The Proposed Amendment to the Sexual Offenses Act - The President's Post for September 11, 2009
The Proposed Amendment to the Sexual Offenses Act
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Within the local Bahamian society there is much debate regarding the proposed amendment to the Sexual Offenses Act before parliament. As with any issue, there would be those for and those opposed; and, in a democratic society, that is the right of persons. Given the feelings and reactions generated --persons for and against have been employing scriptures to support their views and positions. In this regard, I proffer the following explanation.
CLICK HERE TO VOTE ON THE SEXUAL OFFENSES ACT
What Does the Proposed Amendment Seek?
Essentially, the proposed amendment seeks to include a clause allowing a spouse to report rape. Currently, the present law does not permit a spouse to report marital rape; only those outside marriage can do so.
Some Concerns
Given the aforementioned, several questions have arisen: “Is it possible to rape one’s spouse?” “Doesn’t marriage mean that no spouse can deny the other conjugal or sexual rights?” “Is the proposed amendment going too far in that it goes into the privacy of my bedroom?”
Operating Under Divine Principles
As followers of Christ and members of His Church, we are expected to operate under divine principles and not the principles of man per se. To this end, I see no need for the law to speak to us or affect us as we follow the counsel and directions of Christ. In Matthew 5:43, 44, Jesus says: “You have heard that it was said, ‘You shall love your neighbor and hate your enemy.’ But I say to you, love your enemies, bless those who curse you, do good to those who hate you, and pray for those who spitefully use you and persecute you.” Additionally, the Apostle Paul says in 1 Corinthians 13:4: "Love suffers long and is kind; love does not envy; love does not parade itself, is not puffed up." When we apply the principle of love, it can be assumed that a child of God will show respect for his or her spouse. His or her actions will be driven by love for God within marriage and in all other relationships. The role of both spouses as explained by the
Apostle Paul in Ephesians 5 will not be taken lightly. Of husbands, in Ephesians 5:25, Paul states: "Husbands, love your wives, just as Christ also loved the church and gave Himself for her." Furthermore, Paul argues that he who loves his wife will not hurt her; "So husbands ought to love their own wives as their own bodies; he who loves his wife loves himself" (NKJV). As for the wife, Paul says her role is one of submission: "Wives, submit to your own husbands, as to the Lord. For the husband is head of the wife, as also Christ is head of the church; and He is the Savior of the body. Therefore, just as the church is subject to Christ, so let the wives be to their own husbands in everything" (Ephesians 5:22-24, NKJV).
Now the question of submission arises. (Though the Apostle Paul is primarily talking about the church, he employs the analogy of marriage). However, as I return to submission, “Does it mean that only the female should submit?” Clearly, no! For in verse 21, Paul calls for submission from both: "submitting to one another in the fear of God" (Ephesians 5:21, NKJV).
In being “head” it does not mean that the husband calls the shots, and the lady follows without reason! What it does mean is that as leader, he will model Christ; and as such he will involve his wife in decision making, recognizing that she is no less a person. Submission does not mean that the wife can never have a say or disagree. In fact, she may have good reasons to disagree with her husband. Essentially, a man or a woman ought not to dominate the other.
As for withholding sex, Paul, in 1 Corinthians 7, says this: "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). When Paul wrote this, it was at a time that women were not regarded equally with men. You can imagine how some men must have felt when he also said that a “man’s body does not belong to himself but to his wife.”
In addition, when Paul uses the term “except with consent,” what did he mean by that? If it is not with consent or agreement, could it imply force? And depending on the degree to which a spouse may go, could it not venture on rape?
So operating under divine or kingdom (of heaven) laws, a wife will not withhold sex unnecessarily or spitefully. Also, a husband will not force or take advantage of his spouse. The principle of love will inform action and behavior. Marriage obligates both spouses to meet each other’s need -and certainly conjugal needs.
Not Everybody Subscribes to Kingdom Principles
As not everyone operates on the basis of divine love, it is necessary to enact laws and rules governing behavior. However, that is not to say that Christians are above the law, but as noted, it is hoped that they would not need to be guided by them; for they are marching to the beat of another drummer. In fact, Jesus said to His early followers, “Except your righteousness exceeds the scribes and the Pharisees you shall not see the kingdom of God.” So on the streets, Christians should adhere to the laws, but there are times they also need to be reminded.
