Marital rape becomes sticky point in Sexual Offences Act amendments

marital-rapeThe issue of rape in marriage has become a sticky point in the House of Assembly as parliamentarians debate amendments to be made to the Sexual Offenses Act.

According to the amendments, a perpetrator in marital rape could face 14 years behind bars.

The matter is still before the House and it appears there is general agreement that rape in marriage is wrong. However, opposition members have raised concerns that after legitimate sex, new circumstances could lead a partner to allege rape and this should be addressed in the amendments.

MP for Roseau Central, Joseph Isaac, argued that new circumstances such as grudge, a hurt or a frivolous complaint based, for example, on infidelity, could lead one partner to allege a charge of rape after legitimate sex.

“What are we saying in this Honorable House about that section, should we consider that withstanding there is the statute of limitation, should we put a section where we can safeguard that area,” he suggested. “So I am saying that since we are here in the House, talking about amendments, and we have not amended yet, let us consider that section. I feel strongly about that section because we don’t want to legislate a problem, we want to ensure that we have some safeguards.”

Foreign Minister, Francine Baron, agreed with Isaac that partners could allege rape after legitimate sex, saying there is no simple answer, but pointed out that “it is possible that there is a threshold that needs to be met.”

“You would have to show, as the legislation seeks to, that there was a situation where force or drugs were used to achieve submission,” she noted. “So there is a threshold that has to be established and it has to be met, which will happen in the court system in any event. You will have to provide sufficient evidence for the court to make a determination, one way or the other. Because such a possibility exists, can we say we should not provide the protection because such a possibility could exist? One needs to provide that protection for either a man or a woman who is abused to be able to have the court to resort, notwithstanding, whether or not they are in a relationship.”

Meanwhile, MP for Paix Bouche, Rosyln Paul, told the House that marriage is based on love and respect and rape cannot be seen as an extension of love. She argued that human rights exist in marriage and marriage is not an excuse to violate them.

“It has been proven by experts that rape is usually viewed as a form of control, as a form of power as a form of punishment as a form of revenge,” she remarked. “It is also a health issue. What if you are aware that this person is sick, carries an STD (Sexually Transmitted Disease) and it is transmitted to you. What if you are not well yourself as the wife and it happens, there have been reports where the wife did not feel comfortable while she has her period to have sex, you still have a right. There have been reports where the wife or husband would claim they are not well, the spouse would claim they are not well, does it means that you cannot say no? So marriage does not give the excuse to violate the human rights.”

Debate on the matter continues in the House this afternoon.

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49 Comments

  1. Coco killer
    October 25, 2016

    I thought when you married you can kill your wife with shaft while she kills you with tightness

  2. October 25, 2016

    All sexual intercourse outside marriage is a sin the Bible calls fornication which means illicit sex. This is forbidden in 1 Corinthians 6:9,10, and also 1 Corinthians 6:18. Obviously this includes rape.

    Because rape is non-consensual it is a more serious form of fornication – one that places another person at a disadvantage and at risk of harm – it is forbidden by law and so it should be.

    For a man to rape his wife should be illegal. There are reasons why a married woman may not want to have sexual intercourse with her husband at a particular time. She should have a right to say “no” when she has what she believes is a proper reason.

    As a Pastoral Counselor I must include this.

    Without a proper reason (reason as in reasonable) a wife is not to refuse her husband’s advances. This also applies vice-versa. A husband is not to refused his wife’s desire without a proper reason.

    • October 25, 2016

      Continuation:

      Sickness is an example of a proper reason a wife may have for not consenting to have sex with her husband. No husband who loves his wife as he ought (See Ephesians 5:25) is going to force sexual activity
      upon her when she is physically ill and suffering, or when it would be uncomfortable. There are other valid reasons for declining.

      Christians want their lives to be guided by the Word of God (the Bible) and this includes their marriages.
      The passage of Scripture we look to in this particular matter in 1 Corinthians 7:3-5. I invite you to read it.

