History of rape One of the origins of the concept of a marital exemption from rape laws a rule that a husband cannot be charged with the rape of his wife is the idea that by marriage a woman gives irrevocable consent for her husband to have sex with her any time he demands it. Also, American and English law subscribed until the 20th century to the system of coverturethat is, a legal doctrine under which, upon marriage, a woman's legal rights were subsumed by those of her husband. FeenstraU.
Criminalization of marital rape — A boon or a bane This paper discusses whether criminalization of marital rape is the most suitable solution for protection of married women in India. Legally, Indian women are divided into three categories based on their marital status-single or divorced, Legally, Indian women are divided into three categories based on their marital status-single or divorced, separated and married1.
While the first two categories are protected from rape, the law creates an exception for the last category.
|Trauma Information Pages * Comprehensive Resources on Traumatic-Stress, PTSD & Dissociation||Site should be in better shape by fall.|
Legal protection from marital rape is only accorded to married women below 18 years of age. I intend to draw the attention of the reader to two points with respect to the legal immunity awarded to the husbands-One, the absence of recognition of the possibility of non-consensual sexual intercourse by a man with his wife who is above 18 years of age and second, the reluctance of the judiciary and the legislature to interfere in the holy institution of marriage.
Criminalization of marital rape in India is perceived by many to result in criminal reform.
In the backdrop of this, I argue that criminalization of marital rape will not be the " magical solution "instead, I believe that it will create more problems than solutions for women in India, bearing in mind the patriarchal society that we live in, the attitudes of the judges towards the institution of marriage and the " impossibility of proving marital rape.
This paper is divided into three parts. The first part discusses the current position of law on the issue of marital rape. The second part discusses the international obligations and the JS Verma Committee Report which has recommended criminalization of marital rape in India.
The third part explores the idea of including marital rape within the framework of domestic violence, as suggested by Flavia Agnes and analyses the viability of criminalization of marital rape. On October 11,the Supreme Court held this exception as unconstitutional and stated that " sexual intercourse with a girl child under the age of 18 irrespective of the marital status would amount to rape " 4 but refrained from commenting on the legal status non-consensual sexual intercourse between a man and his wife who is above 18 years of age.
Hence, the law, as it stands today, does not accord any protection from marital rape to women above 18 years of age. There are various international law obligations that support criminalisation of marital rape.
This support can be located in international laws that are both general and specific in nature.This paper is going to inform you about the facts and myths, what is marital rape, its "causes", the types of marital rape, and the psychological effects it has on women.
Marital rape known to many as "wife rape" is the term used to describe sexual acts committed without a person's consent and/or against a person's will, whether . Suggested Citation: Suggested Citation Goodwin, Michele, Marital Rape: The Long Arch of Sexual Violence against Women and Girls (May 26, ).
AJIL Unbound, Vol. , ; UC Irvine School of Law Research Paper No. World Health Organization (WHO), London School of Hygiene and Tropical Medicine and South African Medical Research Council, Global and regional estimates of violence against women: prevalence and health effects of intimate partner violence and non-partner sexual violence and Executive summary, WHO, Geneva, , accessed 29 April Click the button above to view the complete essay, speech, term paper, or research paper.
Need Writing Help? - "Marital Rape Rescue" Introduction This program will focus on D.A.R.T, a Domestic Violence Counseling Program, who specializes in spousal rape.
Victims of marital rape may find themselves left helpless and unaware of their .
This review of the literature on marital rape highlights its seriousness in terms of prevalence and posttrauma distress, as well as the limitations of extant research; barriers to treatment and recommendations for professionals are also included in the discussion.
Second, marital rape research is reviewed, including prevalence, descriptive, and comparison studies. This review highlights the seriousness of marital rape, in terms of prevalence and posttrauma distress, as well as the limitations of extant research.