Bethel seeks to make case against marital rape law

Mon, Aug 28th 2023, 07:42 AM

Grace Community Church Senior Pastor Lyall Bethel said yesterday he would reject any law that would weaponize sex in a marriage and said there is no need to move forward with a marital rape law. 

During a press conference, Bethel, surrounded by senior members of his church, said the Sexual Offences Act already provides sufficient remedy in cases of sexual assault in a marriage.

He was referring to Section 15 of the act, which criminalizes sexual assault by a spouse in the case where the couple is divorced, has a decree of judicial separation, a separation agreement or are separated in other circumstances.

However, the law defines rape 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 ...".

"We already have something in place," Bethel said.

"The cries, the statements being made, what more do you want?

"There is already sufficient remedy in the system."

In 2022, a Supreme Court judge ruled that though a woman who filed for divorce claimed she felt like a rape victim "for an extensive period of time" when her spouse had sex with her, as it stands, the law does not provide for rape in marriage in The Bahamas.

The Davis administration has drafted a law that would criminalize marital rape. The proposed amendment would remove the words "who is not a spouse" from the relevant provision.

But that has been met with push back.

Bethel said the proposed bill could lead to issues in society.

"Should the proposed bill be enacted, it is feared that the social ills in our country will increase dramatically, namely, less marriages, which in turn leads to the destruction of the nuclear family, which was designed by God almighty for the flourishing of the society," he said.

"Who wants to get married when this thing is so dicey and dangerous and you have to constantly be looking for consent and you don't know if you even have a right to kiss her without getting it. It's crazy. It just makes everything terrifying and scary.

"It will lead to an increase of adultery, sweet-hearting, adding to the destruction of the family and marriages.

"There is a possibility of false accusations by spiteful spouses who wish to seek revenge.

"There is an issue of wrongful convictions and there will obviously be an increase in fatherless homes.

"If the men are incarcerated because of such proposed laws, there will be even less father figures for children."

Bethel said he does not believe or endorse any kind of violence in a marriage.

"We firmly believe that any spouse who cries rape within a marriage is signaling that the marriage is already in trouble and more than likely is headed to the divorce court," he said.

"On the day of the wedding, both the man and woman make marital vows and, therefore, cannot retract the consent to cohabitation, which is part of the marriage covenant/contract, without clear certifiable evidence that it has been withdrawn."

Bethel said the issue of spousal abuse should be placed in context, and rejected the notion that women are the property of their husbands.

During a discussion on the proposed law in July, Law Reform Commissioner Dame Anita Allen said that a bill is not a "campaign against husbands" or a tool for wives to leave a marriage, as some believe.

"I think, and I am biased, that this amendment is timely and that we should move forward in providing that rape is rape no matter who the perpetrator or the victim is," she said, adding that it is not an attack on marriage.

Pastor Rex Major recently said he is troubled by the concept of marital rape "because people does lie".

While The Bahamas has committed to criminalizing marital rape, at least three previous administrations have backed off from addressing the issue.

It is unclear if the Davis administration intends to table the bill in Parliament anytime soon.

The post Bethel seeks to make case against marital rape law appeared first on The Nassau Guardian.

The post Bethel seeks to make case against marital rape law appeared first on The Nassau Guardian.

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