By LEANDRA ROLLE
Tribune Staff Reporter
lrolle@tribunemedia.net
A DRAFT amendment to the Sexual Offences Act that seeks to criminalise marital rape and re-define what consent is, among other terms, was met with mixed reactions from religious leaders yesterday - with one pastor calling it “the most wickedest and demonic bill” in the country’s history.
The proposed Sexual Offences (Amendment) Act was presented during the Ministry of Social Services and Department of Gender and Family Affairs’ sexual offences legislation one-day symposium at Superclubs Breezes.
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.”
The draft bill adds a new section titled ‘3a’ that addresses the issue of consent which it defines as “the active agreement to sexual intercourse or to indecent assault, given expressly and freely, by overt acts, or words indicating agreement by a person, who has the capacity or legal ability to consent”.
The new section states that a person shall not be deemed to have given consent to sexual intercourse or indecent assault, where the consent is extorted by threats or fear of bodily harm; obtained by impersonating the spouse or the other person personally known to the person; induced by abusing a position of trust, power or authority; obtained by administering a substance without the person’s consent capable of causing or enabling that person to be stupefied, put to sleep, and or overpowered at the time of the act of sexual intercourse or indecent assault or obtained by a pattern of behaviour which has the effect on that person of coercing, controlling, exploiting or limiting access to financial resources.
It further adds: “Consent, and the accused’s belief that the person with whom he is alleged to have had sexual intercourse, or who he is alleged to have indecently assaulted, consented, shall not be inferred by (a) reason of silence or lack of physical resistance on the part of that person; or (b) reason of sexual arousal on the part of that person.”
The draft bill also speaks to indecent assault, defining it as an assault against any person where it is established that the accused touches a person in a sexual way, exposes himself to any person in a way which offends against public decency, otherwise assaults another person in indecent circumstances among other things.
It also notes that people convicted of the offence can be liable to imprisonment for a term not exceeding eight years.
The draft bill further reads: “Any person who commits a sexual offence other than rape, which is accompanied by any aggravating circumstance, is liable on conviction on information to a term of imprisonment not exceeding twenty years.”
Aggravating circumstances, according to the bill, include the use of drugs, the use or threat of use of a weapon, the infliction of mental or physical injury on the victim as a result of the offence, among other things.
At yesterday’s symposium, Attorney General Ryan Pinder gave an overview of the bill and spoke to what it would mean for The Bahamas if enacted.
He also revealed that consultations on the bill are expected to be ongoing.
While some supported the bill – labelling it as a step in the right direction, others outright opposed it, taking issue with the revised definition of some of the terms among other things.
During the question-and-answer period, one pastor called the draft legislation “the most wickedest and demonic” bill in the country’s history.
He said he also saw the bill as trying to empower women and in turn, emasculate men.
“That word rape has no place in the divine institution of marriage,” he said. “This bill, what you, sir, and the government of The Bahamas is trying to push ahead in this country is the most darkest, wickedest, demonic bill that this country will ever see – when you’re trying to criminalise a husband and criminalise a wife.
“And if y’all pass that law and put that in that marriage, God will judge the person and the government and all who support that.”
The strong statements drew anger from some people, who strongly disagreed.
However, the pastor was not the only one in the room who shared opposing views to some portions of the proposed bill.
Pastor Kenneth Lewis, of Grand Bahama, said that while he supported government’s efforts to amend the law to better protect women against abuse, he believed officials needed to be careful and “not traverse the bedroom of a married man and woman” who had entered into a covenant with God.
He also argued that if the country considered itself a Christian nation, its laws should be “consistent” with Christian principles.
He added: “Personally, I believe that rape is rape but in the context of marriage, we should be careful on how we amend our laws.”
The religious leader said while he had no problem with some portions of the draft bill, he had some concerns with the bill’s definition of indecent assault and consent, asking “should a man ask his wife first if she is consenting before engaging in sex.”
“What happens if there is an argument later and the wife weaponises her rights under the legislation and in retaliation tells him that he raped her because she did not give him her consent. While this may seem trivial to some, it could become real under these circumstances,” he continued.
Despite some opposing views, there were also some who expressed support of criminalising marital rape.
Reverend T G Morrison, who gave his personal perspective on the proposed bill, said rape in any context was rape and “should not be given special protection simply because it occurs in the privacy of a marital women on bed.”
He also argued that anyone in marriage has the right to say “no”, adding that right should be respected.
Comments
AnObserver 1 year, 7 months ago
If you think that it is perfectly fine to rape another human being, you might be on the wrong side of the argument. Just sayin.
JokeyJack 1 year, 7 months ago
Yeah, it's "demonic" NOT to rape women - LOL.
ImaNobody 1 year, 7 months ago
"... one pastor called the draft legislation “the most wickedest and demonic” bill in the country’s history."
Who is this wicked and demonic pastor? Tribune, do better. If you can publish his words surely you can publish his name.
Sickened 1 year, 7 months ago
He must be self-proclaimed pastor because no church organization would support such an ignorant pastor.
sheeprunner12 1 year, 7 months ago
The word that really needs to be defined in the new "marraige act" is NO.
What defines NO in a marriage, when NO is the answer to the statement ......... "Can we have sex"?
sheeprunner12 1 year, 7 months ago
The religious leader said while he had no problem with some portions of the draft bill, he had some concerns with the bill’s definition of indecent assault and consent, asking “should a man ask his wife first if she is consenting before engaging in sex.”
