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Blueprint for Change says so

It should not be surprising at this point. Another week, another idiotic statement in response to the call for the criminalization of marital rape. This week, when asked about movement on the marital rape bill, the prime minister made a number of disturbing comments. 

First, he said, “Drafts are given for consideration. So we have a draft that has been given for our consideration. We have not gotten around to it yet.”

The bill to amend the Sexual Offenses Act to criminalize marital rape has been in draft form since, if not before, 2022. We have had the bill for at least two years. This comes after four years of sitting on an inadequate bill drafted by the previous administration. This is not a new issue, and there are no new items for consideration. There is nothing complicated to think about or discuss. Just last week, he stated that rape is rape, and that he has difficulty with categories and descriptions of rape. The marital rape bill removes a category and ensures that rape that is perpetrated by a spouse is legally treated as rape, as it should.

Next, he said, “As you would recall, I am guided by my ‘Blueprint for Change’. That sets out the basis for which I asked people to vote for me and marital rape was not contained in that. I’m not insensitive to it. I appreciate it and I know.” The Blueprint for Change mentions women only twice. On page 49, it states, “The PLP is committed to the United Nation’s Sustainable Development Goals that ensures quality education, life long learning opportunities, gender equality and empowerment for women and girls; quality water, sanitation, and access to affordable, reliable, sustainable and modern energy.”

The Sustainable Development Goals were adopted by the United Nations General Assembly in September 2015 with full support from all Member States, including The Bahamas. All of the 17 goals have targets, and those targets have indicators that facilitate monitoring and evaluation of progress toward the goals. 

Sustainable Development Goal 5, referenced in the Blueprint for Change, is to achieve gender equality and empower all women and girls. The first target is “End all forms of discrimination against all women and girls everywhere.” The indicator for this target is “Whether or not legal frameworks are in place to promote, enforce and monitor equality and non‑discrimination on the basis of sex.” The second target is “Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation. The indicators of this target are “Proportion of ever-partnered women and girls aged 15 years and older subjected to physical, sexual or psychological violence by a current or former intimate partner in the previous 12 months, by form of violence and by age” and “Proportion of women and girls aged 15 years and older subjected to sexual violence by persons other than an intimate partner in the previous 12 months, by age and place of occurrence.”

Gender equality requires an end to gender-based discrimination in law, policy, and practice. This, combined with the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the recommendations made by the Committee, led to the government engaging UN Women to undertake a review of all laws to identify those that discriminate against women and girls. This is what led to the discriminatory law review forum where the draft was, in a less than ideal way, discussed. The final report has not yet been delivered and approved, but we know the laws that were identified. The Sexual Offenses Act was one of them and Section 3, which defines rape, was specifically identified as one that needs to be amended. Eliminating discrimination against women, which is required to achieve gender equality, necessitates the criminalization of marital rape. The Blueprint for Change, then, includes a commitment to criminalizing marital rape.

On page 52, the Blueprint for Change states, “The Progressive Liberal Party is committed to eliminating all forms of discrimination against men and women in The Bahamas.” 

The Bahamas ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1993. In 2018, it underwent its sixth periodic review. Marital rape was raised, again, raised as a pressing issue. In its Concluding Observations, the CEDAW Committee recommended that the Government of The Bahamas “Adopt, without delay, the amendments to the Sexual Offences Act expressly criminalizing marital rape, remove any temporal limitations to the right to file a complaint for marital rape in the draft amendment to the Sexual Offences Act and establish a sex offender register and registry.”

In her report following her visit to The Bahamas, the (then) Special Rapporteur on Violence Against Women called on the Government of The Bahamas to “Revise or adopt new criminal law provisions to prohibit marital rape, including by ensuring that the definition of sexual crimes, including marital and acquaintance/date rape is based on the lack of freely given consent, and takes account of coercive circumstances, in line with general recommendation No. 35 of the Committee on the Elimination of Discrimination against Women.”

These recommendations are connected to the aforementioned parts of the Blueprint for Change. Criminalizing marital rape is required to follow through on the commitment to the Sustainable Development Goals which include gender equality and to eliminate discrimination against men and women. We must not accept what the Prime Minister has said. This is the work that is required of his administration, and this is the work that is committed to carrying out in its own campaign document.

Finally, the prime minister said, “My thing is that any time a couple … in blissful marriage reaches a stage where they are going to report their husband for rape, it seems to me that that marriage is irretrievably broken, meaning they are no longer married even though it may not have been so pronounced by a court.”

The marriage is broken? Violence is destructive. Sexual violence destructive. Rape is destructive. The conversation about marital rape, contrary to popular belief, is not about marriage. It is about people. Specifically, it is about a person who is violated in a devastating, irreparable way by a perpetrator who is not only known to them, but in a legal arrangement that is supposedly rooted in love, but often turns out to be obsession and/or possession. At present, the law suggests that legal arrangement erases the humanity of the person who has been violated, and that they should endure that violence and have no legal recourse.

Here comes the prime minister. He says the rape means the marriage is broken, such that they are no longer married, regardless of what the law or courts say. This shifted the line of questioning to divorce. It must be made clear that divorce is not a remedy for rape. Whether the marriage is broken or a person in the marriage fails to see the other person as a human being with human rights, including the right to give and withhold consent, divorce should be readily available. It should be more than possible. It should be easy because those people should not be together and should not be forced, by the law, to operate, in any way, as a married people. The violent act of rape, however, requires different action. Any person who is raped must be able to report the rape and have access to justice. Divorce and rape charges are not the same, they are not interchangeable, and one does not replace the other. We need access to both. Everyone should be able to report acts of violence against them, have their reports taken, and see the justice system work for them. 

In December 2017, the prime minister said, “I think we all accept…I know no right thinking Bahamian will accept that a person should be violated or in any form or fashion be abused.”

In February 2022, he said, “I’ve given the attorney general the mandate to follow the recommendations that will flow from that conference[…] and we’ll see what the recommendations are from there, and we’ll move to enact what laws [are] recommended by them to the attorney general that is deemed appropriate by the Cabinet.”

In October 2022, he said, “Any assault on a woman, be it whether you call it rape, grievous harm or otherwise, the law should take its course. Report those incidents to the police.”

Help women who raped by their husbands to report those incident to the police. Make rape a crime, regardless of the relationship between the perpetrator and the victim or survivor. Commitments have already been made. The bill has already been drafted. Stand in the shoes you so desperately wanted to wear.  Do what you claimed, in your Blueprint for Change, you would do. Move toward the achievement of Sustainable Development Goal 5 for gender equality and eliminate discrimination against women. Criminalize marital rape.

Recommendations

Yesterday was World Book Day, and Equality Bahamas shared a list of recommended books. One set of books were selected from the Feminist Book Club reads, and one set were written by Palestinian authors. Here are four books to consider buying or borrowing to read this month. 

How to Say Babylon by Safiya Sinclair

National Book Critics Circle Award Winner, a New York Times Notable Book, and winner of the 2024 OCM Bocas Prize for Fiction winner, this book is hard to put down. From the first page, Sinclair captures readers with the vivid depiction of her childhood and family life and her determination to get out and create a different life for herself. 

Evil Eye by Etaf Rum

Yara got married to break free from her conservative family. She went to university, got a job, and wants to teach full time. Her ability to participate in the work culture, which seems inextricably linked with upward mobility, is constrained by her domestic and care responsibilities. It does not help that colleagues obviously buy into stereotypes about Palestinian people, and this flattens her view of her own life into obligation and regret. She wants to prove that she isn’t the stereotypical Palestinian woman, and she wants to challenge, carefully, the norms that have been created in her own family so that she does not become her mother. 

