Abstract

Violence against women is “the norm rather than the aberration” in Caribbean societies. Referring to domestic violence, this finding was stressed by Justice Barrow in the Martinus Francois v AG of St Lucia High Court case. However, such normalisation of violence in the Caribbean is not limited to the domestic sphere. This chapter shows that some Anglophone Caribbean States actually condone sexual violence through their laws. Narrow, heteronormative definitions of rape, constructions of grievous sexual assault and the conditional criminalisation of marital rape in a number of Caribbean laws preserve codes of femininity and masculinity that help perpetuate biased models of sexual violence victimisation and perpetration, by which heterosexual sexual violence in marital relations or against cis men, as well as same-sex sexual violence are undervalued or fully silenced by the law. Based on a legal feminist examination of Caribbean sexual violence laws, this chapter challenges the myopic construction of sexual violence in these laws and the resultant unequal protection afforded. It further argues that such laws not only align with discriminatory gender stereotyping, but also legitimise the normalisation of sexual violence.

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