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ALICIA WALLACE: No justice from plea deal for rape

By ALICIA WALLACE

Last week, it was reported that 22-year-old Joel Strachan pleaded guilty, in addition to other crimes, to the rape of an 83-year-old woman after breaking into her home. He was sentenced to nine years for the rape, to be served concurrently with the sentences for the other crimes of housebreaking, armed robbery, and assault with intent to rape. In total, he received what would have been a 24-year sentence, but serving the sentences concurrently means that he will spend nine years or less in prison.

The excuse provided by the Minister of National Security Wayne Munroe—from whom we have come, by now, to expect disgustingly flippant remarks when it comes to gender-based violence against women and girls — was that sexual offences have a high rate of acquittal, suggesting that the rapist did someone a favour by admitting his guilt. Plea arrangements now allow violent criminals to be rewarded for admitting to their criminal acts. Munroe talked about sparing the survivor the trauma of going to court, and it is important to understand that a plea deal is not the only way to do that. Survivors of gender-based violence should not have to appear in court, especially seeing the perpetrators. There are different models all over the world, including this region, for cases to be heard without survivors appearing in court. If the perpetrator committed these crimes while out on bail and electronically monitored, there certainly should have been no leniency in sentencing and no opportunity for a “deal”.

Some people have expressed outrage in response to the sentencing of the violent criminal — particularly those affiliated with the current Opposition, as has happened before with both major political parties. The Free National Movement has been a weak, dismal Opposition, not unlike the Progressive Liberal Party in opposition before it, offering very little to the legislative process and public discourse. It is continuing in what seems to be a tradition of complaining about everything that the “leading party” does and countering whatever it says. It is a lazy, ineffective approach to participating in governance that has been encouraged by a failed system and persisting partisan politics that put party before people and nation. It is not bringing more citizens into productive public discourse, and it is certainly not moving us forward.

Beyond complaints, we need solutions. That requires knowledge of the issues, assessment of the situation, mapping and analysis of the stakeholders, communication with relevant parties inclusive of technical experts and affected people, and the generation of ideas.

Is there any political party or politician that has invested in training of any kind on gender and the issue of gender-based violence? Has any party sent members – particularly Members of Parliament—to educational programmes to learn about sex, gender, sexuality, and gender-based violence in order to build capacity, enabling them to develop more meaningful, comprehensive responses to the cases that they claim upset them? Have any Members of Parliament read books or articles, listened to podcasts, or watched videos from experts and practitioners? Do they engage with national and regional experts and practitioners, whether in conversation or through funded projects, in order to learn, share information, and develop recommendations? Or are they just expressing outrage when there is a particularly disturbing case of sexual violence or domestic violence?

The rape of an 83-year-old woman is a heinous, violent act that can only be committed by a person who is unfit to live among us without intervention because he is both dangerous and a threat to the rest of us and, to a concerning extent, unwell. That anyone hears such a case and decides than nine years in prison is a sufficient response is as heinous and violent as the crime itself. That other criminals acts have separate sentences that will not, in fact, be served in this world accordingly to the timeline we have agreed is real is insulting and a threat to the so-called justice system.

Survivors of gender-based violence are disrespected and discouraged by the unending failure of law enforcement and court systems and the people who control them. Getting an answer when calling the police on the phone takes far too long. Police frequently claim that they have no vehicles to enable them to respond to calls. Presenting at the police station usually begins with a loud conversation near the door, heard by anyone in the room. The interview is agonising, and often repetitive, and it is one of several that survivor is put through. Survivors are sent to other locations for other services and support where the encounter other people with the same questions, some of whom are not trained to engage with survivors on any level. Every step of the process is challenging and highly likely to cause more trauma, and survivors put significant energy into it, in many cases, because they want access to justice. The appearances, date changes, and other conditions make it agonising, but survivors try to hold on to the hope that their efforts will lead to justice.

Picture yourself, a survivor, on the day of sentencing. You hear that the person who broke into your home and raped you is going to spend no more than nine years in prison for it along with other crimes. Upon hearing what happened to you, and knowing what you went through to report it to the police and allow for the collection of evidence, giving consideration to the mental health challenges that have come up as a result of the violent attack, and knowing that it is difficult for you to feel safe, a judge decided that nine years would be enough. Then, politicians and political parties make predictable statements of their own feelings about the outcome, making no commitments to agitate for specific changes during this term or to make specific changes should they have the most votes in the next general election. What does it all mean to a survivor?

There is little more that we can expect from a group of people that refuse to say that rape is rape, that women are human beings, that human rights are inherent, and that the government is obligated to ensure that women have full access to their human rights while they are in the position to take action to criminalise marital, pass the gender-based violence bill, and amend legislation to allow Bahamian women to pass on citizenship to their children and spouses. Cowards do not speak with the same fervor when the spotlight is on them and the pen is in their hands. They do not have the same strength to compel their leaders to take specific actions that they have to point out that others do not take the same actions. Women’s rights are a game to them. Women’s safety is a joke to them. Women’s lives are a convenient talking points for them. Their beliefs and convictions must be measured by what they do, when they do it, and what they stand to gain or lose from it.

There is no justice in the “justice system”. We can even challenge the claim that it is a system. Research was conducted in 2021 toward the development of a coordinated care model, centering survivors in the response to gender-based violence. This model needs to be implemented for the benefit of survivors, recognising the justice begins with the way we treat them and support their long-term recovery. We know that prison is punitive measure that is insufficient and rehabilitation is necessary. The prison is clearly failing, given the rate of recidivism. Time in prison should be spent productively with rehabilitation and a plan for transitioning to life outside of prison that is free of crime as a priority. Survivors need to be able to have the reasonable expectation that they will be not violated again, that perpetrators will not reoffend, and that the country is becoming a safer place as a result of their reporting, the sentencing, and the rehabilitation that is done during imprisonment. This is in the best interest of everyone, and it requires significant investment and, importantly, the buy-in of politicians and political parties. The outrage needs to move from statements to action to develop new systems with survivors at the centre.

Recommendations

1. A Mouth Full of Salt by Reem Gaafar. Feminist Book Club, hosted by Equality Bahamas and Poinciana Paper Press, will meet on Wednesday, October 16 at 6pm to talk about A Mouth Full of Salt, set in Sudan. This book is available in hardcopy, ebook, and audio formats. It begins with the drowning of a boy, an illness afflicting animals, and the burning of date gardens. A sixteen-year-old girls wants to leave the village for Khartoum. Civil war brings forces the personal and the political to meet. Reviews call A Mouth Full of Salt a “veritable page-turner,” “remarkable debut,” and one that leaves readers “awestruck.”

2. Nobody Wants This. She and her sister have a podcast about sex, and she is not at all religious. He is a newly rabbi who is trying to climb the ranks at work. Could a relationship between them work? How will their far-too-involved families impact the new, but exciting relationship they are hoping to build? The entire season is available on Netflix.

3. Women’s Wednesdays. Equality Bahamas is back with its monthly event series, centering women in the exploration and discussion of a wide range of issues. This evening, Dr Agatha Mackey will talk about her journey in medicine, the decision to specialise in obstetrics and gynecology, the impact of motherhood on her work, and her experiences of mentorship. It will start at 6pm, and there will be time for questions and a broader discussion about access to healthcare for women in The Bahamas. Register at tiny.cc/wwhealth24 to join the conversation via Zoom.

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