Having explained the aforementioned, I would be presumptuous or irresponsible to say that the proposed amendment does not carry the potential for abuse. Let me explain: It is proposed that a spouse will have up to two years to report a rape. Now, one can deduce that a spiteful or ill-intentioned spouse could seek to use that to their advantage. Of course to do so, and be found doing so could result in their receiving the full penalty of the law. Nonetheless, based on my understanding of the proposed amendment to the Sexual Offences Act which aims to protect a spouse, consideration and support should be given it.
Having read the proposed amendment and after engaging a few persons in discussion, I would note two points: One, there should have been wider consultation prior to presenting the bill to parliament, and secondly, parliament should use this time to revisit the age of sexual consent from age16 to age 18. Isn’t it amazing that a person has the right to engage sexually before he or she can vote or drive lawfully?
Again, I welcome your comments and suggestion. Use the box below
Fifty (50) persons are needed to shingle the New BA’s roof.
Volunteer this Sunday or during the week!
You can respond to this article in the comments box at the end of this page.
Within the local Bahamian society there is much debate regarding the proposed amendment to the Sexual Offenses Act before parliament. As with any issue, there would be those for and those opposed; and, in a democratic society, that is the right of persons. Given the feelings and reactions generated --persons for and against have been employing scriptures to support their views and positions. In this regard, I proffer the following explanation.
CLICK HERE TO VOTE ON THE SEXUAL OFFENSES ACT
What Does the Proposed Amendment Seek?
Essentially, the proposed amendment seeks to include a clause allowing a spouse to report rape. Currently, the present law does not permit a spouse to report marital rape; only those outside marriage can do so.
Some Concerns
Given the aforementioned, several questions have arisen: “Is it possible to rape one’s spouse?” “Doesn’t marriage mean that no spouse can deny the other conjugal or sexual rights?” “Is the proposed amendment going too far in that it goes into the privacy of my bedroom?”
Operating Under Divine Principles
As followers of Christ and members of His Church, we are expected to operate under divine principles and not the principles of man per se. To this end, I see no need for the law to speak to us or affect us as we follow the counsel and directions of Christ. In Matthew 5:43, 44, Jesus says: “You have heard that it was said, ‘You shall love your neighbor and hate your enemy.’ But I say to you, love your enemies, bless those who curse you, do good to those who hate you, and pray for those who spitefully use you and persecute you.” Additionally, the Apostle Paul says in 1 Corinthians 13:4: "Love suffers long and is kind; love does not envy; love does not parade itself, is not puffed up." When we apply the principle of love, it can be assumed that a child of God will show respect for his or her spouse. His or her actions will be driven by love for God within marriage and in all other relationships. The role of both spouses as explained by the
Apostle Paul in Ephesians 5 will not be taken lightly. Of husbands, in Ephesians 5:25, Paul states: "Husbands, love your wives, just as Christ also loved the church and gave Himself for her." Furthermore, Paul argues that he who loves his wife will not hurt her; "So husbands ought to love their own wives as their own bodies; he who loves his wife loves himself" (NKJV). As for the wife, Paul says her role is one of submission: "Wives, submit to your own husbands, as to the Lord. For the husband is head of the wife, as also Christ is head of the church; and He is the Savior of the body. Therefore, just as the church is subject to Christ, so let the wives be to their own husbands in everything" (Ephesians 5:22-24, NKJV).
Now the question of submission arises. (Though the Apostle Paul is primarily talking about the church, he employs the analogy of marriage). However, as I return to submission, “Does it mean that only the female should submit?” Clearly, no! For in verse 21, Paul calls for submission from both: "submitting to one another in the fear of God" (Ephesians 5:21, NKJV).
In being “head” it does not mean that the husband calls the shots, and the lady follows without reason! What it does mean is that as leader, he will model Christ; and as such he will involve his wife in decision making, recognizing that she is no less a person. Submission does not mean that the wife can never have a say or disagree. In fact, she may have good reasons to disagree with her husband. Essentially, a man or a woman ought not to dominate the other.
As for withholding sex, Paul, in 1 Corinthians 7, says this: "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). When Paul wrote this, it was at a time that women were not regarded equally with men. You can imagine how some men must have felt when he also said that a “man’s body does not belong to himself but to his wife.”
In addition, when Paul uses the term “except with consent,” what did he mean by that? If it is not with consent or agreement, could it imply force? And depending on the degree to which a spouse may go, could it not venture on rape?
So operating under divine or kingdom (of heaven) laws, a wife will not withhold sex unnecessarily or spitefully. Also, a husband will not force or take advantage of his spouse. The principle of love will inform action and behavior. Marriage obligates both spouses to meet each other’s need -and certainly conjugal needs.
