Myth 8: Women are obliged to have sex with their husbands once they are
married
Reality: The Crimes Act 201325 removes the specific exemption of marital rape
contained within the Crimes Ordinance 1961. This means that rape within a
marriage is a criminal offence, punishable by up to life in prison.
Marital rape is a crime in Samoa and amounts to inhuman treatment under the Constitution or human
rights and is totally contrary to the Fa’asamoa. It is often part of a pattern of violent and abusive
behaviour, as in the case of Destiny. The Report has highlighted time again how the Fa’asamoa is based
on the principles of reciprocity and mutuality. There is a strong and valid reason for this and it is because
those very values lose all meaning if they are only demanded and not offered in return. How is the
protection of any person, spiritual or physical, going to be sustainable if that person demands it at the
expense of the same for others? Marital rape is one of the most severe violations of the Fa’asamoa and
of the principle of mutuality, respect, protection and love. Therefore, widespread understanding of
marital rape is required to ensure the coercive nature of this type of behaviour is recognized and
addressed.
Case Study 14: Eteuati Ete, the Laughing Samoan26
Eteuati is one half of ‘the Laughing Samoans’, a much loved comedy duo who have
been putting a smile on people’s faces for years. He also used to beat his wife,
Mele.
“There was a violent side to Ete,” Mele says. “But to the rest of the world he was
this charming, effervescent person.”
During their marriage there were several violent incidents, including once when
Eteuati punched Mele in the face while she was driving, leaving her with a severely
swollen black eye. The couple stayed together but lived apart for several years
before reconciling and once Eteuati has overcome his violent past. This has only
been possible through his acknowledgement that the violence was as a result of
his desire to control Mele.
“Publicly, people thought I was a funny guy, a great guy. But privately I was a guy
with anger issues. I thought I’m going to be a really sad old man, if I continue to
live in a controlling and violent way.”
25
See section 49(4) of the Crimes Act 2013.
Jared Nicoll. “Laughing Samoan confesses to his secret past as a wife-beater.” (21 November 2017). Stuff NZ. Retrieved from
https://www.stuff.co.nz/national/98722131/laughing-samoan-confesses-to-his-secret-past-as-a-wifebeater. Accessed 13
March 2018.
26