      However, the failure of a wife, and her unwillingness to submit without a valid reason still does not give her husband the right to force himself upon her. However if a case like this goes to court we hope the judge would have the sense to respect the marriage and act in its best interest even if the husband has not done so. He should help them get into marriage counselling.”

      Sincerely, Rev. Donald Hill.

    • kisses
      October 26, 2016

      one thing u doesn’t miss nothing nuh

  3. Righteous
    October 25, 2016

    Webster defines rape as the “unlawful sexual activity and usually sexual intercourse carried out forcibly or under threat of injury against the will usually of a female or with a person who is beneath a certain age or incapable of valid consent.” Saying “I do” is not a blanket consent till death do us part. “Till death do us part” is an agreement of the union. Becoming a wife does not trump the fact that you are a woman. There may definitley be instances in a good marriage where a wife/husband can at a particular time, day, date, not want the affection, love/sex of a spouse. If that spouse fail to recognised the wishes of his/her partner and forcibly have sexual intercourse against the wishes of the spouse then it is RAPE. Someone mentioned that there are instances where spouses can’t be forced to testify against each other, the case of rape is not such case especially when it is one against the other. Prosecuting such cases will be a challenge. A man can rape his…

    • no justice, no peace
      October 25, 2016

      There is nothing like unlawful sex in marriage , and this issue is a skim from skeritt government,A very deceitful one , Just thet they do not put the laws in place for child molestation , they mingled it with that rape in marriage thing ,, They know that this issue will be debated for years ,and this laws will never get passed , not under them, Too many questions to be answered, People , open your eyes , Smell the cofee, for a double minded man is unstable in all his ways

  4. Marital Rape is a Weapon
    October 25, 2016

    Last week, a friend of mine living in England refused to pay for his wife’s third trip this year (without him) to a luxury spa in Marbella, Spain. The trip would have cost him £6500.

    He was arrested by the police this week on multiple charges of domestic rape.

    His insists that that the timing of her complaints is just a coincidence.

    • October 25, 2016

      I would have a bigger problem than the cost when it comes to this man’s wife wanting to go so often to a luxury spa in Spain.

      With a husband like that it doesn’t sound like she would need a spa. :lol:

      Also I find myself wondering why she waited so long to lay against him “multiple charges of domestic rape”. Did she decide to do his after he refused to pay for her third trip to Spain? “Multiple” charges?
      Excuse me, but how often did he have to do it before she called it “rape” and charged him?

      It is hard to imagine a British judge not seeing through such nonsense!

      Sincerely, Rev. Donald Hill (Pastoral Counselor Certificate)

    • Tell the Truth
      October 25, 2016

      He can fight it out in court and then sue the wife for fabrication of lies.
      If I am not mistaken there are different types of rape; not necessarily sexual rape.
      Three trips this year without him? It appears they have money. Something is radically wrong with the wife and something is wrong with that marriage. She prefers traveling without her husband and has fun without him. She probably has an admirer/lover in Spain.
      This couple need counseling or should separate and divorce. It may be out of the question since he would have to pay her an exorbitant sum. Some wives could take advantage of their husbands. They use it as a weapon against them.
      This marriage does not appear to be a happy one. After some years they lose interest. The man should give her a surprise, shock her and file for separation/divorce.
      Just heard on the US Catholic Network, “Marriage without Christ has little chance of succeeding.” Excellent, sensible and godly point.

      • October 26, 2016

        Tell the Truth:

        Love your comment! Wisdom and common sense!

        From Catholic Radio: “Marriage without Christ has little chance of success.” If only we could get this message out to the world. If only they would act upon it by getting Christ first into their hearts and then into their marriages.

        My wife and I have celebrated 50 years of marriage plus another three years. We have tried to keep Christ in the center of it all. To God be ALL the glory!

        Sincerely, Rev. Donald Hill.

        Sincerely, Rev. Donald Hill.

