Criminalization Of Marital Rape In The United States

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Introduction
Basic definition of Rape says that is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration against a person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority

Marital rape in United States law, also known as spousal rape, is non-consensual sex in which the accused is the victim's spouse. It is a form of partner rape, of domestic violence, and of sexual abuse. Today, marital rape is illegal in all 50 US states.

Types of marital rape-
1. Battering rape-women experiences both physical as well as sexual violence in relationship in various ways.
2. Force-only rape-husband only uses that amount of force necessary to coerce the wife …show more content…

The law commission, while making its 172nd report on 'Review of Rape Laws' in March 2000, did not recommend criminalization of marital rape.

Justice J.S. verma committee-marital rape shall be criminalized, marriage should not be considered as an irreparable consent to sexual acts.

Basic definition of rape- it is not only the sex which is involved in rape rather breach of basic human right and mental trauma which constitutes a rape.
The question over here arises Does a women loses basic human rights after marriage

Marital rapes should be considered as a crime and the punishments should be given accordingly. This becomes effective by the fact that where a husband causes some physical injury to his wife, he is punishable under the appropriate offence as per the provisions made under ‘Domestic Violence Act’ and the fact that he is the husband of the victim is not an extenuating circumstance recognized by law; if so, there is no reason why concession should be made in the matter of offence of rape/sexual assault where the wife happens to be above 16 years.

In India cruelty is a ground for divorce but marital rape is not

Stats-Around 90% of rapes in India are unrecorded rapes in which marital rape has a big share. …show more content…

• The traditional view of wives as the property of the husbands with which they could do as they want under common law, and
• The public interest in promoting privacy and harmony in marital relationships, which discouraged the state from getting inside the relationships.

• The marital rape exemption became more widely viewed as inconsistent with the developing concepts of human rights and equality. Feminists have worked systematically since the 1960s to remove the marital rape exemption and criminalize marital rape. Increasing criminalization of spousal rape is a part of a worldwide reclassification of sexual crimes "from the offenses against morality, the family, good customs, honor, or chastity ... to offenses against the liberty, self-determination, or physical integrity." In December 1993, the United Nations High Commissioner for Human Rights published the Declaration on the Elimination of Violence against Women. This says marital rape as a human rights

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