Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697639985166.pdf (Bahamas)
Sexual Offences (Amendment) Bill, 2009 1.

The proposed amendment to the Sexual Offences Act seeks to give stronger effect to The Bahamas commitment to strengthen its laws to eliminate violence against women.

2.

In 1993, The Bahamas acceded to the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
In 1993 the United Nations General Assembly issued a Declaration on the Elimination of Violence against Women (“the Declaration”) with a view to strengthen and complement the provisions contained in the Convention.

3.
3.

Article 2 of the Declaration provides – “Article 2 Violence against women shall be understood to encompass, but not be limited to the following: (a) Physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation;…” 4.
Article 4 of the Declaration states inter alia- “Article 4 States should condemn violence against women and should not invoke any custom, tradition or religious consideration to avoid their obligations with respect to its elimination.

States should pursue by all appropriate means and without delay a policy of eliminating violence against women and to this, end, should: ….
(d) Develop penal, civil, labour and administration sanctions in domestic legislation to punish acts and redress the wrongs caused to women who are subjected to violence; women who are subjected to violence should be provided with access to the mechanisms of justice and, as provided for by national legislation, to just and effective remedies for the harm that they have suffered; States should also inform women of their rights in seeking redress through such mechanism;…” -2- 5.
To this end, The Bahamas has sought to develop penal sanctions in their domestic legislation in an effort to comply with its obligations under the Convention and the Declaration, illustrated in the recently passed Sexual Offences and Domestic Violence (Amendment) Act, 2008.

In that Act, inter alia, the penalty for rape was increased from the maximum of fifteen years to a maximum of life imprisonment.
That Act also made it an offence to distribute child pornography, an practice primarily directed at females and for voyeurism, another offence primarily directed against females.

6.

This proposed Sexual Offences (Amendment) Bill, 2009 further strengthens our law to protect women from abuse.

7.

This Bill seeks to amend the definition of ‘rape’ contained in section 3 of the Sexual Offences Act, (Ch.

99).

Presently, the definition of rape is as follows: “3.
Rape is the act of any person not under fourteen years of age having sexual intercourse with another person who is not his spouse — (a) without the consent of that other person; (b) without consent which has been extorted by threats or harm; (c) with consent obtained by personating the spouse of that other person; or (d) with consent obtained by false and fraudulent representations as to the nature and quality of the act.” 8.
In effect, the present law is that a man can have sexual intercourse with his wife notwithstanding her expressed refusal and the wife cannot make a complaint of rape.

The proposed amendment seeks to delete the words “who is not his spouse” from the definition of rape.

The result is that the definition of rape will be as follows: “3.
Rape is the act of any person not under fourteen years of age having sexual intercourse with another person — (a) without the consent of that other person; (b) without consent which has been extorted by threats or harm; (c) with consent obtained by personating the spouse of that other person; or (d) with consent obtained by false and fraudulent representations as to the nature and quality of the act.” 9.

Further, this Bill will also repeal section 15 of the Sexual Offences Act (Ch.

99).
99).

At present, this section provides – “ 15.
(1) Any person who has sexual intercourse with his spouse without the consent of the spouse — (a) where there is in existence in relation to them — -3- (i) a decree nisi of divorce; (ii) a decree of judicial separation; (iii) a separation agreement; or (iv) an order of a court for the person not to molest or co-habit with his spouse, or any other order made under Part II (now repealed); or (b) where the person has notice that a petition for judicial separation, divorce or nullity of marriage has been presented to a court, is guilty of the offence of sexual assault by spouse and liable to imprisonment for a term of fifteen years.
(2) No prosecution shall be commenced for an offence under this section without the consent of the Attorney-General.” Given the proposed definition of rape this section 15 will no longer be necessary.

10.

Consideration is being given to amend section 6 of the Act to provide that no prosecution may be commenced against a person who is the spouse of the victim without the consent of the Attorney General.

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