  5. mine
    October 25, 2016

    Its not a bad idea not because you are someone’s wife they can force themselves on you when you say no, no is no. Frankly speaking alots of wives are being raped by their husband and stay silence because of what soceity will say about them, but some woman can be very mean to use this on thier husband too,

  6. D.A to backward
    October 25, 2016

    Not even men alone!
    Its been 1 year year and my husband had sex with me only 3 times.. because i beg!!
    Seriously i am not going to “force it”
    Thats just how CHEATING STARTS

    • Tell the Truth
      October 25, 2016

      I feel sorry for you. He is not performing his marital duty; may have a lover on the side.
      There are some who drink and also gamble. These are hindrances to a happy marriage and sexually.
      This usually happens with some men. If you can stamina such a marriage, you must be a strong and patient woman. I hope you are praying to God to help you withstand such a marriage and to also live peacefully.
      One thing, God does not want people to be unhappy. He would like all marriages to work. This is why some seek counseling (if possible) to try and save it and live happily
      Do what you think is best for you but always with the help of God.
      I wish you God’s blessing and peace.

    • kisses
      October 26, 2016

      hmmmph

  7. Woman
    October 25, 2016

    Have spouses sign a consent form each time they going to have sex as a means of protection against accusation of rape. This is just shows how ridiculous the various scenarios can get.

  8. October 24, 2016

    There is a need for Wisdom in dealing with this Act. While the Intention is good , much evil can still come out of the best of intentions .

  9. Just Passing Through
    October 24, 2016

    I am viewing the proceedings and all I can see are three members of the opposition giving good contribution.

    The Leader of the Opposition, he will not apologize and remains out instead of being in the House like a defiant one. The business of the House with so many important Bills, seem unimportant to him.

    We saw Leadership at its best again when we witness and taking all of us by surprise when the PM asked the Speaker that the Motion of non-Confidence against him be given top priority and brought up first thing so this working government can continue to do the work the people elected them to do uninterrupted. That was a brilliant move. Too many important Bills needed to go before the House to have that motion lingering there.

    Can you imagine if the PM were to hold parliament once a month as was suggested by the Opposition Leader some time ago? He can hardly sit through all of one sitting.

    • Tell the Truth
      October 25, 2016

      Once a month? Only in Dominica you say? What would he be doing for the other weeks?

  10. Useful key
    October 24, 2016

    People don’t have to be married to allege rape so I don’t get their point.

    • October 25, 2016

      The point is ;it is not because someone is married to you ;you have the right to have sex with them when ever the husband or the wife wishes and what ever time they want to.I do not want to have sex with you either today ,tomorrow or never in life.If you oblige someone to then it is also rape..

      • Tell the Truth
        October 25, 2016

        For some of them it is only a personal satisfaction. This feeling is not lasting. This is why some of them are so disrespectful, crude, rude and inconsiderate to their wives. It is not love.

  11. Just Passing Through
    October 24, 2016

    Good BILL. I commend the government for the courage to propose this important BILL in Parliament. A Spouse is not the possession of the other Spouse but an equal partners to be respected and treated as an equal. Taking advantage of your spouse in any way is a breakdown of that union. This days are long gone where the man or woman were to abuse their spouse and there are many form of abuse in a marriage. So I applaud parliament fot passing this piece of Legislation.

  12. jonathan st jean
    October 24, 2016

    For every action taken there is an equal and opposite reaction,therefore government should not rush this piece of legislation in an emotionally charged way.There will require changes to other existing laws.Prostitution should be abolished because men will need to go elsewhere to have their needs satisfied,infidelity as grounds for divorce should be done away with because men will be forced to go outside the marriage.Men will now have to video tape their encounters with their spouses as proof of what goes on in the marriage.Women should have to provide proof of rape,and not just cry out the word before the courts.This will lead to the marriage vow being broken down easily therefore we will become a post Christian society,therefore I hope the churches are studying this and advising their parliamentary representatives accordingly.The end result will be a more willing acceptance of homosexuality and the breakdown of the societal norms as we knew them.Be careful

  13. LifeandDeath
    October 24, 2016

    Btw, is government planning on legislation for sexual neglect in marriage?..Let’s say at least once a week under normal circumstances, because some partners tend to use sex as a bargaining chip..

