Lightbourne

A MAN found guilty of marital rape under the proposed sexual offences bill could be put behind bars for life if the Senate approves the new legislation.

This forms part of a far-reaching law aimed at imposing harsh penalties on persons who commit a range of sexual crimes.

Under the proposed law, a husband will now commit the offence of rape if he has sexual intercourse with his wife in specified circumstances, without her consent.

Debate on the Sexual Offences Bill started in the Upper House yesterday with Justice Minister and Leader of Government Business, Dorothy Lightbourne, making a comprehensive presentation on the bill.

According to the minister, historically, there was a view that after marriage, a woman was deemed to have given her irrevocable consent to sexual intercourse with her husband. She added that it was considered that with the exception of certain "very limited" circumstances, a husband could not rape his wife.

rejected marital exemption

But a 1991 decision by the House of Lords in the United Kingdom rejected the notion of marital exemption from rape, arguing that it was inapplicable.

" … The penalty to which a person will be liable on conviction in a circuit court for rape, including marital rape, or grievous sexual assault, will be imprisonment for life or a lesser term, considered appropriate by the court," said Lightbourne. She added that the minimum term could not be less than 15 years.

Another new offence will also be introduced in the proposed law dealing with what has been termed "sexual grooming of a child".

This provision forms part of legislation in other jurisdictions such as the United Kingdom. The offence is gender neutral and speaks to an arrangement by an adult to meet with a child for the purpose of committing a sexual offence.

The offence of sexual grooming attracts a prison sentence of 15 years on conviction in a circuit court.

In March, the House of Representatives gave the Sexual Offences Bill the nod.

Debate on the bill was suspended on Friday and will continue at the next sitting of the Upper House. This followed a three-hour contribution by Senator Lightbourne.

Sexual Offences Bill

Marital Rape

A husband commits an offence of rape against his wife if he has sexual intercourse with her in any of the circumstances:

a. The spouses have separated and thereafter have lived separately and apart with the meaning of the Matrimonial Causes Act;

b. There is in existence a separation agreement between the spouses;

c. Proceedings for the dissolution of the marriage or for a decree of nullity of marriage have been instituted;

d. There has been made or granted against the husband an order or injunction, as the case may be for non-cohabitation, non-molestation or ouster from the matrimonial home for the personal protection of the wife;

e. The husband knows himself to be suffering from a sexually transmitted infection.