CIVIL society has welcomed the announcement from Leader of Government Business in the Senate Kamina Johnson Smith that amendments are to be made to the Offences Against the Person Act to eliminate the conditions for marital rape.

Among those welcoming the announcement have been executive director of Jamaicans for Justice (JFJ) Mickel Jackson and Joyce Hewett, past president of Woman Incorporated, who have been among those decrying the failure of parliamentarians to remove the conditions which a married woman needs to satisfy to prove that she was raped by her husband.

Jackson told the Jamaica Observer that from as far back as 2012, several civic groups have been advocating for the removal of Section 5 of the Sexual Offences Act that has the “archaic notion” that marriage itself implies consent, “where men are allowed to rape their wives”.

According to Jackson: “JFJ is happy that the tide is changing, and most Jamaicans understand that rape is rape and marriage ought not to have any exception to this.”

Without revealing the findings in its entirety, Jackson said JFJ conducted a public opinion survey among 1,008 Jamaicans in which 78 per cent of respondents disagreed with the notion that a husband cannot rape his wife.

Jackson said while JFJ welcomes the announcements from the Government, it is urging parliamentarians to move with alacrity to make the change.

“Simply, we have heard the promises before, and the delay has certainly gone on far enough. The 2018 joint select committee report recommended the removal of marital rape, and parliamentarians must now act. We also welcome the announcement that other issues such as cyber stalking will be addressed as this is also another major area of concern,” said Jackson.

In the meantime, Hewett told the Observer that she is happy to hear that the provisions will now finally be in favour of women.

“We have sat in joint select committees of Parliament and fought for these conditions to be removed. We found that other factors were existing such as domestic violence and that the act of rape did not occur in a vacuum. We fought that those conditions never be attached to any of the offences,” Hewett said.

She argued that the conditions facing married women set up a situation where marital rape is almost never acknowledged by law.

“That is where we have been in Jamaica so we highly support the move to remove all of the conditions. We highly support it,” emphasised Hewitt.

Addressing a regional conference on women’s political and parliamentary leadership, at Jamaica Pegasus hotel in New Kingston last Wednesday, Johnson Smith, who is also the minister of foreign affairs and foreign trade, noted that when the Offences Against the Person Act was passed in 2009, it provided for conditions to be met in order for a wife to claim rape.

“There are specific things that allow you to be able to claim that you were raped in marriage. It should not be that a married woman has less rights than an unmarried woman. Both of us should have the rights over our bodies, and that is what was agreed by the committee [which deliberated on the Act], so when the Act is amended it will delete all the preconditions for claim of marital rape. Again, it’s about respect and the rights over our bodies,” said Johnson Smith.

She added that the amendments to the Act will also include an offence of stalking, so that women are protected outside of relationships.

“If you are harassed by a stalker, that offence does not exist — and it needs to exist within the Offences Against the Person Act so that the Cybercrimes Act can criminalise it.

“So — whether you are in a relationship or not — if you are being stalked and you are in fear, that is an actionable crime that can be prosecuted, and you can get a protective order. You can prevent the greater crimes that usually come as a result of stalking, which [include] rape or murder,” said Johnson Smith.

Conditions attached to marital rape in the Offences Against the Person Act include:

• The spouses have separated and live separate and apart as defined by the

Matrimonial Cause Act;

• There is in existence a separation agreement;

• Divorce or proceedings to nullify the marriage have been filed;

• Acts or threats of physical violence, harm or injury are imposed on a spouse before

or during sex;

•The spouse knowingly suffers from a sexually transmissible disease.