    The point is Government should leave this alone..Legislation is not required for such relations, give people counselling instead..teach young people their primary and supporting gender roles in relationships..teach them to communicate, teach them to deal with internal conflicts..offer them money management seminars, budgeting etc..
    Those are the areas where relationship problems stem from and Laws can’t fix that effectively..clearly if a Man feels he has to rape his Wife or vice versa, something is wrong..If Wifey say no, negotiate, find out why and make improvements, if things aren’t improving get help..Forget about Court in people private business..

    • October 25, 2016

      Rape is obviously a legal matter. It can be dealt with in court.

      However, if it was a one time event the husband should be truly sorry and sincerely say so. His wife should forgive him. She should also examine her feelings for her husband. They should talk and she should be willing to acknowledge her part in what happened. If she shared in the guilt she should also apologize.

      A married couple who love each other are able to work out problems between them if they allow their lives to be guided by the Word of God. For Christians it is “a lamp to our feet, and a light to our path” according to Psalms 119:105. Christians know they are not supposed to take another believer to court and the same scripture that tells us this gives us an alternative! This is found in 1 Corinthians 6:1-6.

      Sincerely, Rev. Donald Hill.

  14. LifeandDeath
    October 24, 2016

    This is a clear example why the Government should not feel obligated to legislate everything. Rape is already legislated for. Why the distinction about within Marriage..Rape is Rape in and out of marriage..Stop wasting time on that. Neither Women or Men need legislation to tell them they’ve been raped..Isaac making an important point, We may be Legislating a problem.

    Focus on the Marijuana Bill instead..Institute Marijuana Tourism, gain that competitive advantage and boost the foreign exchange gains..
    Even England considering repealing the law against Incest between consenting Adults. If it happens between an Adult and a Minor the Charge will be Rape etc..
    Governments are not required to legislate for everything, some turn out to be a big waste of time and money and creates unnecessary problems..

    • Tell the Truth
      October 25, 2016

      You know, the husbands will say, she is my wife. I have a right. Therefore legislation is necessary to curb this sexual abuse in marriage. Most women have suffered too much.

  15. Real Deal
    October 24, 2016

    There are places a wife can choose to not testify against her husband on vice versa casur when u get married the two become one. The bank account becomes one the home becomes. I thought u became one in body mind and soul a working unit. So y would a wife or a husband straight out deny their other half sex to the point where it has to be forced. I think its ridiculous. Granted their abusive people in which case a separation or divorce is the course to take that law will ultimately lead to issues

    • Dominican
      October 25, 2016

      So he can murder her and we will call it suicide? Since the two becomes one? The two becomes one does not mean a husband can commit a crime against the wife and rape is a crime.

    • Tell the Truth
      October 25, 2016

      You should know it may not apply to every married couple. Some couples have an excellent marriage and they have no problem with that. However, there are some marriages which do not have this marital happiness. There could be selfishness in it and on one side. Legislation will help.

  16. Roger Burnett
    October 24, 2016

    Married or single, these are the problems that arise when lust, rather than love, is the core factor in a relationship.

  17. OLI
    October 24, 2016

    The Paix Bouche MP made a very valid point – “that marriage is based on love and respect and rape cannot be seen as an extension of love. …….that human rights exist in marriage and marriage is not an excuse to violate them.”

    Rape in NOT ACCEPTABLE, whether it’s done to a married person or single person.

    Just think…………If a man can rape his wife, who else he will not rape?

