Marital rape or spousal rape is the act of sexual intercourse with one’s spouse without the spouse’s consent. This is the most hienous crime. The consent of the other person is of utmost importance. The issues of sexual and domestic violence within marriage and the family unit, and more specifically, the issue of violence against women, have come to growing international attention from the second half of the 20th century. Still, in many countries, marital rape either remains outside the criminal law, or is illegal but widely tolerated. Laws are rarely being enforced, due to factors ranging from reluctance of authorities to pursue the crime, to lack of public knowledge that sexual intercourse in marriage without consent is illegal. Most countries criminalized marital rape from the late 20th century onward.
Marital rape is more widely experienced by women, it violates a woman’s right.
It affects the dignity of one of the spouse even the family’s morals, values and ethics will be questioned at the time of marital rape. The people with orthodox mentality consider marriage as a license to rape and they think it is okay to do so. Such people are needed to be made aware and strict action must be taken against them in order to improve them and see to it that they don’t repeat it all over again anytime. It is also considered as a criminal offense. Many of such cases never come up as the wife thinks it will affect her as well as her family’s dignity and the men keeps on taking advantage of the same. Not only this but also a wife thinks regarding the upbringing of her children if she is financially unstable and is in lack of family support. Such rapes must also be considered like any other rape and strict as well as quick action must be taken against it. A husband is infact considered to protect her wife in all ways.
A husband can be jailed for beating up or abusing his wife but not for raping her. Why is it a crime for a man to physically assault his wife but not sexually? This problematic distinction comes from the fact that it is assumed that a wife’s sexuality is her husband’s property.
It infringes the rights laid down in article 14 and 21.
It’s truly regrettable that we are still debating whether or not a married woman has rights over her own body. Most developed and developing countries around the world have criminalized marital rape.
It is highly important that by now strict and clear laws that is non debatable and non challengeable, must be amended considering it a crime equal to any other crime.
Prevailing gender stereotypes makes it difficult to afford marital rape the same legitimacy or validity as other forms of sexual violence.
it is still unclear whether marital rape is covered by the ordinary rape laws, but in some it may be covered by general statutes prohibiting violence, such as assault and battery laws.
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