Published On:Friday, September 04, 2009
"A Just law is a man's code that squares itself with the moral law or the law of God". Any law implemented in the Bahamas that violates moral laws or laws set by God can create illogical, capricious, and arbitrary arguments that can undermine and lead to further deterioration of existing marriages. This would ultimately destroy families, which is the bedrock of society. If we destroy the family, society will experience utter chaos.
"AND WHEREAS the People of this Family of Islands recognising that the preservation of their Freedom will be guaranteed by a national commitment to Self-discipline, Industry, Loyalty, Unity and an abiding respect for Christian values and the Rule of Law."
- Excerpt from the Preamble to the Bahamian Constitution.
Emphasis is placed on Christian values and the rule of law. The Bahamas Christian Council's earlier statement on this amendment indicated a general agreement but with caution for more time for review and discussion. In our discourse with many heads of Churches most believe that the marital rape law can have far reaching consequences. As stated by one of our local pastors, "Marital rape is very intricate, and a multi-dimensional subject that has the potential of leveling far-reaching and cross-generational affects on any western society built on Judaic-Christian principles. The impact and implications of such a law would be incalculable".
The council denounces all acts of rape. Rape is cruel, brutal, heartless, atrocious, appalling and callous. Rape is absolutely unacceptable and should not be tolerated or allowed amongst members of the Bahamian or any other civil society inside or outside the marriage bonds or any other relationship.
Some heads of churches have expressed several concerns, among which are:
1. Will the institution of marriage be preserved?
2. What are the unintended consequences of any amendment as it relates to the rights of both parties being protected?
3. Will the amendment not be used as a means of spite or the excuse to end marital relationship differences?
4. Will the proper checks and balances be put in place to ensure that unfounded claims are not made?
5. Will those investigating these matters be given clear written protocols and would they be mature, confidential persons?
6. Is the amendment being considered within the context of the other family related laws to ensure that the potential for conflict is minimised?
7. Will government revisit the development of a "family life" curriculum to be taught as a core subject in each school?
8. How far should the government be going with things that are sacred and intimate?
The council fully agrees that we must protect the rights of all in our society. But we cannot be too careful to protect persons whose rights may have been violated by implementing laws that have the potential and provide opportunity for the malignant, the evil, the whoremongers and the spiteful persons who are looking for ways to get back at someone, because of some unfortunate circumstance.
More so, modern cars come with inbuilt protection mechanisms called air bags. The engineers and the manufacturers agreed on such apparatus for protection of the proposed passengers with the intent to reduce the number of fatalities. Therefore they provided this feature for protection, called the air bag.
There is only one Book that seeks men and women's highest good and protection. That Book places emphasis on Righteousness. Righteousness is an attribute of the Creator's moral nature, and by the power of His nature He has erected and established a moral Universe. The arrangement of the cosmological and the physiological composition provides for humanity, stability and safety through integrity and that by consistent fixed laws.
We are further taught that man has no righteousness of his own. "There is none righteous, no not one," Rom 3: 10. Jesus, who has become our righteousness, forgives all of humanity. Therefore all human beings who denounce his or her sins are forgiven. Therefore justice equals righteousness. And righteousness equals justice. Justice is an expression for reconciliation. Therefore if the wife or the husband is willing to forgive each other, there should be some time given for this possibility.
Subsequently this should be accompanied with a remorseful, regretful and apologetic heart. In the attempt to address the existing problems this should be encouraged and accepted. However this should only be done if both parties approve such an act.
Reconciliatory Steps That Should Also Be Considered
In relation to the development of the modern Bahamas, like every growing democracy, as its people develop, various philosophies increase that bring to bear many challenges to both husbands and wives.
These include socioeconomic and emotional pressures; which for the most part show up in the family which is the bedrock and the strength of our society.
Therefore laws being implemented should seek to encourage, strengthen, build and create a better understanding within the family unit, hence providing for a wholesome society.
God in His sovereignty and in His plan of redemption wishes to limit the spiritual, moral and social erosion and fall out that comes from man's fallen and impulsive desires. God humbled himself and became a man, taking on the weakness and suffering for man and providing a perfect example of forgiveness and reconciliation. This He intends to be exercised within the marital bond. His intention is to preserve the family and nations of the world by limiting the destructive activities and offences.
Marriage is Sacred and a Picture of Christ and the Church
Matt 19:6 Wherefore they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder.