What My Bones Know by Stephanie Foo

This is one of those books that, once you have read it, you are bound to think everyone should read. It is memoir infused with research, bringing scientific context to the deeply personal story Foo shared. Foo survived a childhood rife with abuse and abandonment. Though it took a long time, she got the diagnosis of complex post traumatic stress disorder (C-PTSD) and soon realized that she could not just “rally” and move on. She put in significant work to understand the diagnosis and access the care she needed. The story is difficult in parts, yet full of hope. 

You Exist Too Much by Zaina Arafat

A queer Palestinian-American girl is trying to be and love herself. This book takes us back and forth between the U.S. to the Middle East, showing different parts of her life. She struggles to live in a space between cultures and beliefs, trying to keep her identity and sense of self stable and strong. What happens when a mother tells her girl child, “You exist too much?” She has to reject it. She has to accept herself.

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Yes, rape is rape

The Prime Minister said, “Rape is rape!” Women’s rights advocates have been saying this for years. Rape is rape! Rape is rape! Wherever it happens, whoever is involved, rape is rape. There are no exceptions. 

The rest of what the Prime Minister said, however, is nonsense. The rest of what he said, in fact, was contradictory. The rest of what he said was irresponsible and misleading. The rest of what he said was what we, by now, have come to expect from him—unwillingness to state a clear position and a singular commitment to obfuscation.

“Why do you want to describe rape? Rape is rape.”

Well, for all who are as confused as the Prime Minister, the statement “Rape is rape” means that rape in all forms, by any person with or without any kind of relationship to the person violated, is rape. Rape of an underage person is rape. Rape on a hotel property is rape. Rape in the morning is rape. Rape by a spouse is rape. In the statement “Marital rape is rape,” we see that “marital” is used as an adjective, indicating that the rape being discussed is rape by a spouse. It is both more succinct and wholly accurate. The reason we use the term “marital rape” is not a suggestion that it is not rape, but an affirmation that it is, in fact, rape. It is not that we are creating a category of rape, but that we are calling attention the distinction that is made in the law—a distinction that dehumanizes married women, violates the right to bodily autonomy, violates the right to be free from violence, and violates the right to be seen and treated as person before the law. “Marital rape” is a necessary term within this context—the violent, misogynistic Bahamian context—where there is no recourse for a women who raped by her spouse.

Rape is, as the Prime Minister put it, divided into categories. This does, indeed, present a problem. Rape is rape! All forms of rape are wrong. Whether rape takes place in the morning or at night, perpetrated by a person known or unknown to the person violated, it is rape. Sexual intercourse without consent is, without question, rape. The Sexual Offenses Act, however, does not align with this fact. Not only are there several “categories” of sexual violence in the Act, the definition of rape in Section 3 has a marital exclusion, hence the term “marital rape” in the advocacy to amend the law. Because the Act creates this exclusion, we must be intentional in naming the exclusion.

The definition of rape in Section 3 of the Sexual Offenses Act says, “Rape is the act of any person not under fourteen years of age having sexual intercourse with another person who is not his spouse —[without consent].” The issue with the definition is that it provides an exception for people who are married to the people they rape. “Rape is rape,” the Prime Minister said, but the law does not say the same, and his administration has the power to change it. 

The definition of rape in the Sexual Offenses Act limits rape to non-consensual sexual intercourse that occurs outside of a marriage. The law, then, recognizes rape perpetrated by stranger, a parent, a sibling, a boyfriend, a teacher, an acquaintance, and a host of other people. It very specifically and deliberately does not recognize nonconsensual sexual intercourse, which is rape, that is perpetrated by a spouse. Again, this is an exception on the basis of marriage. It creates a “category” of rape that is permissible by the Sexual Offenses Act (while in contravention with international human rights standards and commitments that The Bahamas has made through its ratification of various conventions including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Belém do Pará). 

Given this, it important to look at Section 15 on sexual assault by spouse. In this section, the drafters determined that there is a narrow set of circumstances under which nonconsensual sexual intercourse perpetrated by a spouse is a criminal offense. They decided that this nonconsensual sexual intercourse, which is understood to be rape in other cases, is going to be in a different category. Rather than rape, it is called “sexual assault by spouse.” This, then, is another “category” of rape.

Section 6 is the first that addresses indictable sexual offenses and states that “Any person who commits rape is guilty of an offence and liable to imprisonment for life, subject to, on a first conviction for the offence, a term of imprisonment of seven years and, in the case of a second or subsequent conviction for the offence, a term of imprisonment of fourteen years.” Terms of imprisonment vary from one “category” to another. Again, note that women’s rights advocates have not created these categories. They exist in the law.

Section 15 states “Any person who has sexual intercourse with his spouse without the consent of the spouse —[where there is a decree nisi of divorce; a decree of judicial separation; (a separation agreement; or an order of a court for the person not to molest or co-habit with his spouse[…] is guilty of the offence of sexual assault by spouse and liable to imprisonment for a term of fifteen years. In addition, prosecution requires “consent of the Attorney-General.” It is clearly rape, though given another name and treated differently by the law, and putting up an additional barrier to reporting and accessing justice, again, privileging the rapist who is married to the person they sexually violate.

“Rape is rape, whether you’re married or unmarried and the challenge they are having is describing it,” the Prime Minister said.

Who is the “they” being referenced by the Prime Minister? Women’s rights advocates are not trying to “describe” rape. We are using appropriate language to specify that the rape of a person by their spouse is currently not considered, in Bahamian law, to be an act of sexual violence, and it ought to be. As the Prime Minister said, rape is rape! The most direct and clear way to discuss this issue is to use the succinct term “marital rape” until the necessary amendments are made to the Sexual Offenses Act to remove the words “who is not his spouse” from the definition of rape. Then we can talk about rape without the adjective “marital.”

The Prime Minister said, “We passed a bill… a bill against violence against persons[…] that covers any manner of degradation, or what I call behavior that’s not acceptable to society.”

This is, quite simply, incorrect. The “Protection Against Violence” Act is an embarrassment. It was rushed, bypassing consultation processes, in order to displace—and perhaps get people to forget about—the Gender-Based Violence bill. We have not forgotten the Gender-Based Violence bill which has been in draft since 2016. Equality Bahamas has been calling for the Gender-Based Violence bill to be updated and passed for several years, and this has been one of its demands during the Global 16 Days Campaign since 2020. The CEDAW Committee, in 2018, expressed its concern about “the lack of a comprehensive law addressing violence against women and the delay in finalizing and adopting the draft bill on gender-based violence and the draft national strategic plan to address gender-based violence.” The Committee called on the Government of The Bahamas to “accelerate the adoption of the comprehensive draft bill on gender-based violence and the draft national strategic plan to address gender-based violence, in line with the Committee’s general recommendation No. 35.”

Successive administrations have failed to act on the recommendations to move closer to compliance with CEDAW and other international human rights mechanisms. The “Protection Against Violence” Act does not meet the requirements. It is not a gender-based violence bill and it does not address gender-based violence. It absolutely does not “cover any manner of degradation” and certainly does not, as the Prime Minister seemed to suggest, address the issue of marital rape.

The so-called Protection Against Violence Act states as its purpose “to provide for a national strategy to prevent and respond to the occurrence of violence and to protect victims of violence by promoting a strong multi-disciplinary community and services for the comprehensive management of victims and offenders; a system of information gathering for the purpose of generating reliable statistics in instances where violence in domestic relationships results in death; compliance with regional and international human rights treaty obligations of The Bahamas.”