Who are these 242 religious leaders??? ...................... Are they Neanderthals????
How do "religious leaders" engage in sex??????? ......... like beasts of the field
Sickened 1 year, 7 months ago
The good thing about this discussion is that it puts each pastor and church on display. Some look at it sensibly and think about the abuse being performed on married woman by their spouse and want to help solve a difficult issue and then some pastors and church's will scream bloody murder at the thought of woman having any say whatsoever in the household; they will do all in their power to ensure that woman are there to serve.
KapunkleUp 1 year, 7 months ago
Good example of why there should always be a separation between church and state.
sheeprunner12 1 year, 7 months ago
In The Bahamas, church and state observe an unholy alliance.
Like a dysfunctional marriage ......... when one spouse rapes another
realfreethinker 1 year, 7 months ago
I see everyone concentrating on the woman getting raped. What happens to the male side of the equation?
Godson 1 year, 7 months ago
It will not be civil on my part to be quiet on this issue, however, the expressions by all sides of the narrative are both extreme to the actual fact and issue that exist for the marriage. It is a serious social weapon that will lend only to our destruction.
The issue, in and of itself, represents a distorted but problematic domestic conflict that exists as a consequence of an error in individuals, including politicians and clergymen, understanding of the social purpose and framework for which marriages serve.
But that being said, few in leadership possess the insight and intelligence to counteract the problem without destroying the Country - as it is said, "they will throw out the baby with the bath water".
Whatever the decision will be, with respect to legislation, please note that there will be serious social consequences to Parliament invading the sanctorum of marriage. There can be no violence done by any external enemy that will do more to destroy our Country than this intrusion. The damage will be irreparable.
Going forward will this marks the end of what we once knew and held to be The Bahamas.
LastManStanding 1 year, 7 months ago
I think that a lot of this is a moot point in the sense that marriage as an institution is on life support at this moment. Marriage rates are the lowest that they have ever been since recording started, and I see nothing that indicates the downward trend will reverse any time soon.
carltonr61 1 year, 7 months ago
https://www.soencouragement.org/stats...">https://www.soencouragement.org/stats...
We can all find real statistical data on marriage and divorce here
From what I extrapolated marriage problems is the least of our Social and moral ills.
carltonr61 1 year, 7 months ago
The UN persons here need to tackle the over 50% single parent homes and massive out of wedlock child births. We also need data on female prostitution and why it is one of our most striving and successful social institutions.
tribanon 1 year, 7 months ago
Wherever the pronoun "he" appears alone in this draft legislation, it should be replaced with "he or she".
I do not know Reverend Morrison personally but he should be commended for the sensible view he expressed on this matter in a hostile atmosphere of moronic so called "religious leaders" who are no more Christian than Satan himself.
No woman should ever put a penny of her hard earned money in the collection plate of a so called "religious leader" who is vehemently opposed to these proposed legislative changes.
And no woman should ever again vote for a PLP candidate if these proposed legislative are 'watered down' before becoming law or are not fast tracked through parliament to become law at the earliest possible time.
This ball is now squarely in Ryan Pinder's court and he had better not falter in scoring big time with it.
tribanon 1 year, 7 months ago
Magistate Samuel McKinney should be immediately fired for sentencing a hungry man to 2 years in prison for stealing $6 of hot dog buns from a church. And all the religious leaders of that church should be shunned forevermore for having not appealed to the court for a much less severe punishment. Who does this idiot Samuel McKinney think he is??!!!
TalRussell 1 year, 7 months ago
Thinking' its highly unlikely that such "Your Mean-Faced Honour," would've shown such 'leniency; had the 6 Pack Weiners been lifted along with the stingy holy ghost spirted church's 6-Pack Buns ― Yes?
carltonr61 1 year, 7 months ago
Trib is too disgustingly immature. You have to be bozo the clown. Married couples are against this idiotic satanic rape drive. You must have a robot for spouse. Even R2D2 would kick your passionless grave for a bed out of the home. Robots with AI are learning romance so maybe you should attend robot learning to be human app software integration bet you are against the death penalty also. But in marrital bliss there shades of colors. Poor Trib. She only knows YES NO. No, "we will see" or "you are running me hot." Moans and groans of passion building up then exploding.
tribanon 1 year, 7 months ago
LOSER!
carltonr61 1 year, 7 months ago
I am surprised that gynecologists have not explained that 84% of husbands will experience their lived with wife going into menopause around the age of 45 and simply goes through hormonal gedradatiin to the point that sex becomes painful their bodies go onto flashes, menstrual cycles only have free days. According to divorce statistics for the Bahamas listed above 50 years of age ends most marriages as women cease the ability to have kids along with the need for a male touch. These women cry rape and sexual abuse as any encounter is too painful.
tribanon 1 year, 7 months ago
ZZZZZZzzzzzz......
JokeyJack 1 year, 7 months ago
Now that unmarried women know that the law allows them to be raped if they get married, let's see how many get married from this day forward.
There will probably no reduction the number of women getting married (even though doing so can subject them to rape), just like there is no reduction the number of people voting FNM and PLP (even though doing so can subject them to misery and poverty).
I sometimes think we are worrying about problems that other people just don't see as problems. Perhaps many women just like to get raped, just like the majority of Bahamians like to live in poverty. It's only fools like me who think those things are problems.
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