The Bahamas has a strong Christian influence, where traditional beliefs and ideologies

are integral to the culture and way of life. The prioritization of tradition over what is

fundamentally correct within Christian values and ideologies hinders progress in Bahamian

society. When discussing the criminalization of marital rape in The Bahamas, many avoid the

issue due to the perception of marriage as a sacred union between two persons who are now

“equally yoked.” Religious leaders prioritize preserving the sanctity of marriage over addressing

the negative impact on individuals' safety and well-being. As Fielding and Ballance explore this

concept in “A Preliminary Study on Unwanted Sexual Intercourse within Long-terms

Relationships in The Bahamas,” stating that some Bahamian religious leaders claim that “a man

cannot rape his wife” (Fielding & Ballance, 2022). This perspective emphasizes that a woman

loses autonomy over her body upon marriage, as the church institution regards a woman’s body

as an extension of her husband. As referenced in the article “Smile for Me, Sweetie!” Jennifer

Munnings asserts that the media, politicians, and religious officials often regard marital rape as a

privacy issue. Many Bahamians believe that what goes on between spouses should remain

private and that the government should not be involved in addressing violence against women

from an individualistic perspective (Munnings,2020). This extreme ideology may lead women to

question if their fundamental rights, consent, and autonomy over their body is obsolete once their

maiden name is changed. This paper highlights the importance of criminalizing marital rape in

The Bahamas. Such actions would safeguard fundamental human rights, bridge the gap of gender

inequality, and challenge the patriarchal attitudes entrenched in Bahamian society and religious

institutions.
 The absence of laws safeguarding a woman’s freedom of choice and free will can result

in marital limitations. This is due to the country’s colonial heritage, where rules and policies

were crafted by men for men, with little regard for women’s rights and welfare. Mathew Hale,

Chief Justice of England, expressed his viewpoint in his book History of the Pleas of the Crown,

wherein he stated... “the doctrine marital unity; that upon marriage a wife’s identity was merged

with her husbands, and it then becomes physically impossible for a husband to rape himself”

(Benjamin, 2012). Due to The Bahamas' Christian-like attitudes, it is easy for patriarchal

attitudes to persevere within society and in the minds of men and women alike. The impact of

Chief Justice Hale’s policies and legal strategies still resonates in society today as Bahamians

remain at an impasse regarding the criminalization of marital rape. A recent case published in

The Tribune sheds light on the flaws within The Bahamas’ judicial system titled, “ Judge Rules:

There is No Rape in Marriage.” A young Bahamian woman alleged that she was raped and abused

by her husband; taking into consideration the trauma she had experienced, the Judge stated, “On

a strict reading of the laws of The Bahamas, there is no rape in marriage. Pursuant to section

three of the Sexual Offences Act, the law does not allow for one spouse to rape the other. In this

place, we interpret existing laws and apply them. We cannot and must not succumb to the

temptation to reform laws” (Ward,2022). Due to the archaic laws upheld by the judicial system,

the law cannot separate a woman's rights within the confines of her marriage. Her voice to

consent or decline to engage in sex is diminished as she is now her husband’s property. An

article published by Lisa Benjamin titled “Sound and Fury: Newspaper Coverage of the Marital

Rape Debate in New Providence” highlights the attitudes of lawmakers and men alike

objectifying a woman's body and autonomy, stating “that women were chattel and men had a

property interest in their wives (rape was originally a crime of property rather than a crime
against a person)” (Benjamin, 2012). This patriarchal and archaic attitude toward women is still

prevalent in The Bahamas today as the marital rape bill is met with resistance from those in the

church and parliamentarian halls safeguarding the laws and bills that effectively silenced women

in the past and present.

Women in The Bahamas have fought vehemently and aggressively to be included in laws

regarding their welfare and fundamental rights. In an effort to collectively undermine the

patriarchy, The Women’s Suffrage Movement became a social movement to change the political

and social realm in The Bahamas. Historically, women were expected to solely fulfill domestic

roles as their husbands worked outside the home. Women were often viewed as caregivers and

nurturers, perpetuating harmful stereotypes that marginalized them. As a result, women fought to

change societal and cultural norms to combat these biases. Fielding and Ballance state, “The

Bahamas has a higher tolerance for accepting that a man disciplines his wife for her behavior

than other Caribbean territories. This demonstrates that when students reach high school, they

are conditioned to believe that a man should be the head of the household, a woman must submit

to her husband, and a woman’s place is in the home” (Fielding & Ballance, 2022). Although

women have ventured beyond the stove and kitchen table, seeking other opportunities through

education and work, discrimination persists despite the tremendous success of the Women's

