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ALICIA WALLACE: ‘Rape is rape’, except in our laws it isn’t

“Prime” describes minister. Every minister is not the prime minister. The prime minister is a specific type of minister. We can talk about minister in general, and we can acknowledge that different ministers are treated differently. In particular, the prime minister is quite different from other ministers given the specific aspects of the position that other ministers do not have.

In “curry chicken,” curry describes chicken. Every chicken dish is not curry chicken. We can talk about chicken dishes generally and at length, and we can acknowledge that all chicken dishes are not exactly the same. There are numerous chicken dishes that, for example, contain tomatoes. There are some that do not necessarily have tomatoes. Each variety of chicken dishes is distinct, though a part of this general group.

Adjectives are used to make a distinction between nouns that may otherwise be groups together and could be inappropriately treated as the same. Sometimes the adjectives are used for harmful division, causing difference in treatment that are discriminatory and lead to violent outcomes. Many adjectives are used to describe and mark difference between women who are, otherwise, all a part of one group. There are black women, working class women, migrant women, and married women. These are all women, and each subgroup, with the adjective adding description, has shared experiences that are different from those of other subgroups.

Married women share some experiences with unmarried woman because of their share womanhood, but some experiences are specific to married women. In fact, marriage comes with consequences for women, and this is why we have to talk about marital. It is the exclusion of spouses—married people—from the definition of rape in the Sexual Offences Act that makes it necessary for us to talk about marital rape when we should be able to talk about rape without the descriptor.

Why does the prime minister have a problem with describing rape?

There is actually a better question. Does the prime minister actually care about describing rape and the reason the term “marital rape” is being used? Use of this term is not without reason. It is a result of the fact that the Sexual Offences Act currently excludes married people from the definition of rape. One spouse can rape the other without legal consequence due to the exclusion, through “who is not his spouse” at the end of the definition of rape in Section 3 of the Sexual Offenses Act. “Marital rape”, then, is a term we use to talk about the specific act of sexual violence that the law not only does not address, but explicitly communicates disinterest and inaction with regard to it. The term “marital rape” is only used because the law has separated rape of a spouse by a spouse from every other rape.

To complain about “describing rape,” knowing the legal context and importance of advocacy—with precise language—to criminalise it is ridiculous. Unless we are to believe the prime minister is not particularly intelligent and passed the bar by a fluke, we can only read this nonsense opposition to the use of the term—which we need in order to address this issue—as disingenuous and especially disrespectful to the affected people and the people advocating for legal reform to make the use of the term unnecessary.

Women’s right organisations and advocates have not asked for rape to be “described”. In fact, we have clearly stated that there is no type of rape or descriptor of rape that makes it better or worse. There is rape by strangers. There is rape that occurs on dates. There is rape that is perpetrated by multiple people. There is rape that is connected to hatred of LGBTQI+ people. There is rape perpetrated by family members. There is rape that is facilitated by drugs. Yes, there is marital rape. Yes, rape is rape. The law, however, does not reflect these truths.

This is not the first time the prime minister has spewed this nonsense about marital rape and his personal dislike for the term. He made the same comment in April 2024. It is as absurd this year as it was last year. There is no need to consult on the issue, especially when the prime minister has stated that “rape is rape”. What is there to discuss or debate? Get rid of the categories of rape. Make the “descriptions” of rape useless.

Here is a one-step guide to getting rid of “marital rape” as a descriptor of rape: Criminalise marital rape by amending Section 3 of the Sexual Offences Act to remove “who is not his spouse” so that the marital exception is not in the law and all rape becomes illegal, regardless of any relationship that may exist between the perpetrator and the survivor or victim. The #Strike5ive campaign by Equality Bahamas clearly states additional amendments to make it strong, explicit, and free of loopholes.

Recommendations

1. Join Feminist Book Club in reading What Happened to Belén by Ana Elena Correa in March. Ana Elena Correa is a lawyer, journalist, and women’s rights activist in Argentina and this book is about Belén, a 25-year-old woman who did not know that she was pregnant and had a miscarriage. Doctors reported her to the authorities and she was imprisoned. This sparked the #niunamas—not one more—feminist movement which led to the decriminalisation of abortion in Argentina in 2021. Literary Hub said, “Ana Correa poignantly recounts how so many systems failed Belén, the movement that sprung to action to free her… an essential read detailing the harms created by police in healthcare settings, abortion stigma, and the criminalization of pregnancy outcomes whether it’s in Argentina or the United States of America.”


2. Plan to participate in the International Women’s Day March + Expo hosted by Equality Bahamas. The annual event will begin at the Eastern Parade (lawn east of Scotiabank on East Bay, accessible by vehicular traffic from Dowdeswell Street) at 8:45am when participants will gather for the march to The Dundas grounds on Mackey Street. Upon arrival at The Dundas, the International Women’s Day Expo will open with Zumba with Ms. Deidree followed by concurrents sessions including poetry writing, salsa dancing, and yoga, a dedicated space for art by Sixty 2 Sixty Art Gallery, a fun zone for children by Sustainable Me Summer Camp, and nongovernmental organizations including Bahamas Crisis Centre, The Dignified Girl Project, and Hands for Hunger. It is a great place to spend the day with family, friends, and new people and to engage in fun activities without having to spend money on site.

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