Marital rape is a crucial matter that is often not acknowledged, and it touches upon legal, cultural, and societal factors. From the perspective of the law, many countries still do not have clear laws that make marital rape a crime, which is a major issue for survivors who are struggling to get justice. This is further exacerbated by the cultural beliefs that often consider marriage as an unquestionable bond of control, which implies that consent is always granted and therefore, no violations take place. Such opinions are the underlying causes of the harmful stereotypes that include the normalisation of abuse within relationships.
Besides, the societal stigma around marital rape silences the victims, thus subjecting them to a state of isolation or shame; consequently, the victims are discouraged from speaking out or seeking help. This article then delves into these interrelated aspects; therefore, it also explores the fact that the outdated legal frameworks, cultural, and sustaining marital rape, and the stigma that surrounds the issue. It raises demands for legal reform, cultural transformation, as well as widespread public awareness in creating a society where the cornerstone is consent and all victims are supported, protected, and empowered.
How the Law Defines Marital Rape
The Bhartiya Nyaya (BNS) 2023, which aims to replace the INDIAN PENAL CODE (IPC) Section 63, defines rape but retains the marital exception: Nonconsensual sexual intercourse by a man with his wife is not considered rape if the wife is 18 years or older. This provision upholds the assumption of implied consent within marriage despite criticism from activists advocating for its removal.
How Marital Rape Differs from Other Forms of Rape
Marital rape is entirely different from the rest because it has its own distinct legal and cultural context. Legally, the majority of countries either do not criminalise marital rape or exempt it based on the ancient belief that marriage implies consent forever. In contrast, other types of rape laws are usually more specific and applicable, making consent a necessary condition in any situation. In culture, marital rape is often viewed as the wife’s ‘duty’ to the husband, and thus, it is normalised. Different from other survivors, the victims of marital rape endure the strongest stigma, as their trauma is taken for a personal issue or a failure to fulfil the spouse’s obligations. Hence, this view makes reporting and the legal process of justice much harder for them. Moreover, survivors of marital rape normally endure some peculiar obstacles, such as intimate relationships, financial dependency, and family pressure, which are less frequently present in other forms of rape.
Marital Rape: Legal Perspective under International Law
Marital rape is commonly known as when a partner in a married unit has non-consensual, sexual relations with the other spouse, who might be a male or female. Marital rape occurs when either of the marital partners tries to force the other into having sexual relations against their wishes. Marital rape is viewed as a domestic violence offence as well as an act of sexual violence.
In previous times, it was thought that having sexual relations with your spouse fell under something known as ‘marital rights,’ however, over time, many cultures have seen the light, and sex meant to be consensual among marriage now falls under the realm of rape. It is different in the case of marital rape; some countries have made marital rape an offence, while some have conflicting views. America, other Western nations, the USA, the UK, and Australia regard marital rape as an offence.
When we consider the Middle East and North Africa, such as Saudi Arabia, UAE, and Egypt, they have often regarded marital rape as legal or neglected its consideration. When we analyse Asia, particularly India and Japan, there is a diversity of views among them, where some have recognised it in limited forms. When we move attention to Latin America, Brazil, Argentina and Mexico in particular, all of them conceive marital rape to be, in general terms, a criminal offence. Regarding Africa, especially South Africa and Nigeria, they present a diversified picture where some are inclined to generalise the concept and others are not.
Challenges in Framing Legal Provisions
Enforcing laws against marital rape presents a range of complex challenges we have to face so such challenges like legal, cultural and social factors.
Firstly, we talk about legal challenges in many countries where marital rape is not criminalised or is treated differently from other forms of rape. some legal systems still regard marital rape as a private matter rather than a criminal offence, which leads to limited resources for victims.
After legal challenges, we talk about cultural and social stigma in societies where marriage is viewed as a sacrosanct institution, bringing a case against a spouse for rape is often heavily stigmatised. people also face a lack of support, evidence challenges, proof of evidence, perception of consent in marriage, etc. In a marital rape, people face many legislation challenges.
Cultural, Historical, and Religious Perspectives
Marital Saudi rape is viewed differently depending on the voracious context of the cultures, or in this case, the religions. In many cultures, as can be seen when looking upon history, many cultures never recognised rape in terms of marriage, and this was because marriage was considered to be an implied consent. One such factor was the so-called and that period was paternal societies and people have the opinion that wives were often regarded as possessions or as inferiors, which underpinned the belief that the husband had complete ownership over the wife and her body.