Suffrage Movement. The findings of Field and Ballance suggest the social and cultural aspect of

gender equality, which indicates that patriarchal beliefs are passed from generation to generation

regardless of gender, making it difficult to shift away from archaic traditions embedded in

society and customs. Gender inequality falls under many facets of society through the exclusion

of women's rights, safety, education, and the workforce, which makes closing the gap between

men and women difficult as women face many obstacles due to their gender. As research
suggests, women are paid less than regardless of education. A recent study published in The

Tribune stated, “The 2018 Statistical Update report for the UN’s Human Development Index put

the estimated gross national income per capita for men at $31,397, with women taking home

$22,156. The estimated average income for women is more than $4,000 less than the country’s

gross national income of $26,68” (Turnquest, 2018). The pay disparity indicates that women are

still being undervalued in the workforce. Although women have been moving up the ranks,

receiving an education, and utilizing their skills, the workforce still regards women as lesser than

their counterparts, as their wage disparities highlight this harsh truth.

The crusade to outlaw marital rape in The Bahamas is unrelenting as women fiercely

advocate for their inherent rights and well-being against patriarchal beliefs and discrimination.

The initiative to criminalize marital rape was met with resistance and consternation from male

counterparts who dismissed the idea as ludicrous. The allowance of marital rape is a topic that

exposes how deeply ingrained sexism can be within societal structures regarding politics and

religion. Within discussions about combatting sexual violence, there are still prevalent false

beliefs about rape. The article “A Preliminary Study on Unwanted Sexual Intercourse within

Long-term Relationships in The Bahamas,” published by Fielding and Ballance, corroborates the

rape culture that is prevalent in Bahamian society, stating, “There is a concern about marital rape

in The Bahamas, as it suggests the high number of rapes per capita, a clear indication of rape

culture within Bahamian society” (Fielding & Balance,2020). The dismissive attitude toward

marital rape by religious leaders and politicians alike illustrates the power imbalance between

men and women in questioning the validity of one’s claim of rape. In Field and Ballance's

findings regarding marital rape, “It is crucial to make this distinction since instances of rape by

strangers are less frequent than those perpetuated by individuals known to the victim. It is also
common for the perpetrator to be identified as a current or former boyfriend (Balance &

Fielding, 2022). Rape within the confines of marriage or an established relationship is more

likely to occur. This harsh reality indicates why the marital rape bill should be legalized to

safeguard one’s fundamental rights and dignity.

In conclusion, the issue of marital rape remains a highly debated topic in The Bahamas,

revealing deep-seated societal divisions based on gender discrimination and harmful patriarchal

beliefs. The judicial system's maintenance of colonial practices further exacerbates these issues.

By criminalizing marital rape, we can acknowledge that rape is rape without imposing

restrictions on those seeking justice. The marital rape bill challenges archaic laws and patriarchal

beliefs held by men regarding womanhood and autonomy over one’s body. Removing marital

rape from the Constitution is the first step toward achieving equality. The marital rape bill

challenges the Constitution and the men who enforce their archaic views on women and those

most vulnerable. The marital rape bill will ensure that all person’s fundamental rights are

safeguarded and protected and that the word “no” can exist within the confines of marriage.

Legislating marital rape would change the structures of religious and political institutions that

consider women an extension of men due to religious beliefs and traditions that have since

divided us as a society.
 Reference Page

Fielding, W. J., & Ballance, V. C. (2022). A Preliminary Study on Unwanted Sexual Intercourse Within

Long-term Relationships in The Bahamas. International Journal of Bahamian Studies, pp. 28,

69. https://doi.org/10.15362/ijbs.v28i0.461

Munnings, J. (2020). “Smile For Me, Sweetie!”: An Analysis of Contemporary Gender-Based Violence

and Discrimination in The Bahamas.

Ward, J. (2022, August 31). Judge rules: There is no rape in marriage - The Nassau Guardian.

Thenassauguardian.com. https://thenassauguardian.com/judge-rules-there-is-no-rape-in-

marriage/

Fielding, W. J., & Ballance, V. C. (2019). Learning gender-based attitudes in The

Bahamas. International Journal of Bahamian Studies, 25(1), 1–15.

Benjamin, L. (2012). Sound and Fury: Newspaper Coverage of the Marital Rape Debate in New

Providence. The College of The Bahamas/University of the West Indies Cathleen LeGrand

Royal Thimphu College, Bhutan1.

Robinson, T. (2004, May). An Analysis of Legal Change: law and gender-based violence in the

Caribbean. In Caribbean Judicial Colloquium on the Application of International Human Rights

Law at the Domestic Level, Nassau, Bahamas.

Turnquest, A. (2018, November). EQUAL PAY? Not if you are a woman: 30% gender pay gap

exposed in UN global study. Www.tribune242.com.

http://www.tribune242.com/news/2018/nov/27/equal-pay-not-if-youre-women-30-

gender-pay-gap-exp/