PM suggests marital rape won't happen under his administration

While women’s groups recently renewed calls for the Davis administration to criminalize marital rape, Prime Minister Philip Davis said yesterday he is guided by his party’s “Blueprint for Change” and a commitment to criminalize marital rape was not in it.

“Drafting of legislation takes any number of processes,” said Davis when asked if the amendment to the Sexual Offences Act, which would effect the change, would be tabled in Parliament.

“Drafts are given for consideration. So we have a draft that has been given for our consideration. We have not gotten around to it yet.

“As you would recall, I am guided by my ‘Blueprint for Change’. That sets out the basis for which I asked people to vote for me and marital rape was not contained in that. I’m not insensitive to it. I appreciate it and I know.

“My thing is that any time a couple ... in blissful marriage reaches a stage where they are going to report their husband for rape, it seems to me that that marriage is irretrievably broken, meaning they are no longer married even though it may not have been so pronounced by a court.”

The proposed amendment was circulated in 2022 for feedback from the community.

The Department of Social Services held a symposium on the bill in 2022 and a “discussion” with stakeholders was hosted by Law Reform Commissioner Dame Anita Allen in 2023.

Under the current law, rape is defined as “the act of any person not under fourteen years of age having sexual intercourse with another person who is not his spouse without the consent of that person ...”

The proposed amendment would remove the words “who is not a spouse”.

Last week, members of the Bahamas Crisis Centre called on the government to act.

“How much more information and data do we need to act?” Director of the Bahamas Crisis Centre Sandra Dean-Patterson asked.

Davis has remained non committal on the issue.

When asked about it last week, he said, “I don’t like this idea of describing rape. Rape is rape whether you are married or unmarried. The challenge they are having is describing it.”

In 1993, The Bahamas ratified the United Nations (UN) Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which includes the commitment to make marital rape a crime.

Last May, Attorney General Ryan Pinder said criminalizing marital rape was the number one human rights issue countries raised with The Bahamas when the United Nations Human Rights Commission reviewed its record.

He said the issue was one that would be reviewed by the newly-established parliamentary committee on human rights.

However, that committee is still awaiting appointments.

There is a lack of unity on the issue in both the government and in the opposition.

Some church leaders have also voiced concern about criminalizing marital rape.