    • jonathan st jean
      October 24, 2016

      There already exists legislation on the books against rape,period.Why then do we need to interfere with the sanctity of marriage.It’s a slippery slope,be very careful

      • Tell the Truth
        October 25, 2016

        You should know the rape you refer to which is on the books does not pertain to nor include married couples.

  18. zaga zaw
    October 24, 2016

    this is a rather interesting piece of legislation as we see the devil is at work ….. how can one steal from themselves two becomes one in marriage somebody please explain how can you steal what is yours …… on the other hand let be careful making provision for those who try to falsely accuse their partner because they may have an external relationship, i say they too should face up to fourteen years in prison for false accusation in that way the law will be more balance…………….

    • Tell the Truth
      October 25, 2016

      How many married people feel they became one or are one? It could have been from the beginning but not as the years progressed.
      Since you have a problem comprehending this discussion and legislation, my advice to you is to pray to God for enlightenment.

  19. truth
    October 24, 2016

    Roselene [ go read your bible and you will see the reasons GOd gave why a wife ,I MEAN Wife should say no, and these only, Nothing should be added ,and nothing taken off, ,This thing is nothing but a plot by your government to undermind the marriages and the homes,
    You all have destroyed the bread winner which is the man ,left him handicap , He now cannot provide for his family as he did before, so you tell his wife and children ,come to the minister , Not even wealfare, ,To the minister , so now his hand is broken ,The wife do not feel obligated to give him sex , you now telling her , If he touches you ,Take him to court for rape, SOOOOOOOOOOO EVIL, and deceitful , But you and your government will pay, For GOd clearly said in his word , When a man and a woman marries , the man body is no more his , but the woman’s , And the woma body is no more hers , but the man’s , Roselene, Can you still what is yours? GOD will respond to you all in due time,

    • OLI
      October 25, 2016

      Are you trying to justify RAPE within the marrriage?

  20. Arte El Labore
    October 24, 2016

    Parliamentarians must be careful they don’t open a can of worms, England try it in the 8os that did not work because we are leaving in a dirty and nasty world now if a woman wanted to get rid of her partner all she could do is to have sex with her husband or boyfriend then call out rape, easy as that.

    • Tell the Truth
      October 24, 2016

      Canada has this Law for some years. It is working. Once the Law was passed eventually people got accustomed to it. Some partners may not need that Law. It will be there as protection for both. You know, in the event.
      I do not see why it could not work in England. From what you stated, there are some vicious people who will get back at their spouses. Did they not know how to separate?

  21. zandoli
    October 24, 2016

    That is what the courts would have to decide. One should not be able to hide behind a shield of marriage to think they can abuse their spouses, be it physical assault or sexual assault.

  22. Vaffanculo_PM
    October 24, 2016

    I NOT marrying

    • Tell the Truth
      October 24, 2016

      It does not pertain only to married couples. It pertains to men and women, spouses, girlfriends and boyfriends, whether cohabiting or not. Single couples will not be exonerated. What is good for the goose is good for the gander.
      It will also apply to, if a man rapes a woman or a minor. You should realize there will be different sections of this Law.

  23. ??
    October 24, 2016

    I support that bill 100% especially as it covers all genders. Rape is rape regardless of one being in a relationship or not. My question is, are there provisions for spouses who deliberately attempt to use the law as a form of retribution against his/her spouse? If not, there should be a hefty fine and/or jail time for any false accusation. The law is there to protect us all, especially our woman who has been suffering for too long under their so called spouses.

    • truth
      October 24, 2016

      you only support that bill because you do not believe in the bible ,which is GOD’s word

    • October 24, 2016

      As a women spouses are in the same position so don’t forget that. The law must be administered equally

  24. Bumbble Lee
    October 24, 2016

    Why refuse de WOULD when you have already signed up to take it and said “I DO?” Give de man neem ting!!! Dis way him not get in a rage and bite it!!!

    • Visceraangel
      October 24, 2016

      English please.

    • kisses
      October 26, 2016

      ?

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