If a man forces his wife to have sex, he is guilty of rape. It was only two years ago that Mauritius figured that one out, after complaints that marital rape here is treated more like a fact of life than a crime (“You see, Madam, your husband has needs”). And so, an advisory committee recommended that “provision should be made in our law that rape includes marital rape”. Congratulations, Mauritius! A landmark victory… so isn’t it time to do what Seychelles just did, e.g. legalise anal sex between consenting adults? 

Yes. We wrote “anal sex”. Get over it. It’s not the end of the world. Whether you agree or not, one third of heterosexuals do it, according to surveys. Let us be rational instead of burying ourselves under the thick layer of embarrassment and judgment that up to now has made the sodomy law debate so toxic in this country. Just listen – no one is forcing anyone to promote, agree with, or have anal sex. That, exactly, is the point. No one has the right to impose anything on anyone when it comes to sex. And neither should it be the authorities’ business what consenting adults do in their bedrooms, as long as no one gets injured (and anal sex does not cause injury per se). 

Laws against sexual violence that concern adults cannot be based on anything but consent. To base them on the relationship between the people involved, or on the act in itself, is absurd on so many levels. It’s the equivalent of saying that a niece who opens her uncle’s wallet and takes out Rs1,000 does nothing wrong, but an aunt who does the same is a criminal. It would mean ignoring the basic fact that what would make that money a gift or stolen property is whether the man agreed. 

It continues to insult homosexuals, this legislation which isn’t even a Mauritian-made law but a leftover from the colonial days. Every time homosexuals make love, they commit a crime in the eyes of the law. Granted, homosexuals usually don’t have to go to court or pay a fine after making love – but it’s only because they don’t report each other to the police. 

This law puts everyone who practises anal sex in potentially dangerous situations, regardless of their sexual orientation. A routine visit to the family doctor or gynecologist becomes a dilemma. Should they lie about their sexual practices, and risk a misdiagnosis? Or, tell the truth, and thereby admit that they are… criminals? 

There is something fundamentally wrong in a country where people don’t dare be honest with their doctors. But then again, perhaps the Mauritian “discovery” of marital rape was enough progressiveness for a single decade. We’ll talk again in 2020. Until then, remember that as things stand, it’s the authorities’ business what you do in your bedroom. 

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