In summary, the “Protection Against Violence” Act is meant to provide a strategy to prevent and streamline responses to violence, collect data on death due to domestic violence, and meet international human rights obligations. The Act has sections on developing and implementing a national strategic plan (which, we must remember, was already published in 2015 and has been collecting dust instead of being implemented or, at this point, significantly and substantively updated), institutional strengthening, establishment of a foundation, establishment of a commission, establishment of a secretariat and appointment of a director, general rights of victims, procedure for handling complaints, care and support services (including housing and legal assistance) which apply only to victims of sexual abuse, protocol when violence results in death, establishment of a violence fatality review team, and administrative details related to the bodies to be established. 

The “Protection Against Violence” Act does not, in and of itself, propose prevention. It does not present a strategy. It does address marital rape at all. It focuses on the establishment of bodies and structures. It is not the kind of law that people imagine when they read or hear the title. The law that address sexual violence is the Sexual Offenses Act and it, as explained, does not acknowledge that rape is rape. The marital exception is cruel, violent, dehumanizing, and does not have to exist. 

All we need is a Prime Minister who cares. Members of Parliament who care. Who are not lazy. Who are not complicit. Who are not more concerned about reelection than addressing the pervasive issue of gender-based violence and, in particular, violence against women that is perpetrated by a spouse or intimate partner. We need legislators who know and understand the law. Who are prepared to work together to amend the law so that marital rape is, legally, rape. It only takes one Member of Parliament to take a bill to Parliament. Thus far, not a single member has cared enough to do it. What great evidence of where we are as a country, with our “representation” in the government and its priorities.

Recommendations

  1. Join the call to criminalize marital rape. Learn more about the #Strike5ive campaign by Equality Bahamas at tiny.cc/strike5ive. 
  2. Read the Sexual Offenses Act. Pay attention the definition of rape, the forms of sexual violence that are included, and the differences in sentences.
  3. Read the “Protection Against Violence” Act. There was no consultation on the bill before it was rushed to be passed, bypassing the Gender-Based Violence bill which was mid-consultation and has been recommended by numerous bodies including the CEDAW Committee in 2018 and Member States of the United Nations at the Universal Periodic Review in 2023. Understand what is and is not in the Act. The misinformation being spouted by this administration is not accidental, and it is not hard to miss if you read the text yourself, looking for the changes it is expected to make.
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Sexual Assault Awareness Month 2024

Monday, April 1 marked the start of Sexual Assault Awareness Month. This year, the theme is Building Connected Communities. It is recognition of our individual and collective responsibility to prevent sexual violence in all forms, from sexual harassment to rape. It is important for us to remember that:

  1. Sexual violence is not only perpetrated by strangers. Most people who experience sexual violence know the perpetrators. 
  2. More than one in three women have experienced sexual violence.
  3. Offenses recognized in the Sexual Offenses Act include rape (with the exclusion of marital rape), indecent assault, serious indecency, and sex trafficking. 
  4. Marital rape is not yet criminalized. 
  5. Sexual violence is a spectrum, and sexual harassment—including street harassment—is included.
  6. Consent is required for sexual activity. There is no substitute for consent and no excuse for acting without consent. 
  7. We have the power to reinforce and to rebuke gender stereotypes and gender-based violence, and we do it in our intentional and unintentional responses to the behavior of the people around us. 

The general public may not be aware of the commitments The Government of The Bahamas has made to the people of The Bahamas through international mechanisms, and it has a duty to comply with ratified international human rights mechanisms. The government also has a duty to make the general public aware of its commitments, its reports to international bodies for periodic reviews, recommendations made by the reviewing bodies, and its response to the recommendations. Successive administrations have completely failed to raise public awareness and education on human rights and its obligations to ensure access to all of our human rights. 

In 1993, The Bahamas ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), also known as the women’s bill of rights. Article 5 of CEDAW calls on States to “modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.” Under this Article, the CEDAW Committee makes recommendations to States to address the issue of gender stereotyping and gender-based violence against women. 

Since the adoption of CEDAW, the CEDAW Committee has also produced General Recommendation 35 which is specific to gender-based violence against women. In it, the States are called on to “ensure that all forms of gender-based violence against women in all spheres, which amount to a violation of their physical, sexual or psychological integrity, are criminalized and introduce, without delay, or strengthen, legal sanctions commensurate with the gravity of the offence, as well as civil remedies.” States are specifically called to “ensure that sexual assault, including rape, is characterized as a crime against the right to personal security and physical, sexual and psychological integrity and that the definition of sexual crimes, including marital and acquaintance or date rape, is based on the lack of freely given consent and takes into account coercive circumstances.” It is clear, then, that the criminalization of marital rape is required, necessary, and urgent. 

CEDAW Genera Recommendation 35 also articulates the need for integration of gender equality into curricula at all education levels. This should address gender stereotyping and gender-based discrimination, and include the values of non-violent masculinities and comprehensive sexuality education. We must ensure that people, from a young age, understand what sex is and is not. Everyone needs to know that sex requires consent, that consent must be enthusiastically and freely given, that consent applies to a specific act at a specific time and is not transferrable, and that consent can be withdrawn at any time. There is a clear different between sex and rape, and this distinction must be taught before people become sexually active. 

In 1995, The Bahamas ratified the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, also known as the Belém do Pará. It affirms that “violence against women constitutes a violation of their human rights and fundamental freedoms, and impairs or nullifies the observance, enjoyment and exercise of such rights and freedoms” and that “elimination of violence against women is essential for their individual and social development and their full and equal participation in all walks of life.” Article 2 states that Violence against women includes physical, sexual and psychological violence “that occurs within the family or domestic unit or within any other interpersonal relationship, whether or not the perpetrator shares or has shared the same residence with the woman, including, among others, rape, battery and sexual abuse” which means it includes marital rape. Further, Article 3 states the right of women to be free from violence in public and private spheres. That marital rape has not yet been criminalized in The Bahamas is a failure to come into compliance with the Belém do Pará as well as CEDAW.

Importantly, the Belém do Pará recognizes the intersection of identity and the resulting layers of oppression and discrimination that women differently. This means, for example, that women with disabilities, elderly women, and women experiencing poverty are among those who are more likely to experience discrimination and violence and to face challenges in reporting and accessing justice in the absence of appropriate intervention. 

Reports of sexual violence continue to be in the news every week. Women live with the perpetual fear of being raped. Many still think rapists only lurk in bushes and around dark corners, trusting that people known to us are safe to be around. Rapists are, more often than not, partners, family members, friends, longtime family friends, ex-partners, and people in positions of authority. The abuse the power of familiarity, and they depend on shame, stigma, and silence to maintain their reputations and their freedom. Changing this requires public education campaigns, comprehensive sexuality education in all schools and at all levels, elimination of stigma, survivor-centered reporting mechanisms, and legal reform that affirms the humanity and human rights of all women, regardless of marital status and any other identity markers.

Remember the Strategic Plan to Address Gender-Based Violence?

This week, I saw the announcement of the National Strategic Action Plan on Gender-Based Violence and Sexual Violence of Trinidad and Tobago 2023-2027 which is expected to “empower [Trinidad and Tobago] to build capacity for curbing violence, a deeply entrenched problem that affects individuals across age, gender, and socio-economic lines” and “foster multi-sectoral collaboration in addressing gender-based violence (GBV) and its detrimental effects on families, communities, and the wider society, thereby allowing all of society to suitably approach challenges and serve our vulnerable populations in a comprehensive manner.”

Does this sound familiar? It may be because the Strategic Plan to Address Gender-Based Violence in The Bahamas had multi-sectoral coordination as its first recommendation. The Plan was lauded by UN Women, said to be a model for the Caribbean. This is, of course, not the first time that The Bahamas has led the way, producing a report or taking a position, only to fail to implement or ensure substantive effects of the work, welcoming other, more committed countries to pass it by. 

