VIDHIGYA: The Journal of Legal Awareness
  • Year: 2022
  • Volume: 17
  • Issue: 1and2

Marital Rape

Assistant Professor, College of Law, IIMT University, Meerut, Uttar Pradesh, India

Online Published on 18 October, 2023.

Abstract

Marital rape, the act of non-consensual sexual intercourse perpetrated by one spouse against the other, is a deeply concerning issue that raises significant legal, social, and ethical questions. This abstract aims to provide a concise introduction to the idea of marital rape, emphasizing its status as a violence of human rights within intimate relationships.

Marital rape challenges traditional assumptions about the sanctity of marriage and brings attention to unequal Systems of authority that exist within intimate partnerships. The absence of consent and the use of force or coercion when it comes to sex undermine the fundamental principles of autonomy, bodily integrity, and respect within a marital context. While legislation and societal attitudes regarding rape have evolved, violence against spouses has typically been downplayed or even legally exempted due to societal beliefs that marriage implies perpetual consent to sexual activity.

This abstract highlights key aspects related to marital rape, including the historical context of its legal treatment, the consequences for survivors, and the measures taken to fix this problem. It examines the legal frameworks in different jurisdictions, illustrating the varying degrees of recognition and criminalization of marital rape worldwide. Furthermore, it discusses the psychological, physical, and emotional effects experienced by survivors, highlighting the profound impact of marital rape on their overall well-being and relationships.

Efforts to combat marital rape have gained momentum globally, with advocacy groups, policymakers, and legal institutions actively working to change attitudes, provide support for survivors, and establish comprehensive legal protections. The abstract explores some of these initiatives, such as awareness campaigns, legislative reforms, and the importance of education to challenge societal norms and beliefs surrounding marital rape.

By shedding light on the topic of marital rape, this abstract contributes to the ongoing dialogue regarding human rights, gender equality, and the recognition of sexual autonomy within the confines of marriage. It underscores the need for a collective response to address the complex dynamics associated with marital rape, including legal reform, social support, and a broader cultural shift that promotes consent, equality, and dignity within strong intimate relationships.

Keywords

Marital Rape, Society, Marriage, Legislation