The Tribune

By LYNAIRE MUNNINGS

Tribune Staff Reporter

lmunnings@tribunemedia.net

WOMEN’S rights activist Alicia Wallace has pushed back against calls to raise the age of consent, arguing instead that The Bahamas must ensure teenagers who are legally allowed to have sex can also access reproductive healthcare without barriers.

Her comments come in response to public backlash over the sentencing of 26-year-old Alex Simmons, who was convicted of abducting a 17-year-old girl but was not charged with a sex-related offence. The case sparked debate, with many on social media calling for the age of consent — currently 16 — to be raised to 18. Critics argue that if the age were higher, Simmons could have faced a more serious charge, such as unlawful sexual intercourse with a minor, and possibly a tougher sentence.

“We know that young people explore sex and sexuality, and it is the shared responsibility of parents, guardians, healthcare providers, and educators to ensure that they are equipped with information and services to make the best decisions for themselves,” Ms Wallace said yesterday. “This duty is being shirked by all, and it is a disservice to young people and endangers them. Raising the age of consent does not solve the problem and would likely lead to more prolonged burying of heads in the sand.”

“Comprehensive sexuality education is critical to healthy relationships and sexual behaviour. Young people need to learn about consent, laws about consent, sex, and sexual assault, and the predatory behaviour of adults. Changing the age of consent does not address the main issues here — that men continue to prey on girls, groom them, separate them from their families, and exploit them, and that young people are not equipped to make decisions about their bodies, sex, and relationships. We are in need of policy changes, curriculum transformation, and expansion of healthcare services, without exception, to all who can legally consent to sex.”

Although The Bahamas does not have explicit legislation specifying the minimum age at which people can access sexual and reproductive health services without parental consent, the Committee on the Elimination of Discrimination Against Women (CEDAW) has emphasised that in practice, that age has been 18. CEDAW has recommended that girls aged 16 have free and adequate access to contraceptives and sexual and reproductive health services nationwide.

Ms Wallace’s comments follow renewed debate over the age of consent, sparked by Simmons’ sentencing.

Assistant Chief Magistrate Carolyn Vogt-Evans arraigned Simmons on a charge of abduction. The court heard that he kept the teenage girl at his residence in New Providence between February 14 and March 18. Simmons claimed she came to his house after an argument with her mother. He admitted to the court that he was “waiting” to have sex with the underage girl.

The magistrate admonished Simmons, who was unrepresented, saying he was “out of line”. She noted that while the teenager referred to him as her “boyfriend”, he, as the adult, should have corrected the situation. She said he failed to act responsibly and instead encouraged the teen’s actions, knowing she was underage and still living with her mother. The magistrate warned that the court would not tolerate the sexual abuse of minors and referenced the number of missing children in the country.

Although Simmons was credited for his early guilty plea, the court considered his prior convictions, though none similar. He was sentenced to one year in prison and informed of his right to appeal.

Meanwhile, a lawyer, speaking on condition of anonymity, questioned whether the facts supported Simmons’ conviction. He expressed doubt that the charge of abduction was appropriate, noting that based on the details reported, the girl appeared to have stayed with Simmons voluntarily and was not physically restrained. The lawyer also pointed out that Simmons was not convicted of a sexual offence, suggesting that the ongoing debate about the age of consent was misplaced in this context. In 2022, Deputy Prime Minister Chester Cooper said the age of consent should be raised to 18 to “further protect minors”. At the time, Mr Cooper argued that if 18 is the legal threshold for responsibilities such as voting, opening a bank account, and joining law enforcement, it should also be the minimum age for consenting to sex. He noted that any law allowing minors to consent to sex with adults is inconsistent with societal standards and should be changed.

Bahamas Christian Council president Bishop Delton Fernander has also supported raising the age of consent, saying that if 18 is considered the standard age for adulthood in other aspects of life, it should also apply to sexual consent.