Age of consent

EDITOR, The Tribune.

Recently, a 40-year-old child sexual predator was given a light plea deal sentence of four years in prison for repeatedly engaging in unlawful sexual intercourse with a 14-year-old child. Such a light sentence for such a horrific crime should cause us to hang our national head in shame. Why? Because the way a society truly feels about a particular crime is expressed by the punishment meted out to it. And it matters not that the maximum sentence for unlawful sexual intercourse with a child under age 16 is life in prison. Sadly, that maximum sentence on the law books is functionally irrelevant because the sentences given to child sexual predators are slaps on the wrist. In truth, they amount more to reward than punishment.

But the silver lining in the dark cloud of the horrendous violation of that 14-year-old child is that it has brought the age of consent into the national conversation once again. There continues to be widespread support to raise it from 16 to 18 years of age, not because it is the all-encompassing solution to protecting our children from sexual exploitation and harm, but because it is an obvious and necessary step in the right direction.

Historically, the age of consent was set to the legal age of marriage, which has changed over the years. It used to be as low as 12 years. The age of 16 goes back to the late 1800s in English law, which we in The Bahamas inherited. However, since our legal age for marriage is 18, by setting the age of consent at 16, we as a society have removed sexual relations from within the boundaries of marriage and legalised 16 and 17-year-olds to engage in fornication with their similarly aged peers and adults. This is quite arrogant and very sad.

Marriage is a covenantal commitment of sexual fidelity between one man and one woman, and it is the only legitimate context for sexual relations. It is God’s good and wise design; and we embrace it for our good, or we ignore it to our peril. Why legally withhold marriage from our 16 and 17-year-olds (unless they obtain parental or judicial consent), and then turn around and legally permit them to engage in fornication without the need for any kind of consent? Societies that truly value the protection of children don’t do that. Instead, they pass laws to protect their children from prematurely engaging in sexual relations before they are adults, and to severely punish child sexual predators. Accordingly, we need to go back to aligning the age of consent to the age of marriage, which is currently 18.

I’m particularly pleased that the Deputy Prime Minister, the Hon. Chester Cooper, has been and continues to be clear in his rationale and unequivocal in his support to raise the age of consent to 18. I pray that Prime Minister Davis and the rest of the Cabinet are of the same mind. Hopefully, they will swiftly bring legislation to Parliament to raise the age of consent to 18, to reform our laws to better protect minors from sexual exploitation, and to cause actual sentences for convicted child sexual predators to be more severe, while respecting the independence of the judiciary.

And since we can walk and chew gum at the same time, the government can and should simultaneously bring appropriate legislation to prohibit and criminalise forced sexual intercourse in marriage.

All of that said, I know all too well that laws cannot and, therefore, will not change the human heart. Not even the 10 commandments can do that. Laws are given to govern conduct, not to transform hearts. Only God can transform sinful hearts, so while I will continue to call for changes to strengthen our laws, I will also continue to proclaim the gospel and pray for national repentance, remembering that righteousness exalts a nation, but sin is a reproach to any people.

PASTOR CEDRIC MOSS

Nassau,

April 5, 2022.