Groups object to marital rape clause
December 14, 2006
Three women's organisations have objected to a proposed legislative clause which would require consultation with the Director of Public Prosecutions (DPP) before determining whether prosecution should occur in cases where marital rape has been proven.
Representatives of the Bureau of Women's Affairs, Woman Inc. and the Association of Women's Organisations raised concerns about the clause in the amendment to the Offences Against the Person Act during yesterday's sitting of Parliament's joint select committee considering amendments to the legislation.
Faith Webster, acting executive director of the Bureau of Women's Affairs, said that, while the bureau recognised that the objective of the legislation was to safeguard the privacy of marriage, it was convinced that the bill was ignoring the fact that, in cases where marital rape occurred, the marriage had already broken down.
Exposure
She said public policy should favour the exposure of these acts, rather than their concealment in the guise of protection of privacy in marriage.
She further pointed out that the requirement for the consent of the DPP appears to reflect the ambivalence of policymakers and legal drafters who seem unable to accept fully the idea that marriage does not constitute consent to sexual abuse.
"We submit that this clause may have the undesirable consequence of reinforcing the tendency of women to refrain from reporting such incidents of rape," she said....
Author: Dionne Rose
Source: Jamaica Gleaner
