Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: Rape of men or women is illegal, but the law does not protect against spousal rape unless the couple is separated, in the process of divorce, or if there is a restraining order in place. The maximum penalty for an initial rape conviction is seven years. The maximum sentence for subsequent rape convictions is life imprisonment; however, the usual maximum was 14 years in prison.
Violence against women continued to be a serious, widespread problem.
The law addresses domestic violence under the Sexual Offenses Act. The government generally enforced the law, although women’s rights groups cited some reluctance on the part of law enforcement authorities to intervene in domestic disputes. The Bahamas Crisis Centre provided a counseling referral service and operated a toll-free hotline. The authorities, in partnership with a private organization, operated a safe house.
Sexual Harassment: The law prohibits criminal quid pro quo sexual harassment and authorizes penalties of up to B$5,000 ($5,000) and a maximum of two years’ imprisonment. During the year there were no official reports of workplace sexual harassment. The government does not have any permanent programs on sexual harassment but conducts campaigns and activities.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: The law does not prohibit discrimination based on gender. Women with foreign-born spouses do not have the same right as men to transmit citizenship to their spouses or children (see section 2.g., Stateless Persons).
Women were generally free from economic discrimination, and the law provides for equal pay for equal work. The law provides for the same legal status and rights for women as for men; however, women reported it was more difficult for them to qualify for credit and to own a business.
Birth Registration: Children born in the country to married parents, one of whom is Bahamian, acquire citizenship at birth. In the case of unwed parents, the child takes the citizenship of the mother. All children born in the country who are noncitizens may apply for citizenship upon reaching their 18th birthday. All births must be registered within 21 days of delivery.
Child Abuse: The law provides severe penalties for child abuse and requires all persons having contact with a child they believe has been physically or sexually abused to report their suspicions to police; nonetheless, child abuse and neglect remained serious problems.
The Ministry of Social Services provided services to abused and neglected children through a public-private center for children, the public hospital’s family violence program, and The Bahamas Crisis Centre.
Early and Forced Marriage: The legal minimum age for marriage is 18, although minors may marry at 15 with parental permission.
Sexual Exploitation of Children: The minimum age for consensual heterosexual sex is 16. The law considers any association or exposure of a child to prostitution or a prostitution house as cruelty, neglect, or mistreatment. The offense of having sex with a minor carries a penalty of up to life imprisonment. Child pornography is against the law. A person who produces child pornography is subject to life imprisonment; dissemination or possession of child pornography calls for a penalty of 20 years’ imprisonment.
The penalties for rape of a minor are the same as those for rape of an adult. While a victim’s consent is an insufficient defense against allegations of statutory rape, it is a sufficient defense if the accused had “reasonable cause” to believe the victim was older than age 16, provided the accused was younger than age 18.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
The local Jewish community was approximately 300 persons. There were no reports of anti-Semitic acts.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The law prohibits discrimination against persons with disabilities, including their access to education, employment, health services, information, communications, public buildings, transportation, the judicial system, and other state services. The government did not enforce these provisions effectively. The law affords equal access for students, but only as resources permit, as decided by individual schools. There were several special-needs schools in Nassau; however, on less-populated islands, children with learning disabilities often lacked adequate access. Special-needs schools on Grand Bahama and Abaco were severely affected by Hurricane Dorian.
A mix of government and private residential and nonresidential institutions provided education, training, counseling, and job placement services for adults and children with disabilities. Children with disabilities attended school through secondary education at a significantly lower rate than other children. They attended school with nondisabled peers or in specialized schools, depending on local resources.
According to unofficial estimates, between 30,000 and 60,000 residents were Haitians or persons of Haitian descent, making them the largest ethnic minority. Many persons of Haitian origin lived in shantytowns with limited sewage and garbage services, law enforcement, and other infrastructure. Authorities generally granted Haitian children access to education and social services, but interethnic tensions and inequities worsened after thousands of persons of Haitian descent were displaced by Hurricane Dorian.
Members of the Haitian community complained of discrimination in the job market, specifically that identity and work-permit documents were controlled by employers seeking advantage by threat of deportation.
The law does not provide antidiscrimination protections to lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals on the basis of their sexual orientation, gender identity, gender expression, or sex characteristics. Consensual same-sex sexual activity between adults is legal. The law defines the age of consent for same-sex individuals as 18, compared with 16 for heterosexual individuals. NGOs reported LGBTI individuals faced social stigma and discrimination.
The law prohibits discrimination in employment based on HIV/AIDS status. Children with HIV/AIDS also faced discrimination, and authorities often did not tell teachers a child was HIV-positive due to fear of verbal abuse from both educators and peers. The government maintained a home for orphaned children with HIV/AIDS.