Criminalizing Marital Rape

by kaylaleonard on December 3, 2017 - 12:02pm

Should marital rape be criminalized? This article highlights why it should be. It shows how one out of every five married men in India has non-consensual sex with their wives. Marital rape is not an offense in India under Section 375 of the Indian Penal Code. This code protects men, who won’t get tried for raping their wives. The center opposed to having a law against marital rape because they believe it could cause harassment against husbands. The supreme court is pulling a petition where a law would be put in place that would not apply to sexual assault or rape by husband on the wife if she was over 15 years old. Anyone younger is protected under the law. A supreme court advocate Dr. Colin Gonsalves wants to criminalize marital rape because a women walked into his office brutally beaten up and brutalized for many years on a daily basis, so he had decided to pick up her case and help defend her. The article then states that criminalizing marital rape could become misused. It could be misused in a way when courts are unable to catch or prove a case, for example, such as a false rape accusation. The article also states the link between sexual anatomy and the right to privacy, meaning how some people can say that since if you get married to someone, they should be able to have sex with you as many times as they’d like to. Another point brought up in this article is why women don’t speak up more. A reason is that since women are married to their husbands, they see them every day, therefore they could be subjected to harm at any time. The biggest concern is that what will happen to these women after they confess. The big question that is standing is why the prime minister won’t stand up to this law and enforce it. In my opinion, no type of rape is okay. Sex should always be 100% consensual, and if it’s forced, it should be criminalized. Women are scared to stand up against their husbands because they could face some serious harm. The government should be standing up for the rights of women, as well and punishing acts that should be punished. Regardless if a woman is in a relationship, a woman has the right to say no at any and every time she doesn’t consent to have sex. Being with someone doesn’t mean you owe them anything. Marriage is a partnership which means both sides should be equally respected. Rape is rape and shouldn’t be treated as less.

 

Comments

Hi, I have been doing some research on the matter after a book I read online. The title of your post and the picture attracted my attention and before I knew it, I finished reading your post. regarding your position on the matter, I agree with you. I believe that just because you are the wife or husband of a person they cannot get away with sexual abuse and as you said rape is rape. The way I was raised, I have learned that just because you want something you cannot take it by force. My question is, why are wives who are over 15 years old not protected in the new law?

Unlike here in Canada, rape is a much bigger problem in countries like India. You can't just put an age limit when debating if it's rape or not. The way i see it is no matter the age or size or whatever aspect your looking at, if a male or female forces another being into sexual intercourse it is rape. Why should there be an excuse if you're in a loving relationship? You should never put your hands on your partner in ways they do not want. I understand marriage in India is much different from here in Canada, and i think laws should be put into place that protect the females. The way the law is described is completely in the favour of men, and has probably not been looked at since it was made. It's time to protect these rape victims with some new laws.

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