By Akola Thompson and Ronelle King

“The personal is the political”
AT the height of the Christmas season, there exists a vibrant conversation regarding the criminalisation of marital rape in The Bahamas. Presently, the law only recognises and allows married couples that have been legally separated to utilise the law in their pursuit of justice. This means that only some couples are protected under the law, whereas others would suffer without any option of a legal recourse.

Minister of Social Services and Urban development, Lanisha Rolle (Bahamas), had on the 19th of December stated that while she is against all forms of abuse, marital rape is a “private issue.” Rolle’s comments mirror similar ones made by former Minister of Social Protection, Volda Lawrence.

It is noteworthy that both of these ministers– across countries– whose mandates fall within the ranks of social protection, would do such a disservice to the positions held. With Rolle being the only female member of the Minnis (Cabinet) and Lawrence being one of the few female members in the coalition Cabinet, one would have thought that they would not actively uphold the barriers to the protection of women.

Civil society groups have been calling for an apology from Rolle and also for her resignation. In Guyana, we had done the same in the wake of Lawrence’s comments. Lawrence had never apologised and she would later be transferred and made the Minister of Public Health. One can only hope that the Bahamian government is not also rewarding to its MPs who fail to serve and uphold their mandates.

If we continuously have those in positions of power stating that sexual violence is something that should be “private,” this deters victims from coming forward and enables a culture in which they are never safe. What this also tells victims is that they will not be believed, or that their experiences do not matter. As a result of this very valid concern, many stay silent. The silence of course helps to fuel the thriving culture of sexual violence. This was exactly what Rolle did and it is exactly what Lawrence did. They invalidated the experiences of countless women around the world by labelling marital rape as a “private issue,” and child sexual molestation as a “private matter.”

The onus then falls not on the victims, but on the government, persons of influence and society to bring about the necessary changes needed. As elected representatives of the people, the government’s first duty is towards the protection and safety of all its citizens. If the government fails to do this, they are effectively telling those they are charged to protect, that their experiences do not matter.

The government of The Bahamas finally has a chance to show women that they care about them. They have the chance to show that they understand their moral and ethical duty to all their citizens and not just the privileged. It is for this reason that they should make the criminalisation of marital rape a priority, rather than being another hindrance in its passing. With no marital rape law, the fundamental rights of Bahamian women and their bodily autonomy are being violated every day. Guyana, in its few areas of progressiveness, had in 2010 passed the Sexual Offences Act that had addressed the criminalisation of marital rape. That was only seven years ago. It took much too long, but it is great that it was passed and women have more avenues to justice and protection.

However, in The Bahamas, this is not the first time the issue of marital rape has raged on. In 2009, a proposed amendment to the Sexual Offences and Domestic Violence Act outlawing marital rape was made. The amendment would never be passed. One of the reasons for this was the fierce backlash from the religious community. The Bahamas Christian Council (BCC) was at the forefront of the arguments against criminalising marital rape.

The council in a statement had said, “As it relates to sexual relations, by virtue of getting married, a man and a woman give upfront, implicit and open-ended sexual consent to each other on the day of their marriage for the duration of their marriage.”
It is here that we see people’s misunderstanding of consent. Consent is not something that is made in perpetuity. This means that while one can give you consent to have sex with them on one day, it does not mean that you now have consent to have sex with them everyday from then on. One’s right to change their mind about sex – whether in a marriage, civil union or relationship — should always be respected. Do not assume that consent is always granted to you.

What this law shows us is how the lives and bodies of women are valued. The supposed sacredness of marriage is being used as an excuse to enact violence against women with no consequences. It also displays the ideas of possession and ownership men have regarding women’s bodies. The Bahamian government owes it to its women to ensure that this bill is passed. It is the 21st century, we cannot continue telling women that they have no power over their own bodies and lives.