The National Task Force on gender-based violence launched in 2013. It was chaired by Justice Rubie Nottage (retired), Dr. Sandra Dean-Patterson, and Dr. Robin Roberts. The Taskforce produced the Strategic Plan to Address Gender-Based Violence in 2015. With a vision “to eliminate GBV from our society completely by working together to maintain a zero-tolerance for GBV,” it focused on three core principles—prevention, protection, and accountability. The Plan noted that gender-based violence is “endemic in our communities and constitutes a major public health issue in our country.”

In a section for immediate action, the Task Force identified “The Ten Low Hanging Fruit” which it considered to be practical and measurable. They included a national community awareness program on gender-based violence prevention, a focus on mentoring for men and boys, a sexual assault response team project, and an early intervention program for children exposed to violence. 

At a forum held in New Providence in April 2016, UN Women’s Deputy Representative for the Caribbean Tonni Brodber said, “The 10 Low-lying Fruit” concept, if successful, can signal to other countries how to successfully go about ending gender-based violence.” Ms. Brodber added, “This will speak to all the better practices that we see around the world that are useful in reducing or ending gender-based violence. It shows the world that when the Commonwealth of the Bahamas says it is going to do something it is going to get it done.”

Eight years later, the Strategic Plan to Address Gender-Based Violence has yet to be implemented. Perhaps The Bahamas will have to follow the lead of Trinidad and Tobago. It may implement its Plan before The Bahamas even bothers to update the one it created a Task Force to produce more than a decade ago. The proof of commitment is in the implementation. 

Recommendations

  1. Participate in National Poetry Writing Month (NaPoWriMo). The prompt for April 1, fittingly, was “dupe.” The prompt for April 2 was “Who’s ya people?” Get in touch with Poinciana Paper Press to join the NaPoWriMo WhatsApp group to receive the daily prompts, read others’ work, and share your own. 
  2. Attend Women’s Wednesdays. On Wednesday at 6pm, Equality Bahamas will be in conversation with journalist Ava Turnquest about media literacy in The Bahamas. Register at tiny.cc/wwapril24. 
  3. Read How to Say Babylon by Safiya Sinclair. Feminist Book Club, coordinated by Poinciana Paper Press and Equality Bahamas, meets every third Wednesday of the month at 6pm in a hybrid format. On Wednesday, April 17, participants will discuss Sinclair’s memoir, described as a “reckoning with the culture that initially nourished but ultimately sought to silence her [and] her reckoning with patriarchy and tradition, and the legacy of colonialism in Jamaica.” It is on the long list for the 2024 OCM Books Prize for Caribbean Literature in the non-fiction category alongside Equal to Mystery: In Search of Harold Sonny Ladoo, by Christopher Laird and Harvesting Haiti: Reflections on Unnatural Disasters, by Myriam J.A. Chancy. The winners in the categories of Poetry, Fiction, and Non-fiction will be announced on April 7, 2024, and the overall winner will be announced on April 27 at the NGC Bocas Lit Fest in Trinidad. Register to join Feminist Book Club at tiny.cc/fbc2024. 
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Ending Sexual Violence Begins with Education

Comprehensive sexuality education in all schools is an absolute necessity. It is a preventative measure that can and does protect children from sexual violence in various forms including incest and rape by people known to them. The absence of comprehensive sexuality education and the ongoing refusal to implement it in all schools is not only a disservice to children and the people who have gone through the system, but an act of violence. It is withholding information that is critical for people to assess risk, make good decisions, identify acts of violence, and report threats, intimidation, and acts of violence toward them by (would-be) perpetrators.

The children of this country need access to information. We need to acknowledge and respond to the fact that they will not be children forever, and they cannot be expected to responsibly participate in a world they do not understand. Providing them with information gives them the ability to make informed decisions. It does not promote or encourage recklessness.

Comprehensive sexuality education does not teach children how to have sex. It increases their ability to prioritise their health and wellbeing, not only when they decide to engage in sexual activity, but as they navigate relationships.

Below are ten facts that are important for us to know about comprehensive sexuality education.

  1. It is scientifically accurate. It includes biology and uses the proper names for body parts including penis, vagina, vulva, and anus. Knowing these words and being able to identify these body parts is critical for children as it enables them to clearly communicate about what is happening to their bodies and report acts of sexual violence against them.

  2. Contraception, pregnancy, and sexually transmitted infections (STIs) are covered. Students are introduced to condoms (both external, known as male condoms, and internal, known as female condoms), oral contraceptives (commonly known as birth control pills), implants, injections, patches, and intrauterine devices. They are taught about pregnancy and how it happens, how it can be prevented, and which contraceptive methods also protect against STIs. It is important for young people to know the proper names and common names of STIs, the symptoms, how they are transmitted, and the available treatments. At least as important as this information is national statistics on the prevalence of STIs.

  3. Comprehensive sexuality education is for all ages and curriculum is designed to be age-appropriate. Those in the first grade do not receive the same information as those in the tenth grade. Younger students are taught that their bodies belong to them, that there are good touches and bad touches, and that they can trust their own instincts and feelings about which touches are good and which touches are bad. They are taught about consent in simple, relatable ways and given permission to say no when anything is uncomfortable, and encouraged to talk to their parents or another authority figure if someone makes them feel uncomfortable. High school students are taught more about biology, relationships, and making the distinction between sex and rape.

  4. Comprehensive sexuality education has a human rights approach. It focuses on the humanity of people and does not aim to shame them for the changes in their bodies and their curiosity about sex. It affirms young people’s identities and how those identities affect the way they experience the world. They learn about discrimination and violence, and they are taught the value of empathy and being able to resolve conflict in nonviolent ways.

  5. Self-determination is a critical part of the curriculum. By providing this information, young people are empowered to make their own decisions. They are given life skills that they will need and use forever. These include condom negotiation, which can be difficult for people of all ages, and firmly, confidently saying no, even under pressure to say yes.

  6. Power dynamics are included in comprehensive sexuality education. Young people, especially children, need to know that people in positions of authority and older people do not get to automatically do whatever they want to their bodies. They learn that they own their bodies. They also learn that people sometimes misuse and abuse power. Adults may use age or positions such as teacher, religious leader, or relative to convince young people to do something, to not talk about something that happened, that something terrible was okay, or that no one would believe them. They need to be aware of this and to know that it is manipulation and it is wrong.

  7. Discussions about healthy relationships are an important part of comprehensive sexuality education. Young people often start thinking about, observing, and entering relationships before the adults in their lives know or talk to them about it. Navigating relationships is difficult, and they need to be equipped with tools that help them to be clear about what they want, clearly communicate what they do and do not want, set boundaries, see red flags, prioritise their own wellbeing, and get help from an adult when needed. They need to know that relationships should be mutually beneficial, should not involve pressure to do anything, and should not involve any form of violence.

  8. Sexual and reproductive health and rights are deeply connected to comprehensive sexuality education. Having this information is a right for everyone. Young people need to know the age of consent. They need to know what consent means and what does and does not constitute consent. They need to know when and how they can access healthcare on their own and what that healthcare should include.

  9. Gender, discrimination, and violence have to be included in comprehensive sexuality education. Gender is a factor in various parts of the curriculum including power dynamics and the legal age of consent. Discrimination is also relevant in those components. Violence is, unfortunately, always relevant and the risk of violence can change with age, gender, socio-economic status, and various other identity markers.

  10. A sex-positive approach is critical to the success of comprehensive sexuality education. Sex should not be presented as bad or negative, and people who have sex should not be characterised that way either. It needs to be acknowledged that sex involves pleasure. It is not exclusively for procreation, nor is it for the enjoyment of one person. It should be mutually enjoyable. This is important as it makes clear that sex should be a good experience for the people involved and not a sacrifice that is made for or to someone else. This is helpful for people as they make a distinction between sex, which is consensual and enjoyable, and sexual violence which is nonconsensual and in many cases, though not all, does not feel good. This is not the same as encouraging sexual activity. It is providing important information that they can use to assess situations, both in the future and in the past.