1 Cor 7:3 - 4 The husband should give to his wife her conjugal rights, and likewise the wife to her husband. For the wife does not have authority over her own body, but the husband does. Likewise the husband does not have authority over his own body, but the wife does.
Eph 5:32 This is a great mystery: but I speak concerning Christ and the church.
Heb 13:4 Marriage is honourable in all, and the bed undefiled: but whoremongers and adulterers God
will judge.
In relation to the Scripture the whole premise of marriage is a picture of Christ and the Church. We must therefore do all in our power to convey the ultimate picture of Unconditional Love. The second is to uphold the liberty and beauty of marriage with moral obligation and the privileges of sexual and emotional satisfaction that comes within the marital relationship. Thirdly this is for the health and welfare of the family and society.
We are creatures of seasons and both husband and wife as they face different seasons in life may see things differently, hence there are possibilities of misunderstandings that can lead to frictions for a season.
However in 1 Cor 7:3-4 as quoted above, this passage tells us that in marriage the husband and wife are to give conjugal rights to one another. By this it means that when a man and woman marry, each acquires from the other "conjugal rights," meaning the mutual rights of companionship, aid, and sexual relations. Therefore, as it relates to sexual relations, by virtue of getting married, a man and a woman give upfront, implicit, open-ended sexual consent to each other on the day of their marriage for the duration of their marriage. If one party to the marriage wishes to revoke their implicit sexual consent, he or she can apply to the court for some kind of order of protection, separation, or dissolution of the marriage. However, until such time, implied sexual consent arising from the marriage contract continues.
However the definition of sexual intercourse in the Act, especially the last part, reads: "and any reference in this Act to the act of having sexual intercourse includes a reference to any stage or continuation of that act." This last part of the definition of sexual intercourse means that, when taken together with the definition of rape, consent to sexual intercourse between two persons who are not married to each other is NOT absolute; it is subject to withdrawal at a moment's notice, meaning, for example, that at any stage or point in any act of sexual intercourse, from the moment of contact up to the split second before climax, a woman who initially gave consent can withdraw her consent and tell the man to stop. If he does not, he commits the offence of rape. That's the way the law currently operates between two persons who are not married to each other.
Such a law is appropriate to govern sexual intercourse between two persons who are not married to each other because, unlike married people, they have no contract that implies open-ended sexual consent; therefore specific moment by moment consent is required between them. But can it be right to bring married people under such a law designed for unmarried people? We strongly disagree. It is not right, and it can never be right to bring all married couples under this definition of rape whereby moment by moment consent is required for every stage of every act of sexual intercourse. Therefore, even if this amendment passes into law, while it might be legal, it will be wrong. And it will be tragically wrong because it would be disregarding the marriage covenant and contract between a man and woman when, on the day of their marriage, in the sight of God and in the company of witnesses, they pledged to give themselves to each other in holy matrimony and thereby gave each other upfront, implicit, open ended sexual consent.
In Summary
In response to the various issues noted above and concerns raised it is recommended that the following steps be taken by the government:
1. The words "who is not his spouse" should not be deleted from the definition of rape, thereby leaving it as is and allowing rape to only be possible between two persons who are not married to each other.
2. Section 15 should not be repealed. Instead, it should be amended to change the name of the offence of forcing sexual intercourse on an estranged spouse to something like "spousal abuse" or "aggravated spousal abuse." The proposed amendment is noted as actually taking away from the existing protection provided by the Act.
3. Pass a new amendment that makes forced sexual intercourse in marriage a crime which can only be prosecuted in cases of provable force and harm, thereby barring trivial and other allegations that cannot be proven. The basic form of the offence should be called a term similar to "spousal abuse" and severe forms called "aggravated spousal abuse." This new amendment should require the Attorney General's consent to charge in cases where the accused person is under 21 years of age.
4. Additionally if a spouse is convicted of violence which led to rape within the marital bonds, there should be mandatory rehabilitative steps prior to any form of incarceration. Should there be subsequent abuses leading to rape of a spouse then the full strength of the Law should be applied, that is imprisonment et cetera.
Perhaps in this regard the government and the church should seek to partner along with other social agencies to ensure that we have qualified, trained and professional persons and personnel to provide appropriate rehabilitative centres to facilitate such a growing concern within our society.
On Behalf of the Bahamas Christian Council
Rev Patrick Paul
President[September 04, 2009]
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