago is made during a bitter divorce hearing? Are charges going to brought if a woman claims marital rape but there are no signs of abuse or other indicators that this may have happened? The answer to those questions should be no but is that really going to be what happens? Going to court is a time consuming, possibly expensive, affair, there is a cost even if the defendant is proven to be innocent. You can't just treat that as if it is some simple matter because it's not.

Women shouldn't suffer rape in a marriage but neither should men have to be victims of a prejudiced legal system that presumes them guilty before the case is even heard. The problem is that no one can look at this issue from a mature perspective and treat it as the complex issue that it actually is, everyone wants to get emotional and pretend that the process to fairly convict someone of this charge is easy when it's really not.

IslandWarrior 1 year, 4 months ago

The 'Marital rape' debate encompasses a range of perspectives and agendas, which has sparked controversy surrounding the marital bed and the definition of 'marriage' within the context of a union between a man and a woman. Traditionally, the idea of becoming one in marriage was understood as implicit consent. However, as our understanding of consent has evolved, we are now being informed that sexual relations with one's wife involve a nuanced negotiation process. It is now considered illegal or inappropriate to engage in sexual activity with one's wife without seeking her explicit consent in the marital relationship. This new perspective challenges the previous notion of what we simply understood as 'marriage.'

ExposedU2C 1 year, 4 months ago

Our legislators must keep new legislation for spousal rape as simple, clear and straight forward as possible so that a fair and just framework exists for all concerned.

A spouse accused of spousal rape is innocent until proven guilty. The burden of proof in a spousal rape case will always lie with the spouse claiming to have been raped. Both spouses should be given the opportunity (but not forced) to agree to participte in joint counselling by one or more suitably qualified professionals. If either spouse refuses to participate in such joint counselling, then the case should go through the usual case management procedures before a judge before being set down for a trial hearing by a jury. A finding of innocence by a two-thirds majority of the jury should be assertable grounds for divorce by the spouse wrongfully accused of spousal rape. A finding of guilty by a simple majority of the jury should be assertable grounds for divorce by the raped spouse with an appropriate prison sentence for the spouse found guilty.

Aside from the voluntary election for counselling, the accused and accuser should be treated no differently than any other case of rape involving parties not married to each other.

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