It is our responsibility to ensure that children are protected from predators, young people have the information and confidence to make good decisions and access to the services and resources they need, and perpetrators of violence can be identified, reported, and appropriately charged. We cannot do this by pretending young people will be immune to their own sexuality and abstain from sex unless we acknowledge the existence of sex and sexuality. It is unrealistic to expect them to accept the directive to abstain without any further information or the explanation of other options and the related risks and benefits.

Reports on sexual violence are in the news every day. There are cases of incest, statutory rape (reported in very incorrect, misleading terms as “unlawful sex with a minor”, conflating rape with sex), and rape that get very little attention unless we hear specific details. Sometimes the age of the survivor or the circumstance of the assault cause alarm and upset, but every case does not get the same response. People have become and are becoming desensitised. People are finding ways to excuse sexual violence. Rape culture continues to dominate, leading adults to blame children for being preyed upon by adults. Adults demonstrate their complete ignorance about consent every day. Young people are not the only ones who need comprehensive sexuality education, and that is obvious, but they certainly need it immediately.

Many parents are unwilling to talk to their children about sex. Many are unequipped. Many do not want anyone else to do it. What ends up happening is young people learning from other young people, and young people using the internet and turning to popular culture for answers to their questions. Depending on the sources they find, they could get accurate information, or they could be misled. We have the opportunity to ensure that they have accurate information and access to resources and services. This should not be squandered in the name of fear. Adults have to get past their discomfort, and they need to prioritise their children. The government needs to take responsibility for the education and health of the people in this country.

Comprehensive sexuality education needs to be in all schools and at all grade levels. We cannot afford the consequences of not making this decision. We need to end rape. We need to end incest. We need to end all forms of sexual violence against everyone. This begins with education, and this is the only way to truly empower the people who are at the highest risk.

Published in The Tribune on July 26, 2023

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Unlawful Sex is Rape; Time to Name It and Do What’s Needed to Stop It

It is nowhere near surprising to read news stories about increased reports of sexual violence. It has become a near-daily challenge to get through articles about court cases involving men who have raped or otherwise sexually assaulted children where their crimes are referred to as sex or, in some other way, named as though they are not criminal, abuses of power, and void of consent.

The language used by police and courts is used in newspapers, all but erasing the word “rape” from public conversation. This is, in part, how we have come to talk about children as though they are adults, and survivors as though they are perpetrators. This is rape culture. This is adultification of children (and black girls in particular), the hatred of women, the refusal to acknowledge human rights, and the determination of far too many people to ignore the crisis that is gender-based violence.

Violence of many kind has been normalised in The Bahamas. It has been a part of our everyday vernacular for a long time with words like “hit” being used to describe various acts that are not necessarily violent, and threats of violence are made loosely, in jest, and without reproach.

“Rape” is used to describe various activities that people consider unfair, but which, otherwise, do not compare to the vile, criminal act of sexual violence. Somehow, though, when it comes to rape, the language changes. There is less willingness to use the appropriate word — rape. Instead, terms like “unlawful sex” are used to refer to the criminal act of a man raping a child. There is no excuse for this. Police reports do it, then the news media does it. The courts do it, then the news media does it again. One says they are using the language of the other, for consistency, yet the law says that the offence is rape.

Rape is caused by rapists. Rape culture makes it easy for rapists to rape people. Rapists seek to dominate, so people in situations of vulnerability, largely due to their identities, are often targeted. These include women, children, and people with disabilities. Rape, as we have seen in the reported cases over the past few weeks, does not need many conditions in order to occur. Rape happens during the day, and it happens at night. It is perpetrated by rapists indoors and outdoors. Rape is perpetrated against strangers, family members, friends of family members, friends, co-workers, people under the care of the rapist, and people with many other relationships to the rapist. There is no single act or set of actions that anyone can take to prevent themselves from becoming the target of a rapist. Rapists rape.

It is not that nothing can be done to prevent rape, but that preventative action is not for potential targets to undertake. It is not up to individuals to protect themselves from rapists. It is for governments to enact and enforce laws, make clear the obligations of institutions, including schools and workplaces, connect institutions and stakeholders and facilitate ongoing communication and implementation of action plans, develop appropriate, effective interventions, provide support services for survivors, centre survivors and their healing in justice systems and practices, and provide programmes for perpetrators that rehabilitate and prevent recidivism.

Asked about the increase in reports of sexual violence, the police press liaison officer said there are “crimes of opportunity because we are not taking the time out to put necessary precautions in place”. Let us assume, for the purpose of usefulness and productivity, that the officer was referring to prevention that must be led by public institutions. What precautionary systems and measures should be in place?

Let’s start with the root of this issue. There is a dangerous gender ideology that stems from slavery, colonialism, capitalism, and patriarchy that has convinced people that women are subhuman, are to be dominated by men, and are objects. It has also convinced people that men are to perform masculinity in the most toxic ways which include violence, hostility, a very limited range of emotions, and both the willingness and ability to dominate anyone who is not a man performing in the same way, especially women and men who are not (perceived to be heterosexual.

The vast majority of sexual violence is perpetrated by men. This is not disconnected from toxic masculinity or the constraints of the gender ideology that put women and men in boxes while marginalizing all other people. One of the ways that some men seek to assert their masculinity — and distance from femininity which has been so devalued by heteronormative gender ideology that it is regarded as perverse — is perpetrating violence. When manhood is questioned, when masculinity is undermined, when authority is not theirs alone, see how many men thump their chests and proclaim, “I’s man!”

Listen to the threats they spew. Watch the way they engage women as opposed to men. Listen to the way women talk about their experiences with them. Differentiate between the platonic love and respect they have for each other and the vitriol and disdain they have for women they may even claim to love.

Where a relationship exists, perpetrators of violence convince themselves that it is ownership. Where a relationship does not exist, and a perpetrator wants there to be a relationship, he decides to punish. Where a relationship does not exist and the perpetrator has no interest, and ownership — by another man — is not established or immediately evident, the perpetrator assumes control.

Rape is about power and control. Relationships only determine how a perpetrator violates a person, unless he respects a man who has already claimed ownership. All of this is misogynistic. All of it is dehumanising. It is all linked to the idea that women are subhuman and subject to the whims of men. This dangerous idea is perpetuated in explicit and implicit ways, from fathers giving their daughters away at weddings to the normalization of sexual harassment in public spaces. None of this has anything to do with what women do or do not do, or efforts made or not made to protect ourselves from rapists. It is directly related to societal ideas and behaviours related that subjugate, devalue, and dehumanize women and girls.

The press liaison officer, unfortunately, went on to do what we have come to expect from the police. Victim blaming. “Females need to make sure that they are upfront and they are honest with their family members in letting them know where they are going, who they are going with, and not saying you going one place and you end up another and something goes wrong.”

While we may agree, in theory, that it can be helpful for us to let people know our plans, we need to be realistic about the benefits of the practice. If something goes wrong and people know where we are, then what? Something has already gone wrong. Sure, we may be found and receive assistance sooner, but the violation has already occurred. No sharing of plans would prevent a rapist from raping in a location that we disclose. The problem is the rapist. We can, of course, delve into the reasons people lie and withhold information, especially when there are differences in values and fear of judgment. For now, we need to be realistic about where prevention takes place.

