Anguilla has changed its sexual offence legislation to remove a marital rape exemption and make the definition of rape and other provisions gender neutral.
The Anguilla House of Assembly passed amendments to the Bill for Criminal (Amendment) Code, 2026 during a sitting on 29 September.
The decision came after Attorney General Rachel Spearing KC presented the bill to amend Part 14 of the Criminal Code on 22 September and it went through the committee stage over the two days.
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The bill abolishes the common-law exemption that previously prevented a husband from being convicted of raping his wife except in certain circumstances.
It also removes gender-specific wording throughout and adopts gender-neutral language to ensure that the statutory language applies equally to everyone.
Greater safeguards
On presenting the bill, the attorney general told members that it is an important reflection of society in Anguilla.
“It’s ensuring the equality with gender neutrality, recognising that the law should apply both equally to men and women, but also to safeguard against sexual harm and violence,” she said.
“These amendments seek to protect women and girls and ensure that there is clarity – that rape is rape, regardless of a relationship between persons.
“And the bill also amends safeguarding for vulnerable persons to ensure that if there are persons with mental incapacity or capacity issues of impairment, that for these reasons, the law must clearly relate to all.
“When considering consent, it must be truly and freely given.
“These amendments are also important to protect greater safeguards for those who may be trafficked, and for harm to people who could be seeking to exploit their sexual use or cause them to be married.”
An involved process
Social development minister Shellya Rogers-Webster, rising in support of the bill, said the amendments followed extensive public consultation led by the Gender Affairs Unit.
She said the meetings were held at the parliamentary building late last year, alongside additional requested discussions.
The Gender Affairs Unit also produced a detailed brochure explaining the proposed changes and what they would and would not do, Rogers-Webster said.
The minister added that some changes to the legislation emerged directly from the consultation process, including the move towards gender-neutral wording.
“So if a male could be convicted of something, a female could also be,” she said, adding: “So we think that the consultations were quite successful.”
The bill passed through the second reading, committee stage and third reading with amendments before being passed unanimously.
