Minister of Social Services, Melanie Griffin, said Thursday that based on the recommendations from the Crisis Centre and a task force in her ministry, a Bill dealing with the issue has been drafted and will be presented to parliament ‘soon.’
“We have in place now, a draft Bill called the Domestic Violence Act that is seeking to address the issue,” she said.
“What we are proposing, and we are working diligently with the Attorney General’s Office right now on it, is a domestic violence Bill that will focus on domestic violence.”
In order for this new Bill to become law, an amendment to the Sexual Offences and Domestic Violence Act 1991, must be made as the existing law defines rape as an act that can only occur outside of marriage.
The Sexual Offences and Domestic Violence Act was last amended in July 1991, replacing the old penal code that had a vague definition of rape.
The 1991 law defines rape as an act of any person not under 14 years of age having sexual intercourse with another person who is not his spouse without the consent of that other person; or with consent which has been extorted by threats or fear of bodily harm; or with consent obtained by personating the spouse of that other person; or with consent obtained by false and fraudulent representations as to the nature and quality of the act.
The Crisis Centre had been agitating for the removal of the phrase “who is not his spouse” from the rape definition.
What is also noteworthy is that if the new law is passed, rape in a marital relationship would also include oral sex as ‘sexual intercourse’ in the existing law is defined as sexual connection occasioned by any degree of penetration of the vagina of any person or anus of any person, or mouth of any person, or by the stimulation of the vulva of any person, or with any part of the body of another person, or any object used by another person, except where the penetration, or stimulation is carried out for medical purposes.
Mrs Griffin said no fundamental changes would be made to the existing law, and added that the new Bill would supplement the current law.
“And because it’s in draft form, I really can’t pre-empt what is included in it but I can say that we are addressing some of the issues of concern of both my ministry as well as the Crisis Centre.”
Asked when the new Bill would become law she said, “It is something that has to go to Cabinet and once Cabinet has determined that it is something we want to move forward with, I don’t see why it can’t be before the next election.”
The Crisis Centre has encountered some opposition from the religious community in its agitation to criminalise marital rape. Centre Director, Dr Sandra Dean-Patterson said advocating for such a change in the Bahamian society would require more education on the subject since getting married to some people is still synonymous to “taking ownership” of the spouse’s body.
Presently, no Caribbean country has laws against forced sexual intercourse in marriage. Countries where marital rape is a crime are: Australia, Belgium, Canada, China, Costa Rica, Denmark, England, France, Ireland, Israel, Japan, Mexico, Namibia, Norway, Philippines, Scotland, South Africa, Sweden and all 50 U.S. states.
By: MINDELL SMALL, The Nassau Guardian