As time settled, there emerged in our history the women who started their protests demanding equality during the 20th century. The feminist movement came to face challenges regarding women’s sovereignty over themselves and their bodies. Speaking from the religious perspective, Christian teachings put it in a wife’s duty to honour and submit to her husband with verses like Ephesians 5:22-24 as a backup.
In recent decades, such a Christian perspective has trended towards advocating for both parties’ consent and denouncing spousal abuse.
In classical Islamic jurisprudence, it was mainly a Stoic view of the rights and duties of marriage, giving sexual power to the man over the woman. In modern times, this view is challenged with many pointing to Islamic readings on the ideas of mutual respect and consent.
Cultural Attitudes
In Western Societies, marital rape has been increasing and recognised as a crime over the past 50 years, but culture and social stigma and victim blaming still persist. In many South Asian societies, marital rape is still not recognised as a crime due to deep-rooted cultural beliefs about a wife’s “duty” to her husband. In Global trends, the rise of global human rights frameworks and feminist activism has brought increasing attention to marital rape, shifting cultural attitudes in many regions.
Social Stigma and Obstacles to Justice
Social Stigma Surrounding Marital Rape:
The social shame of each ball out of society just despises such jolts that happen. It is a major obstacle on the way to identification, reporting and justice for victims that maintains the processes of abuse going. Victim-blaming Survivors of marital rape are frequently blamed for their victimization: She must have provoked him she wasn’t fulfilling her wife duties; she should not say anything to save the marriage And Excerpts from the report said in many communities survivors of marital rape afraid to come out and talk as it can lead them to ostracization or locked away into their house. Divorced or separated women, especially in religiously conservative societies, are ostracised, and this makes it complicated for the survivors of abuse to extricate themselves from an abusive marriage. The Social Stigma and Psychological Impact of the social stigma surrounding marital rape compounds the trauma experienced by survivors, resulting in a complex psychological Guilt, Shame & worthlessness. Fear of judgement or not being believed, and reluctance to seek help. PTSD, anxiety, depression (long-term mental health).
Addressing Marital Rape: Suggested Reforms and Action Steps
Actionable Legal Reforms for Addressing Marital Rape:
It is imperative that we implement significant legal reforms, such as the criminalisation of marital rape, which involves amending existing laws to clearly define marital rape as a criminal offence. Furthermore, we must eliminate any clauses or exemptions that protect marital rape under the pretence of marital privilege or implied consent due to marriage. In addition, we should repeal obsolete laws that are rooted in outdated beliefs, which suggest that marriage grants unconditional rights over a spouse’s body. However, achieving these reforms will require collective effort and a commitment to justice.
Educational Campaigns:
Public awareness initiatives are essential for altering deeply entrenched cultural norms, dismantling the silence that envelops marital rape and nurturing a society in which consent is universally acknowledged. We will explore several strategies related to educational campaigns, such as focusing on Consent Education, which involves redefining consent and educating individuals that consent is neither automatic nor implied within the institution of marriage. Employing slogans like “Marriage is not a license, Consent matters in all relationships” is pivotal. Additionally, conducting workshops and training sessions in schools, workplaces, and community centres facilitates discussions on consent, autonomy and relational boundaries. Some critical strategies include leveraging media and technology, alongside targeted community outreach, to effectively engage diverse audiences. However, the success of these campaigns hinges on a collective commitment to fostering understanding and respect for consent.
CONCLUSION
It is essential to understand and combat marital rape on all levels if human dignity, equality and justice are to be ensured within marriage. It refutes the idea that consent is immaterial in the context of marriage and combats violent cultural sexual norms that are taking over abusive marriages. Recognising the crime of marital rape, along with creating institutional mechanisms and educating the public, helps in empowering the survivors, reducing stigma and increasing respect for autonomy. It is not only a legal but rather a social problem which calls for the responsibility of the state, the institutions and society at large. Imposing dignity and respect on the rights of the victims within marriage is a basic ethical requirement. As one, we can build a society where mutual appreciation and agreement will be the basis of every relation.
