Dear Editor,

The courage and integrity of Justice Denise Lewis-Johnson, judge of the Supreme Court of The Bahamas is to be commended.

In a well-publicised divorce case she made it clear that under Bahamian law “there is no rape in marriage”. The judge could not have ruled otherwise, even if she had wanted to, as section 3 of The Bahamian Sexual Offences Act states, in part, that: “Rape is the act of any person not under 14 years of age having sexual intercourse with another person who is not his spouse

(a) Without the consent of that other person…”

What was of great note was her philosophical outlook on her role as a judge. This is what she had to say:

“In this place we interpret existing laws and apply them; we cannot and must not succumb to the temptation to reform laws.”

This is a principle to which all judges should adhere. Amendments to the law must come from the legislature not from the judiciary. The judge’s role is to interpret and apply law, not use judgements to effect law reform.

This utterance by Justice Lewis-Johnson is to be contrasted with that of other judges, who by their rulings and judgements have amended laws to be more in line with what they consider to be current societal norms. When judges involve themselves in these activities they become legislators in judicial robes.

Justice Lewis-Johnson is to be commended for being faithful and fearless in the execution of her duties.

Shirley Richards

sprichards82@yahoo.com