Priest backs Lisa’s push to make rape gender-neutral
AN Anglican priest has shunned the views of some of his religious counterparts to throw his full support behind Oppositon Member of Parliament (MP) Lisa Hanna’s motion to redefine sexual intercourse in law to make the act of rape in Jamaica gender-neutral.
According to assistant curate, St Andrew Parish Church, Reverend Father Bertram O Gayle, a segment of the local religious community strongly opposes broadening this definition, and have grounded their opposition “in what strikes me to be primarily a theological concern, rather than a commitment to justice for all”.
He added: “As a result they have invested much into creating a circumstance where we have an unnecessarily complex set of laws concerning forced sex, skirting around the issue of rape, simply to appease their theological position on human sexuality,” Gayle said in a letter to the Jamaica Observer.
Rev Father Gayle argued that while faith communities play a role in shaping moral values it is crucial that they avoid privileging their positions in ways that hinder the creation of laws and policies governing a diverse, democratic society.
“The Church must not wield its influence to restrict legal definitions that protect all citizens, regardless of their faith or lack thereof,” he said.
In the motion, which she tabled in Parliament last week Tuesday, Hanna noted that under Jamaica’s law, it is only a man who can rape a woman, and a man cannot experience rape — whether by a man or woman.
According to Hanna, this is presenting a legislative dilemma, creating inequitable legal consequences surrounding how we treat rape in Jamaica.
“Because our legal definitions have been unchanged for centuries, many boys and men who have been, or are being raped and sexually abused by men and women, continue to suffer in silence and don’t come forward out of fear of being stigmatised or thrown in jail — even though they are the victims,” she said.
Rev Father Gayle further argued that the current definition of rape, limited to non-consensual penile penetration of the vagina by a man, excludes many victims who endure horrific acts of sexual violence that do not fit this narrow definition. He said that such a limitation is not reflective of a just and inclusive society.
“As a black, dreadlocked Anglican priest I am acutely aware of our country’s religious history where the Church weaponised the State’s power against those deemed to be in theological, moral, and cultural error. This has had devastating consequences. Insisting on a limited definition of rape is a continuation of this harmful practice,” he said.
He argued that the State’s primary concern should be ensuring justice and protection for all individuals, regardless of the theological positions of specific religious groups.
“Broadening the definition of rape is a necessary step toward comprehensive protection for all victims of sexual violence. It acknowledges their experiences and affirms their right to justice and dignity. This is a matter of fundamental human rights and equality before the law,” he said.
“I urge all Jamaicans, regardless of religious affiliation, to support this motion. Let us work together to create a legal framework that better reflects our commitment to justice, equity, and the protection of all our citizens. It is time to prioritise the well-being and rights of all our people over the doctrinal positions of any single institution,” he added.
Last week, religious group Jamaica Coalition for a Healthy Society (JCHC) told the
Observer that it was staunchly opposed to the notion of gender-neutral rape, arguing that the country’s law already has provisions for males who are physically violated to take legal action.
The JCHC said it is of the view that Jamaica’s laws, public policies, and social order “must continue to be rooted in biological reality and design and purpose in the natural order of the universe.
“In that context, sex is between male and female sex organs. We, therefore, reject out of hand the concept that sexual intercourse should be gender-neutral. It is not,” chairman of the JCHC Dr Wayne West said.
In the meantime, Jamaica AIDS Support for Life (JASL) said Hanna’s motion supports positions put forward by the entity almost a decade ago. And in a release on Monday the entity reiterated its call for the broadening of the definition of sexual intercourse to provide greater protection for women and girls and remove the bias in the law towards men and boys.
JASL said that in a submission to a 2016 joint select committee of Parliament reviewing the sexual offences and related Acts, it had put forward several arguments which were not accepted. Among them was that the gender-specific and orifice-specific language definition of sexual intercourse in the Sexual Offences Act (SOA) as penetration of the vagina of one person by the penis of another person provides no protection for men and boys if they encounter forced anal or oral penetration via penis or manipulated object.
Additionally, JASL pointed out that the language provides limited protection to women and girls if they are also forcefully penetrated in the mouth and anus with a penis or object.
“We submit that the definition of sexual intercourse be broadened to include (i) the penetration of a person’s anus or mouth with the penis of another person or object manipulated by another person (except for medical purposes) and (ii) adopt a gender-neutral language,” JASL outlined in its 2016 submission.
In that submission the organisation also argued that, “Having a broadened definition of ‘sexual intercourse’ will now allow for the broadening of the offence of rape to capture this definition. As it stands, the definition of rape as set out in Section 3 (1) of the SOA provides no protection for persons who experience forced anal and oral penetration.”
In its release on Monday JASL said that not only is rape and sexual assault a serious social issue, it is also a public health one which must quickly be addressed. As a service provider it is noted that persons who experience sexual assault are at risk of a range of medium- to long-term health problems. These include sexually transmitted diseases — including HIV and syphilis — pregnancy, mental health problems, and (attempts at) suicide.
“In light of our decade-long call of action to address these legislative shortfalls JASL is calling on all members of both Houses of Parliament, as well as Jamaicans, to support this position as the current state of law is untenable if we are serious about protecting the rights of all,” the release said.