Prevention is in schools. It is in the way we teach children about their bodies, about consent, and about paying attention to and responding to their instincts. It is in comprehensive sexuality education, and discussions on healthy relationships, warning signs of abuse and abusive partners, sex positivity, and bodily autonomy. It is in households. It is in the way we tell people to moderate their behaviour, the respect we show and demand be shown to our children, the communication channels and practices, and the modeling of safe, healthy relationships of various kinds.

Prevention is in street lighting. It is in safe, reliable, accessible public transportation, and having it as an option at night. It is in the clearing of bushes, pedestrian crossings and enforcement of traffic laws. It is in legal reform to criminalise rape, contributing to the widespread understanding that rape is rape, no relationship is a defence for rape, and women are human beings with human rights regardless of marital status. It is in legal systems and practices, from bail to assessing the actual effects of a sexual offenders registry to reporting mechanisms.

Prevention is in the way government officials regard women and girls, and the urgency with which they respond to issues, especially gender-based violence, that directly affect us and often lead to femicide.

The Minister of Social Services said: “The rush of the past in dealing with sensitive issues have failed and caused Bahamians to be sceptical and cynical about what they perceive is haste without complete dialogue with the people.”

This is a matter of urgency. Years and years of back and forth on a bill, turning it into a senseless debate when it is an issue of human rights, is not rushing. This issue is not sensitive to anyone but the people experiencing violence every day, and having little or no recourse. It is not sensitive to government actors, content to let bills like the marital rape bill and the gender-based violence bill languish, and who allow extended discourse about whether or not it matters that a woman is raped if the rapist is her husband. There is no sensitivity there, and there is certainly no sense.

The minister also said: “The position of the Church is fundamental and has been in each step taken in the growth and development of our country.”

The Church is fundamentalist. The religious leaders who are talking about this issue, delaying the bill with their misogynistic, violent nonsense are fundamentalist. They fundamentally believe that women are less than men. That women do not deserve rights. That men should get away with rape if they are married to the victim or survivor. That their god is pleased with violence. That their opinions are more important than the fact that rape is violence, women have human rights, and that those rights include freedom from violence.

This is what is delaying the passing of the marital rape bill. This is what is delaying the gender-based violence bill (rather than the significant work that needs to be done to make it useful, including actual engagement with human rights experts and NGOs with proven technical expertise on women’s human rights rather than the government’s — or the Attorney General’s Office’s — selection of yes-organisations).

“We have made progress, and we will soon complete our due diligence,” the Minister of Social Services said.

What progress? What due diligence? What is the meaning of “soon”?

It is interesting to see the specific ways that government institutions suggest we, women and girls, protect ourselves, juxtaposed with the vague, unsubstantiated nonsense they offer when pressed to do more than perpetuate rape culture by blaming us for the violence we experience.

If the government did its job, we would be able to go to ours without being raped on the way, or on the way back, or while there, or during a call to tell someone where we’re going, or when catching a ride, or or or or or.

At some point, the government, especially legislators and law enforcement, must accept that the blame is on rapists, and that they facilitate rapists far better than they protect us, the women and girls who live with the perpetual fear of rape, and/or the memory of it.

Published in The Tribune on April 5, 2023

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Culture Clash: It’s Our Job to Protect Young Girls

The issue of sexual violence against women and girls is in the media too often for us to pretend the incidents are isolated or separate from systemic issues. We struggle to recognise and address some of those issues, such as capitalism and misogyny, while others are universal enough to receive widespread acknowledgement. Most of us agree, for example, that the current economic structure does not work for most of us and it is obvious that the distribution of wealth is disproportionate and not tied to merit or skill.

Connections, however, are not immediately made between economic conditions and violence against women. Coercion is often downplayed and there is a lack of analysis of circumstances under which women and girls are sexually violated.

We are all used to seeing photos of missing girls. Many people ignore them or make dismissive, presumptive comments about the girls without knowing anything about their situations. There is a disturbing willingness to ignore the predatory behaviour of men who take advantage of the vulnerability of girls.

Adults make judgments about the characters of 13, 14, and 15-year-old girls. They label them as “bad” and decide they are undeserving of the resources it would take to not only find them, but protect them from the criminals who specifically, consistently prey upon them.

There are sexual predators who spend time developing relationships with girls. They find out about their lives at home. They get details about the other people living in the home, when they are present and what they can and cannot provide. They find the gaps and make promises to fill them. They do some or all of what they promise. They earn the girls’ trust.

During this time, these predators groom the girls. They set expectations of the girls. Those expectations tend to include the secrecy of their relationship, the dynamics within the relationship like the requirement that they are obedient and deferential to the predator and the nature of the exchange. The girls do not always know what they will be expected to give, but they are made to understand the “love” they receive has to be reciprocated in some way. All along, the predators create an image of themselves that is authoritative. This image may already exist due to their jobs, or it may be impressed upon girls through their interactions.

By the time a girl goes missing, if she is, indeed, “with man,” there has likely been a grooming period. A relationship has been established and the predator is the authority figure and the source of something the girl needs and has not been able to otherwise acquire. Maybe they promise a better life. Maybe they suggest a payment of debt. Maybe it is supposed to be a treat. Maybe it is by force. Maybe an event at home prompts the girl to seek refuge somewhere else. By whatever means, predatory men steal girls away from their homes. Whether or not the girls resist, this is a crime.

The girls’ family members report their absence and the police seek assistance from the public. Members of the public decide they know the story and assign blame to the girl and her guardians. Maybe there are a few offhanded comments about “big, rusty men,” but the girls are found guilty: of being too fast, of wanting to be women, of being duped by men.

They are, essentially, judged for not being the “right” kind of children — those who have what they need, know the right things to do and say, and are, by their material conditions, protected. The parents are found guilty of not knowing enough about where their children are when they are not with them, of not disciplining them enough, of not paying enough attention, and of being focused on other things. They are guilty, in many cases, of having to be away from home to work for long periods of time.

Children are not responsible for themselves.

Girls are children. Before a teacher can take children — in their care at school — on a field trip, the parents or guardians of those children need to give their written consent. Children do not attend doctors appointments without parents or guardians. They cannot drive. They cannot legally purchase or consume alcohol. Girls cannot consent to sex.

When cases of sexual violence against minors are reported, the language used — given by the police — does not make it clear they cannot consent. Phrases like “unlawful sex with a minor” are used. This certainly does not help. People continue to read it as girls choosing to have sex with men rather than men preying upon girls who cannot legally consent to sexual activity.

We all know of stories of religious leaders, teachers and family members taking advantage of children, whether by use of force, threat or manipulation. These adults are criminals and need to be held accountable. The children are in need of our support and protection.

As with many other issues, ending grooming, manipulation and sexual violence against girls requires a multi-tier and multi-pronged approach. While some children get the “Good Touch, Bad Touch” lesson early in primary school and some get a version of sexuality education in high school, there is a large gap in time and information between the two.

They are constantly warned about eating too much candy and spending too much time on screens, but what about the predatory behaviour of adults they may already know and trust? They need to be taught to assess situations, determine when an interaction is or is not safe, and how predators may try to get information from them and use it to manipulate them. They need tools to deal with strange situations, not only with strangers or new contacts, but with people familiar to them.

Even when children have the warnings, information and tools to safely respond to situations, it is not a replacement for specific needs that may be met by going a different route. Economic factors often complicate situations for people who cannot see another way. We have seen, over a long period time, but especially following Hurricane Dorian and now during the COVID-19 pandemic, that we do not have a proper social safety net. The assistance available to people who are unemployed or underemployed is not sufficient. People have always struggled to pay rent, keep food in the home and purchase medication. For many, it is now much more difficult.

It is not unusual for the those who have to take advantage of those who need. Financial institutions do it. Businesses do it. Individuals do it. Some of them are able to make it look like they are helping people, but they are usually helping themselves to much more.

