Human rights group disappointed at the Bahamas stance on marital rape

Human Rights Bahamas (HRB) has voiced strong disappointment over the government’s decision not to introduce legislation that would criminalize marital rape. HRB’s vice president, Joseph Darville, expressed his frustration, stating, “I am deeply disappointed, particularly for those with daughters, sisters, mothers, and wives. Shame on you for putting votes ahead of the fundamental rights and dignity of half our population.” His remarks reflect a call for the government to prioritize the protection of women’s rights and safety.

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Section 3 of the Sexual Offences and Domestic Violence Act defines rape as “the 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 person …”

A 2024 Gender-Based Violence study by the Inter-American Development Bank (IDB) indicated that one in four women in The Bahamas has experienced physical and/or sexual violence in her lifetime.

HRB noted that survivors of these acts “continue to face significant challenges in accessing healthcare, legal protection, and social services”.

“As leaders, we must walk in the shoes of the marginalized and suffering. God’s protection is meant to shield us from harm, not to justify or enable abuse. Does that protection not extend to women?,” Darville said.

Last week, Attorney General Ryan Pinder said he does not believe the government will move forward with an amendment to the law to criminalize spousal rape because of the fear that the party may lose votes in an election.

“I think every administration in the history of The Bahamas who has put this on the table and had it in front of it is worried about the same issue. There’s nothing unique about this. … There is a reason that no administration has passed it and every single administration has drafted a bill, every single one,” Pinder told a law forum held at University of The Bahamas last week.

In 2022, the Office of the Attorney General drafted an amendment to the Sexual Offences Act that would repeal section three of the current law by removing the words “who is not a spouse” from the definition of rape. However, aside from a few public consultations, there has been no movement on the bill.

HRB said it was also calling on women to make their position known when casting their ballots in the next general election.

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