Culture Clash: Eight Years On The Same Debate With The Same Answer – Rape Is Rape

We need to talk about consent. Most of us understand it to mean permission. Parents and guardians signing forms to allow children to participate in extracurricular activities probably comes to mind. We don’t think about consent as a way of controlling and protecting our own bodies. Instead, we view the bodies of women and girls as public property.

When we force children to show affection to family members and friends without prejudice, we teach them they do not own their bodies. When we tell teenaged girls, “Dress the way you want to be addressed”, we are telling them other people’s perceptions of them are the most important thing. We have many ways of making each other less than human, stripping away rights and dignity. We find ways to blame one another for any violation experienced, conditioned by and continuing the perpetuation of rape culture.

Rape culture is prevalent in our environment and allows people to believe there is something women and girls can do to prevent sexual assault. We can dress differently, travel in groups, ensure we are always accompanied by men, refrain from consuming alcohol, get home before dark and ignore our own sexuality. Even further, we can purchase a number of products like special underwear that only we can remove and nail polish that detects date rape drugs in our drinks. The onus is continuously put on us, women and girls to protect ourselves by being less visible and investing in products specifically designed for us. As if this is not enough to bear, our law does not recognise us as full people after we marry.

According to the Sexual Offences Act, once married, women are no longer entitled to (not) give consent to their husbands and are expected to engage in sexual activity whether we would like to or not. The Act says we cannot be raped and, by marrying us, men have unlimited rights to access our bodies.

What if this were the case for murder? If a man owns his wife’s body to the extent he can penetrate her vagina without her consent, what is to keep him from thinking he can kill her without consequence? If we stick to the “two become one” argument, we set ourselves down a slippery slope. Married women can vote, but not say “no” to sex and have the right to press charges if her husband rapes her. Married women are human beings in some ways, but property in others.

There is no reason for women to be denied the right to choose what to do with their bodies, in marriage or otherwise. The narrative of false accusations is completely baseless at best and foolish at worst. If we create legislation and policies based on potential for misuse, we would likely be forced to go without. Anarchy, anyone?

People talk about the great fear of the lying woman. Won’t married women lie on their husbands, just because?

People sometimes lie — not women; people. Cases sometimes go to court and the defendants are innocent. Sometimes it is difficult to prove the crime. We see this happen every day. This is the reason for courts, judges and juries. It is the reason evidence is required. The justice system has its issues, but so do society, the church and the institution of marriage. Are we really satisfied to doom married women to live as the property of their husbands, able to be lawfully violated? Are we happy to have even ten women suffer in silence, with no legal recourse, because one might lie on her husband? Do we really believe men are entitled to sex on demand when they marry a woman?

To be clear, rape is not sex. Sex can only occur with clear, continuous consent from all parties involved. When anyone is forced to participate in sexual activity, it is assault — a violation. If a person is underage, they are not able to give consent. If a person is intoxicated, they are not able to give consent. If a person is unconscious or asleep, they are not able to give consent. Consent must exist for a sexual act to be lawful. It must be explicit and cannot be coerced. There is no such thing as sex without consent; that is rape. It does not matter whether or not the people involved are married. Consent is not granted in perpetuity, regardless of licences and vows. We have the right to say yes or no.

In July 2009, then MP for Long Island Loretta Butler-Turner tabled the marital rape bill which would have amended the Sexual Offences Act to omit “who is not his spouse” so that marital status does not enter the definition of rape or impede access to justice. Eight years later, we are having the same conversation on the same level, seemingly with no better understanding of or appreciation for women’s rights as human rights. We listen to political and religious leaders and allow them to guide our thoughts on opinions far too often. We forget Members of Parliament and Cabinet Ministers work for us and should be acting in the best interest of the Bahamian people. Laws and policies should be made to protect the most vulnerable among us; not putting them at higher risk or further marginalizing them from the rest of society. Religious leaders should not be interfering in governance of the country, or imposing themselves and their views on the citizenry. They should be rebuking the consistent, dangerous misuse of biblical text to support misogyny.

Those who support men who rape their wives often use biblical text, mostly in fragments, to compel others to do the same. A favourite is Ephesians 5:22 which implores women to submit themselves to their husbands. Those quoting this scripture conveniently neglect to mention verses 23 and 28 which call on men to love their wives as Christ loved the church and “as their own bodies”. A true, practising Christian would surely look at the full scripture and, upon seeing “love,” refer to I Corinthians 13 for its definition and characteristics. According to Paul, love is patient, kind and protective and is not self-seeking. If a man loves his wife, would he not be patient, kind and protective, and willing to put his own desires aside instead of being self-seeking? If a man loves his wife as Christ loved the church — for which He gave His life — what limit would there be to what he would give up for her? Why aren’t we holding men to the same standards we demand women meet?

A married woman is still a woman, and a human being. Married women, like unmarried women, have human rights. These include being equal in dignity and rights, the right to security of person, freedom from slavery or servitude and recognition everywhere as a person before the law. In addition to being protected from sexual assault and understood to be human beings, women deserve to have access to justice. We need to look at the Sexual Offences Act and its definition of rape. We need to look at the way we view marriage and, in particular, the privileges of men within the institution. We need to understand that rape is rape, no matter who is involved. Perhaps more than that, we need to look at the positions we take and the arguments we use and ask ourselves who we are trying to protect – and why?

Published in Culture Clash — a weekly column in The Tribune — on December 20, 2017