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Here is another interest “agree to disagree” topic, brought about by the Speaker of the House Alix Boyd-Knight - a strong advocate against domestic violence towards women.
The speaker is of the view that if a man has sex with his wife without her consent it should be considered rape.
Boyd-knight is asking that the Sexual Offenses Act by reviewed by parliament - because in 2008 Dominican married woman are still being treated as “chattel.”
The Sexual Offenses Act Laws of Dominica under rape (chapter 10; Article 49) states that “any person who is convicted of the crime of rape is liable to imprisonment for ten years.”
I’m curious to hear your comments on whether or not rape within marriage should be considered a criminal act? Share your opinions in the comments.
———–My Personal Note———–
I believe there are times where the Speaker of the House can be a bit impartial, but this time I’ve to agree with her. There are too many cases where a lot of men in Dominica believe that once a woman say “I Do” – she have given up all her rights as a human being. There is no logically reason why a man should force him on any woman, or even worse his wife.
Most of the world do not consider spousal rape as criminal. I say spousal rape as we often forget that a man can be raped to! Sometimes she just got to have it, and he may not.
The United Nations High Commissioner for Human Rights published the Declaration on the Elimination of Violence against Women in 1993. This establishes marital rape as a human rights violation. This has not been fully recognized by all UN member states. As of 2006 only 104 countries had signed up. I am not absolutely sure if Dominica has signed or not, but in general practically all of South America and the Caribean have not. Even in the US, not all states have jumped on board on criminalizing spousal rape.
So yes, we have to refresh our concept of spousal rape and how punishable it is. Dominica does not have to wait on other countries jumping on board. Suppose Dominica goes ahead with that, what’s a reasonable punishment? Is 10 years too much? Should it be consider a lesser rape crime than other forms? What about common law relationships? Shouldn’t they be treated similarly to married relationships as far as rape goes?What can we learn from the bible? Since many of our laws have a religious basis, do we take any cues from that? I am not religious but I saw this quote from St. Paul’s teaching, “Let the husband render to his wife the affection due her, and likewise also the wife to her husband. The wife does not have authority over her own body, but the husband does. And likewise the husband does not have authority over his own body, but the wife does. Do not deprive one another except with consent for a time, that you may give yourselves to fasting and prayer; and come together again so that Satan does not tempt you because of your lack of self-control.” (1 Corinthians 7:3-5, NKJV). I know some respondents will talk about separation of state from religion, but thats another issue.
In concluding, its fair to say that there are many men who get away with spousal rape in the Caribbean. We need to, in general, seek to protect and maintain rights and opportunities for women. I think its worth considering revising the law. But we should not look at it as a man against woman thing.
In opening another discussion topic, what about stautory rape? When last has anyone been prosecuted for having sex with an underage person (again, male or female)? Should that be given more attention in Dominica too? This law is on the books too…Its all well and good to implement laws but there must be the mechanism for enforcement.
On last point. I hope we can also have more consideration for victims in Dominica. I think too often, we do not consider privacy rights. Children are not protected as witnesses or victims. Too often people are quick to post names and pictures. And in the small Dominican society, this can be very damaging..How does a wife feel comfortable testifying in court in Dominica if the laws are passed? I support new laws as discussed, but I am very concerned about the support system on the island.
Pete,
Although some of your comments seem logical…you really DO need to separate church and state. It certainly does not belong in government. Not everyone believes in the same thing when it comes to religion. But I think what everyone can believe in, is ending violence against women. Rape of any kind is wrong… whether you are married, single, gay or straight. But lets be honest here; 98% of the time it is some man violating a woman. There are those rare cases where it is the other way around, but they are few and far between. In society, men rape. They are the most pathetic of men who’s self esteem is so low, they feel they have to overpower another person (usually female) in order to feel better about themselves. Rape has nothing to do with sex, lets get that straight. It is all about power.
If you read the local newspaper in Antigua (the Antigua Sun) you will see the articles from last week talking about the same issues. It’s time for women everywhere to stand up and fight back!! Collectively they have so much power…and individually they can certainly take large steps forward to end the violence. Unfortunately in this world, rape happens everywhere…in every country large or small. It will only end when the mothers, sisters, aunts and women everwhere decide to fight back. Girls, tell these pathetic pigs that enough is enough!
Sam,
I agree with your comments totally. I was just being devils advocate a little along the way, knowing how the practitioners think. I am also concerned about having laws on the books that are not effected for one reason or other. I concluded above that I support any new laws criminalizing spousal rape.
pete
This subject is a very difficult one. The reality of life is that women AND men in marriage do experience rape. It may be more apparent with women as men use their strength etc. to force themselves, but either way it happens.
Why it is so controversial when it comes to legalization (in my humble opinion) is how do u prove it in a court of law? you have to go into the nature of a couple’s sex life, some may like it rougher than others, etc. etc. Religion comes into play as well.
Regardless, protection is necessary, and even if it can’t be in law books there should be means to helping individuals suffering from spousal rape. There has to be a way to get out of the situation.
It’s hard though, because so many people believe that it is a wife or husband’s obligation to satisfy their partners sexual needs that the emotional damage rape causes goes unchecked. It takes education & knowing your worth and rights as a human being….knowing that you have the right to say no even in marriage or that no one has the right to take “it” from you.
Very well commented on all the above…I don’t think I need add more…No is NO!!
When a man and woman have agreed to get married, it is not merely defined simply as an agreement. It is a moral and spiritual act as well. The act is also seen in many cultures as a permanent social fixture with many guidelines and portrayals to follow.
This is why marriage is be to taken very seriously and divorce is frowned upon, because people don’t truly understand the capacity in which they should live in when it comes to society and unto themselves. It is giving yourself to one another in every way, which is also the corner stone upon which marriage works, compromising and hard work to ensure longevity and happiness.
To now say that that unwanted sex is RAPE is absolutely ludicrous, you are now seeking to set a double standard within marriage and divorce.
If a marriage isn’t working out simply get a divorce its is the sole purpose of getting satisfaction for one’s self when he/she is no longer in a fulfilling relationship.
By saying RAPE, one is trying to define marriage and lower its value from a moral and spiritual level between two consenting soles into an something that functions within academic reasons and parameters. Last I check the is no real explanation for LOVE which is why most people get married in the first place and why some fathers’ never understand their daughters taste………..
We must first understand the true meaning of marriage not try to dissect it academically, in the end society may not always be able to cater for everyone’s mistakes, for those who married for the wrong reasons and as such we should not compromise the sacrament of marriage itself. After all the whole concept of marriage is insane to begin with.
This is a very good point you bring about ‘’setting a double standard….”that is very true. I am a divorced woman I do not believe in it should be considered rape. The whole concept seems to reek of malice and other such feelings, an avenue which divorce satisfies on many levels depending on your lawyer
Lisa Evelyn
U.K.
Very well said on all of the above. A man can not feel that his wife can never say no to him when it comes down to it. Women are human beings to and should be treated that way, with respect. This is why i am doing my Internal Assessment for CAPE Law on the extent to which rape is a criminal offense. Thus far i have seen numerous case where men have been convicted of raping their wife and also to where they can not be convicted of raping there wife. It is very sad to see that the world still sees women as inferior to men. I do hope that in time all countries will recognize marital rape as a crime.