Can a man rape his wife? This is a question that many people to this day will respond to with a no. They hold steadfast to the idea that marriage somehow grants one total control over their wives, as women largely continue to be seen as mere appendages to their husbands. It is often easy for the right-minded of us to assume that those who hold these regressive beliefs are old uneducated men who simply grew up in a time where better was not known. While that might be the predominant demographic, the reality however is that this is a belief that persists amongst the young and bright. It is also a belief that has been internalized by many women and girls. From a young age, they are taught that their bodies are not their own.
Shifting from these narratives toward ones that encourage bodily autonomy and respect for consent can be difficult, especially if regressive legislation that abides by these beliefs remains in place. A glaring example of this can be seen in The Bahamas where for years, advocates and everyday citizens have been trying unsuccessfully to amend the Sexual Offences Act. While the Act criminalizes rape, under the law, rape is not recognized as something that can occur between a man and his wife. In 2009, an amendment to the Sexual Offences and Domestic Violence Act outlawing marital rape was proposed.
Public discussions regarding the need for adjustment of the act to recognize married women’s bodily autonomy and protection is one that is steadily raising its head in The Bahamas. 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.” Beliefs such as these are incredibly harmful as they contribute to the idea that a woman’s body is not her own, and 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 every day from then on. One’s right to change their mind about sex – whether in a marriage, civil union, relationship, or casual encounter — 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 government of The Bahamas has consistently demonstrated that it does not understand its moral and ethical duty to all its citizens and not just those who are privileged. It continues to be a hindrance to the amendment of the law, rather than seeing it as the priority that it is. The Bahamas is holding tightly on to a regressive belief that continues to significantly harm a large section of its population. Many women experiencing sexual violence within the confines of their relationship are unable to seek justice, as the courts do not recognize that they can and continue to be violated within their unions.