Loga Virahsawmy
16 May 2008
Port Louis — "Who would believe you if you tell people that your own husband has raped you? They would laugh at you and tell you it is his right since he is legally married to you. Even when he does it with a butcher's knife under your throat, you have to keep quiet and cannot go to the police," said Amen, with a lump in her throat.For two years, Amen struggled to stop her husband from raping her. "It did not take long after my wedding for my husband to demand sex at any time of the day," she recalls. "Three to four times a day was not enough for him. But the worst was in the night when he had a butcher's knife under my throat. When I struggled he threatened me with the samurai sword he kept under bed." Leaving after two horrendous years, even then her fear did not stop, as she received harassing telephone calls from him. She changed telephone numbers several times. Finally, her divorce went through.
One of the very few female lifeguards in the country, Amen, seems to have all the necessary qualities and abilities to deal with difficult, stressful and painful situations. She is physically strong and composed under pressure. Yet in her house, she was powerless to stop her husband. She says she would have sought help if there had been a law and the proper environment to protect her. There are hundreds of women like Amen, ashamed to talk about what is happening to them because much of society views it as unconceivable for a husband to rape a wife.
The popular notion is that men have the right to sex anytime they want, and a woman should comply. A social worker doing therapy with married women said, "These women cannot denounce their aggressor. One of my clients had love marks on her neck she said her husband did this purposely so that people would not believe her."
The recognition of marital rape is not only key to women's rights, but has become an issue with irreversible consequences with the pandemic of HIV and AIDS. The relationship between gender violence and HIV-AIDS has not been adequately addressed. Women experiencing violence have little negotiating power when it comes to safe sex. Although Part 6 of the draft SADC Protocol on Gender and Development, which is going to the Heads of States Summit in August 2008, is comprehensive in addressing a range of forms of gender-based violence, it is silent on marital rape.
The SADC Protocol Alliance, a coalition of 16 organisations, views this with concern. It's urging governments to include reference to marital rape as gender-based violence to be outlawed. Without proper legislation, marital rape survivors will find it difficult to seek legal aid, let alone have access to post-exposure prophylaxis to prevent possible HIV infection, and other support services. Marital rape affects women, their children and the community. These women lose confidence and may suffer from physical and mental illnesses.
In October 2007, the Sexual Offences Bill went to the Mauritius Parliament. This piece of legislation clearly stipulates that: "Any person who, without the consent of another person intentionally penetrates the vagina or anus of that other person with any part of his body, with any object, shall commit an offence and shall, on conviction, be liable to a term of a penal servitude not exceeding 45 year." However, unfortunately in prudish Mauritius due to a public outcry, the Bill did not go through and was sent to a Select Committee.
The recommendations have not come out yet. Asked for her views the minister of Women's Rights, Indira Seebun, said, "If one word is removed in the draft Sexual Offences Bill, that is anal sex, women in Mauritius might be more prepared to accept the Bill." In a recent declaration the minister of Justice, Rama Valayden said: "We want to position ourselves as a model of human rights in the region." Human rights are also women's rights.
Be the first to Write a Comment!
Copyright © 2008 L'Express. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