Not Everybody Subscribes to Kingdom Principles
As not everyone operates on the basis of divine love, it is necessary to enact laws and rules governing behavior. However, that is not to say that Christians are above the law, but as noted, it is hoped that they would not need to be guided by them; for they are marching to the beat of another drummer. In fact, Jesus said to His early followers, “Except your righteousness exceeds the scribes and the Pharisees you shall not see the kingdom of God.” So on the streets, Christians should adhere to the laws, but there are times they also need to be reminded.
Having explained the aforementioned, I would be presumptuous or irresponsible to say that the proposed amendment does not carry the potential for abuse. Let me explain: It is proposed that a spouse will have up to two years to report a rape. Now, one can deduce that a spiteful or ill-intentioned spouse could seek to use that to their advantage. Of course to do so, and be found doing so could result in their receiving the full penalty of the law. Nonetheless, based on my understanding of the proposed amendment to the Sexual Offences Act which aims to protect a spouse, consideration and support should be given it.
Having read the proposed amendment and after engaging a few persons in discussion, I would note two points: One, there should have been wider consultation prior to presenting the bill to parliament, and secondly, parliament should use this time to revisit the age of sexual consent from age16 to age 18. Isn’t it amazing that a person has the right to engage sexually before he or she can vote or drive lawfully?
Again, I welcome your comments and suggestion. Use the box below
Fifty (50) persons are needed to shingle the New BA’s roof.
Volunteer this Sunday or during the week!
Comment
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Comment by Barrington Brennen on September 12, 2009 at 12:57pm - Are you suggesting Audely that men and women are not equal, desigend by God that way. Equality for means that both men and women have equal, VOICE, POWER, AND VOTE. We are different but not in competition and complementing each other. We were given equal VOICE, VOTE, AND POWER at creation. Satan tried to destroy that and Jesus came to restore that. Many voice scream against the martial rape law are revealing that there is not a full agreement about this equality. There is is "rulership syndrom" still lurking around. I actually heard that in the radio. Just remember that rape is a violent act, It is not sex. It is when some misueses power. etc.
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Comment by Audley Mitchell on September 11, 2009 at 8:53pm -
This issue of marital rape has nothing to do with equality. There are differences between women and men and those issues disadvantage each of us depending on the situation (hence the ongoing furore concerning the rape of the wife by the husband and little attention to the opposite scenario).
A question we can ask is whether the proposed law is a civil/criminal issue, a religious issue, or one that transcends both arenas and how does the Christian address this? When we speak, what is our scriptural reference for our position? Do we really have one or is it evident reason that we rely on?
As with anything, this proposed law would bring change to relationship (marriage) that has operated in its current fashion for thousands of years. People - men and women - are apprehensive of change. That is a part of the human condition. The Christians should not be among the panicked.
I think we do well to hear opinions from every quarter and recognize the wisdom in the counsel on the many.
Perhaps we do better as Christians to focus their attention to the higher law of Christ that would keep them above the quagmire that would lead to such problems.
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Comment by Barrington Brennen on September 11, 2009 at 8:52am
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Pastor Johnson thanks for the understanding approach to the amendment. Although I do not agree with everything you have said, your sensitive approach is clear. An observation of mine is that you do have a need to explain "head" in marriage is a very tradition way. I believe your explanation is not helpful to the subject. However, your overall explanation is plausible.
There are a few things I must say. I am saddened to hear what many of those are saying who are against the proposed amendmen. It is revealing clearly to me these points:
1. A misuse of Scripture. This has been the case in all areas of abuse. I call this Spiritual Abuse; one of the most powerful, damming, and subtle forms of abuse used by pastors, spouses, parents, etc.
2. The responses are revealing a deep (conditioned) belief that women are still second class citizens and are mostly sexual property.
3. Many do not understand the meaning of equality. We are not ready to admit that women do have equal voice, vote and power. God created her that way.
4. Whether or not one agrees or disagrees with the Amendment to the Sexual Offenses Act, married women are being raped by their husbands. This is not debate. Let’s get real.
5. Many fail to understand that when a married woman accuses her husband of raping her she is already at the end of her ropes. She would have already been raped multiple times by him and the marriage would be in a mess. The reality is most of these women feel trapped. They find it difficult to talk about it because no one would believe. Even the police, those who should protect her, would laugh at her. The problem is the public does not know that and she is still legally married to her husband. Hence, she is not protected under the current law.
6. There is no evidence any where in the world where there has been a surge of false charges against men because of the Marital Rape Law. None whatsoever.
I believe an all Adventist Christians should support this law
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