When will we create systems to support the people who cannot support themselves? When will we make the changes necessary for a fair distribution of resources? When will we stop blaming people for their own vulnerability?

To end hunger, we have to recognise the need to develop food security, then learn to grow our own food. To prevent the disappearance of this country, we have to acknowledge the issue of climate change, then build, consume, develop, and fund differently. To end sexual violence, we have to — among other actions — actively reject victim blaming, connect the issue to gender inequality, and understand how it is directly related to socioeconomic conditions.

Sexual violence against children, missing girls and sexual harassment are far too common, casually dismissed and, as a result, underreported. It is never caused by “bad” girls or less than constant supervision, but by the attitude that girls are disposable—one area sexual predators and victim-blaming people seem to agree. The safety and protection of girls is on us, from our attitudes to our actions.

Date for the diary

Equality Bahamas is hosting Women’s Wednesdays: Redefining Leadership at 6pm with guest moderator SDG Focal Point, Regional and International Partnerships Aneesah Abdullah. Ms. Abdullah will be in conversation with women leading in various sectors including business and non-governmental organizations about women’s leadership beyond the stereotypical traits and expectations. The conversation will focus on the importance of feminist leadership, what we need from leaders in various sectors, and the value of leaders who are willing and prepared to advance women’s rights in law, policy, and practice. The session will be held on Zoom and streamed at Facebook.com/equality242.

Published in my weekly column in The Tribune on February 3, 2021.

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Religious Leaders Need to Work to End Sexual Violence

Bishop Simeon Hall recently called on the church to take a stance against sexual violence, specifically including acts within families and marriage. He made a distinction between the desire for sex and the attempt to gain power which leads to sexual violence. Hall also correctly made the connection between the dehumanisation of women and failure to see us as valuable people, noting society must value women in order for sexual violence rates to go down.

We need more leaders of the church to not only “boldly decry” sexual violence, but to implement programmes and policies that address the issue and support survivors. Hall encouraged women to report to the police, seek medical care, and take their time to heal. These are all important to hear, particularly for women who have been taught their wellbeing is worth less than the reputation of male relatives.

Many churches have men’s groups and women’s groups. Are they talking about sexual violence, making a distinction between sex and rape, making members aware of available resources, and advising of the support they can expect from the church and its leadership? They need to do all of this, but also to sensitise members to the issue and encourage them to support survivors and refrain from trying to silence them for any reason, biblical or otherwise.

A troubling part of Hall’s statement, however, was his comment about Bahamian women accepting and promoting “a low self-image of themselves and other women”. It is not clear exactly what he meant, but it appears to be a form of victim-blaming — pointing to women’s own behaviour or beliefs as contributing factors.

It is important to understand that nothing women do outside of perpetrating acts of sexual violence is a cause of sexual violence. Self-image could mean appearance in which case I emphatically state that nothing about a woman’s appearance is a cause of rape, whether she looks a certain age, wears a particular outfit, is visibly differently-abled, or seems to earn a low income. There is no such thing as asking for sexual violence.

Self-image could also refer to sense of self including abilities and value. Again, this is not a cause of sexual violence. It is, however, important to separate perceptions of women (including our perceptions of ourselves) from the value of women as human beings and as contributors to family, society, and economy in a system rigged to extract our labour in excessive amounts without appropriate compensation or consideration to the need for change.

Men do not just need to learn to take rejection. They need to respect women and recognise us as human beings. They need to be taught about consent and agency which is our ability to make decisions on our own. It is critical we all understand consent where agreement to participate in a specific activity is given freely and enthusiastically without coaxing and can be withdrawn at any time, whether or not the activity has started.

Some structures function to limit us and force non-consensual activities such as the belief that men are entitled to the bodies of their wives and wives are biblically bound by a one-time consent rule. These cause harm on multiple levels and are contributing factors in the high rate of sexual violence in The Bahamas. People look to the church for direction, and the leadership needs to stand up and provide it in ways that create change.

Published by The Tribune on May 1, 2019.

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Culture Clash: Don’t Be Blind to Cosby

Most of us know Bill Cosby as Heathcliff Huxtable. He is a doctor married to lawyer Clair Huxtable and father of five children. He is a funny, playful character with endearing eccentricity. Everyone loves Cliff, and wishes he could be their father. The Cosby family was aspirational, and The Cosby Show gave us somewhere to be when our own lives, homes and families did not quite manage to bring us joy. Young black people got to see themselves on television in a positive light. Doctors and lawyers, split-level homes, families they could support and the ability to work through anything that came along. Bill Cosby had come to represent all of this. Positive representation of fathers and husbands, visibility of black families, years of family-friendly entertainment and hope for a successful, happy future.

Now we see someone else.

Accusations of rape and other forms of sexual violence against Bill Cosby did not just start in the past few years. This has been happening — and largely ignored — for decades. One of the most recent events was the lawsuit brought by Andrea Constand in 2005 who alleged Cosby had drugged and molested her in 2004. During the process, 12 women made similar allegations and Cosby denied them all. In November 2006, the lawsuit was settled out of court.

In October 2014, the conversation picked up quickly, increasing in volume and reach, after a clip of Hannibal Buress’ stand-up went viral. Buress takes exception to Cosby’s touting of respectability politics. Buress said, “Yeah, but you raped women, Bill Cosby.” Likely due to the wildfire spread of the clip, the Daily Mail ran Barbara Bowman’s rape accusation wherein she called Cosby a monster. From then on, women have been coming forward to share their stories. Cosby’s colleagues have done their best to cast doubt on those claims, swearing his innocence.

Cosby admitted in a 2005 deposition that he put quaaludes in women’s drinks. There is no mystery around the use of drugs and drinks in sexual violence and it corroborates stories that scores of women have shared about their experiences with Bill Cosby. He drugged and raped women. Some remember parts of what happened to them at his hands while others do not.

Last week, Cosby was found guilty of aggravated indecent assault and could face up to ten years in prison. Not yet sentenced, he is free — though confined to his Pennsylvania home — on $1m bail. His legal team is likely to appeal and almost a dozen women have civil suits pending against him. Responses to the verdict vary greatly. Some are celebrating and recognise the #MeToo movement for its role in calling for justice in high-profile cases of sexual violence. Some express their certainty that 60 women lied, and Cosby is innocent. Others pretend to be on a line between the two, claiming they want women to be safe and access just justice, but do not think it is right to send Cosby to jail for a crime white men have committed and evaded prison.

“They are trying to ruin a black man’s legacy,” they say.

“Those women were lying. Their stories are too similar,” they say.

“They definitely lied. Their stories don’t match,” they say.

“Woody Allen and Harvey Weinstein are still free, so why does Cosby go to jail?” they say.

We can talk about race. We can talk about how much the US justice system hates black men. We need to talk about the systems — white supremacist and otherwise — that have allowed white men to terrorise women and never have to face the public disgrace and consequences they deserve. We simply cannot have that conversation as a way of excusing or protecting other criminals. We cannot use that conversation to detract from the ongoing conversation about sexual violence, particularly perpetrated by men in positions of power.

We cannot have a conversation about race at the expense of women. It has always been far too easy to forget the black community includes women.

People look at Bill Cosby through Heathcliff Huxtable-coloured glasses. They see the loving husband and father he played on The Cosby Show. They see the weird sweaters, hear the funny jokes and feel the sparks of hope and pride at seeing a happy black family on television. They confuse the character with the actor — the real person, Bill Cosby. They ignore the power dynamic that emboldened Cosby and allowed him to sexually violate women and get away with it for a long time. They see a cultural icon.

