Human rights group in Bahamas disappointed at stance of gov’t on marital rape

Human Rights Bahamas (HRB) has expressed disappointment with the decision of the Philip Davis government not to introduce legislation to make marital rape a crime.

Last week, Attorney General Ryan Pinder stated that he does not believe the government will proceed with an amendment to the law to criminalise spousal rape due to concerns that the party may lose votes in an election.

“I am extremely disappointed, especially [in] those with daughters, sisters, mothers, and wives. Shame on you for prioritising votes over the fundamental rights and dignity of half our population,” said HRB Vice President Joseph Darville.

Section 3 of the Sexual Offences and Domestic Violence Act 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 …”

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 marginalised 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.

“I think every administration in the history of The Bahamas that 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,” Attorney General Pinder told a law forum held at the 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 3 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 further progress on the bill.

HRB said it disagrees with the argument made by some men and religious groups that making marital rape a crime would “weaponise” sex in marriage.

“A marital rape law does not weaken marriage; it strengthens it by ensuring that respect, consent, and equality remain at its core.

“If we cultivate a culture of respect within our marriages, young men will learn to respect women in all aspects of their lives. What message are we sending them now? That it is acceptable to hurt their mothers, sisters, and partners? That dominance over women is their right?” HRB said, urging legislators who support the law change to step up and demand action.

HRB also called for women to make their position known when casting their ballots in the next general election.

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