National

Court Grants Woman Divorce On Grounds Of Cruelty

NASSAU, BAHAMAS – A recent decision in a divorce case adding fuel to the growing debate on whether it’s time for the country to criminalize marital rape.

Published

2 years ago

August 31, 2022

Our News

NASSAU, BAHAMAS – A recent decision in a divorce case adding fuel to the growing debate on whether it’s time for the country to criminalize marital rape.

Supreme Court Justice Denise Lewis-Johnson granting a divorce to a woman who said she “felt like a rape victim during sexual intercourse” with her husband of 15 years.

The woman recently filed for divorce on the grounds of cruelty, citing numerous instances when her husband forced himself on her. She alleged that it was commonplace for him to come home, ask for sex and if she refused, he would lubricate, take his pleasure and leave. She told the court the encounters had damaged her emotionally.

Although she described the sexual encounters as rape in her petition, Justice Lewis-Johnson noted there is no rape in marriage under Bahamian law. However, she granted the divorce after finding the husband’s behaviour amounted to cruelty.

The husband has denied the allegations, saying that he took care of the household and did not cheat on his wife. He said he waited until marriage to have sex; however, during the marriage his sexual needs were not met.

The issue of marital rape continues to spark national debate with activists calling on government to criminalize the act.

Christian Council President Delton Fernander saying recently that while the council agrees with a recent assertion by Prime Minister Philip Davis’ that “rape is rape”, the council wants to preserve the “sanctity of marriage”.

Social Services Minister Obie Wilchcombe recently telling Our News government will meet with the Bahamas Christian Council on September 15th to discuss the issue.