(Jamaica Observer) With the debate now before Parliament to amend sections of the Sexual Offences Act to make marital rape a crime, the question of whether or not a husband can rape his wife remains a doctrinal negative in some quarters of the church community.
Presently, Jamaica’s Sexual Offences Act does not acknowledge non-consensual sex within a marriage as rape unless the parties are separated.
However, one of the recommendations that came out of a parliamentary committee review completed in December last year, is to delete section five of the Sexual Offences Act, which contends that rape could not occur within the context of a marriage.
“This was viewed as placing married women in a disadvantageous position, when compared to other women in relationships,” the report stated.
Presiding Bishop Tyrone Gordon from the Church of God in Christ Jesus Apostolic Faith, in an interview with Jamaica Observer indicated that he does not support an amendment to the Act.
“I would not support the idea of marital rape. We believe that there should be proper consent and the woman should not be forced. But if it does happen, the solution is for the Church to get both parties together and to try and come to an understanding so that such a thing does not happen again.”
“The man should acknowledge his behaviour and be willing to say sorry and resolve it so that it never happens again. I would counsel both and try to find out why the man would do such a thing because there is no need for that,” said Gordon.
The Bishop cited I Corinthians chapter 7, which states in verse four that a wife does not have authority over her own body, but should yield it to her husband. The verse goes on to say that in the same way, the husband does not have authority over his own body but yields it to his wife.
“In a marriage you should not deny each other except for when you are fasting,” the Bishop argued, adding that in his ministry, he uses counselling to resolve matters of domestic violence between married couples.
“I am totally against any form of abuse. You would want to counsel the couple to find out why that is happening. But it is a fact that domestic abuse is happening in marriages,” Gordon admitted.
When it comes to matters of domestic abuse between couples Bishop Gordon said that the Church acted as mediator in trying to get the couple to reconcile.
“I have dealt with a few couples in that situation and I have gone the extra mile to have them reconcile. Sometimes it works, sometimes it doesn’t and the couples have to go their separate way. But divorce should not be the first option,” he added.
“First of all, we want to do it according to scripture. If the man and wife can resolve it between themselves then that is the first option. There is a passage of scripture that says you are to take whatever you have against your brother first to the altar, and if he doesn’t willingly take it, then you should take it to the Church,” said the Bishop quoting the Bible, Matthew 5:23-24.
Reverend Karl Johnson, general secretary of the Jamaica Baptist Union, argued that marriages do have a breaking point, at which couples have to be separated.
“Any relationship, whether it is marriage or not, once there is abuse or violence in that relationship, it cannot be countenanced, it has to be abhorred and every effort must be made to see to it that the abused party is protected.
“A marital relationship can break down, but the couple remains legally married. For us Baptists, divorce is a regrettable occurrence. But because we are fallen beings, a marriage can break down to the point of being beyond human repair.
But marriage is intended to be permanent. We affirm this as Baptists,” said Johnson.
“You have cases where a divorce is inevitable. But it is not divorce for hire, it has to be the last resort,” he continued. Johnson also argued that while marital rape is not a concept that can be found in scripture, domestic abuse between married couples should not be tolerated.
“If you ask whether marital rape is a concept found in scripture, I have never come across it. But the concept of abuse is a well known human experience. The Bible does not support abuse, whether by your spouse or anyone else. There is no relationship that should justify abusing another human being,” said Johnson.
Meanwhile, Father Sean Major Campbell, Rector of the Christ Church in Vineyard Town, told the Sunday Observer that marital rape is not often reported to the church. He reasoned that in Jamaica’s cultural context, marital rape is a taboo subject.
“Rape is an act of violence, and victims should seek remedy before the law. The church remains consistent in its message of peace, love, and wholesome family life. The family and home ought to be a place of respect, nurture, and care.
“Victims of domestic violence should be supported and encouraged in decisions leading to safety. Perpetrators of domestic violence, if open to counselling, should be assisted with a course of therapy inclusive of family counselling. Where domestic violence, inclusive of intimate partner violence prevails, victims should seek recourse under the law,” Fr Campbell contended.