Compare the rhetoric of the pro-black anti-woman rape apologists in support of Cosby with his respectability politics campaign that registered high on the self-hatred scale. He framed the issue of racism in the US as a black people problem — one AfricanAmericans created for themselves and can solve for themselves. How? By wearing their pants differently, of course. By changing the way they speak. By giving their children more Anglo names. A few changes in behaviour would be all it took to end racism forever, right?

If you have never heard Bill Cosby’s speeches denigrating black people — especially young black men and parents — start with the “pound cake” speech he made on the 50th anniversary of the Brown vs Board of Education Supreme Court decision. Apply his logic to his situation. He says a black man did not have to get shot if he did not have pound cake in his hand. He did not have to go through these trials if he did not always have quaaludes in his pocket.

Maybe Cosby only got to court because he is black. Maybe the system is rigged. Maybe there is something to be angry about. If so, we need to carefully think about what should make us angry.

Is it that a black man is charged and convicted of a crime of he committed, or that a white man is not charged and convicted of a crime he committed? Do we want to fight for the freedom of black sexual predators, or do we want to fight for justice to be served, regardless of the identity of the predator? We need to deal with our inability or unwillingness to separate people from their work.

R Kelly is not even a discussion in most spaces. He has been known to violate young women and girls for years. Story after story reveals his predation. We are horrified by the accounts of those who get away, but many of are not bothered enough to stop supporting him.

By now, we should all understand that we do not have to take money out of our pockets for him to make it, but just playing a song on YouTube helps to finance his den where the women are cut off from family and friends, must ask to go to the bathroom, are completely subject to his abuse and control. Does this disgust you? Is it changing the way you consume?

How far have we come since the OJ Simpson trial? Think about all you consider before coming to a decision on high-profile cases. Race, gender, age and popularity tend to heavily impact judgment. There are stories we immediately dismiss and positions we feel obligated to take.

It is not easy to consider multiple identities, but we must. We need to find ways to be honest with ourselves about our own biases, learn to value justice, and resist the call to automatic solidarity. People are not always as they seem. They are not their work and they are not what they pretend to be. We have to look at what they do. When it comes to justice, our favourites cannot be exempt.

 

This was published in The Tribune on May 2, 2018.

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Culture Clash: Consent

I’ve seen and heard about people lamenting the ongoing discussion about women’s human rights specific to our bodies. While it can be exhausting to engage in seemingly endless conversations on a popular topic, or even observe them, it is far worse to be repeatedly violated, taught to accept it, and face attempts to dissuade you from believing your own experience. We have to talk about sexual violence, particularly against women and girls, for many reasons. One of the most obvious is that it continues to happen, disproportionately affecting the most vulnerable among us.

Conversations about sexual violence against women and girls are frustrating. It is emotionally draining for those of us who have experienced it and continue to experience it. There is a burden on us to talk about some of the worst things we have ever gone through, We are expected to participate in story-sharing campaigns, little thought being given to the psychological effects of reliving the trauma, or worrying about who may find out and treat us differently. It makes people uncomfortable — even those who consider themselves “good guys.” The black and white of sexual violence and rape culture scares people to the point that they are desperate to believe and convince others that a gray area exists. There can be no gray area when we are talking about people using their power to exert control over another person’s body. Whatever form it takes, it is a violation without explicit consent.

What is consent?

It’s difficult to address these issues without defining consent. In the simplest of terms, it is permission, a yes, and confirmation of willingness to participate from a person who is over the age of consent, conscious, and sober. Consent cannot be assumed. There can be no guesswork here. Certainty is a must, and that can only exist when an option has been offered, and the other person has been given the opportunity to accept or decline on their own terms. Silence does not count; consent has to be explicit.

Once you have consent, know that it is for the activity and time agreed upon, and remember that consent can end. It is not granted forever, and people can change their minds. You need continuous consent. It is possible to consent to something, start an activity, then decide not to continue. You may not like it if someone does this, but consent is mandatory so you need to accept it.

What isn’t consent?

Consent for one thing does not mean consent for another. You may think one activity “naturally” leads to another, but you need to check in with the person to see if they want to move on to something else. Consenting to kissing is not the same as consenting to kissing followed by digital penetration. Be honest about what you want to do, and respect the person’s right to decide whether or not they want to participate.

It is important that consent is recognized as a necessary step that protects all participants. It is not difficult, and it is not a hurdle. It is not a contest or a conquest. Coercion voids consent. No is no, and no amount of bullying, begging, or wearing down will turn that a no into an enthusiastic, continuous yes. Doing any of these things takes away the person’s choice, and creates a situation where the only answer is yes, and that is not consent. It is a violation on its own.

What is sexual violence?

Sexual violence is a term to describe sexual acts against someone who has not given consent. It’s a spectrum with harassment toward one end and rape at the other. Many people find it difficult to see sexual harassment and rape in the same category, largely because harassment is considered harmless. Street harassment, for example, has been so normalized that some refuse to acknowledge its affects on those experiencing it. An unwanted interaction can begin verbally, and has the potential to escalate to following or physical assault, regardless of the initial response.

Like rape, harassment and every other form of sexual violence is about power — not sex. Conversations about sexual violence are most often derailed by perpetuators of rape culture. These are people who believe the victim is somehow always at fault. They use respectability politics in attempts to put women and girls in our place, and hypermasculinity to excuse men and boys for unacceptable, predatory, criminal behavior. At Hollaback! — a movement formed to end street harassment — we challenge people to think about what could happen in the dark if we excuse harassment as appropriate behavior. Events like Junkanoo and Carnival give us an idea.

Law Enforcement Says

In December 2017, the Royal Bahamas Police Force (RBPF) foolishly made a victim-blaming post, warning women to “dress appropriately” to avoid sexual violence at Junkanoo. After significant backlash, the post was deleted. Unfortunately, some saw fit to defend the RBPF, suggesting that sexual violence is a response to certain styles of dress. This, of course, is incorrect, victim-blaming, and suggests the inferiority of the men and boys through perpetuation of the idea that they have no self-control.

Earlier this month, Trinidad & Tobago police took a different approach. Carnival quickly approaching, they advised the public that wining on someone without consent could be considered assault. Rather than addressing women and attempting to restrict their movement or choice of dress, they spoke directly to potential perpetrators. While this was lauded by women’s rights organizations and activists, some took exception the message. In particular, soca artist Machel Montano told a crowd to ignore the police advisory and “find somebody to jam.” In response, Police Public Information Officer ASP Michael Jackman said, “I want to make this clear that is important to respect any female’s right to say no to any physical touching in or outside the Carnival season, and that is the position of the TTPS.”

The police in Trinidad & Tobago clearly have a better understanding of the right to body autonomy, the mandatory nature of consent, and the appropriate group of people to address about sexual violence.

A (Trinidad & Tobago) “wining etiquette” flowchart has been circulating over the past few days. It is meant to make men think about their relationships with the women they want to “jam” on. Yuh know she? How yuh know she? Based on answers to these basic questions, it advises on how to approach her, whether, usually beginning with a face-to-face interaction. It ends with either “Gih she wuk!” or “Cease & desist.”

One part of the flowchart brings the marital rape debate to mind. From the “How yuh know she?” question, if the person chooses “We currently romantically involved,” the result is “Gih she wuk!” This suggests a romantic relationship gives a man access to a woman’s body, as though consent is automatic and perpetual (or lasts as long as the relationship). How is this different from Bahamian legislation where the definition of rape excludes the married rapist and victim? We still have work to do. All of us need to understand that people are not objects, relationships do not give us ownership, and consent is always mandatory. Whether it’s a wine/wuk/dance or a sexual activity, it is necessary to ask. Otherwise, your actions could be on the spectrum of sexual violence. You’re a nice guy? Great. Respect the other person. Ask for consent.

Published in The Tribune on January 24, 2018.

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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

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