Marital rape has been defined in various ways depending on how an individual perceives it. Individuals considering marital rape as a crime frequently define it as a non-consensual sex in which perpetrator and victim are spouses (Bennnice & Resick, 2003). Some authors have also defined it as a form of rape, sexual abuse or domestic violence. Some individuals, especially those who do not view it as a crime, frequently refute the existence of marital rape, but acknowledge the presence of their conjugal rights. Once widely ignored or condoned by legal frameworks, marital rape seems to be disclaimed by international conventions and is increasingly being criminalized (Frank, Camp, & Boutcher, 2010). In many nations, marital rape is either legal or illegal but widely condoned with laws opposing it being rarely enforced.
Citizens are confused concerning the legal status of marital rape. Criminalization or decriminalization of marital rape has benefits and advantages linked to it. A study conducted in the 1980s revealed that only 35 percent of Texas residents were in favor of Texas having a law that allows wives to sue their husbands for rape (Kirkwood & Cecil, 2001). Current paper is of the view that marital rape should be criminalized. Most nations are currently seeking for a common ground that does not victimize any party in marriage. In this regard, the paper discusses whether marital rape is a crime or a conjugal right.
According to some married men, criminalizing forced sex is not a part of their values (Plichta & Falik, 2001). However, women have constantly thrown their weight behind the criminalization of marital rape. According to these women, the inclusion of marital rape in the constitutional laws would significantly reduce wife abuse in marriages and further strengthen the enforcement of laws against rape. Marriage is an institution that significantly depends on values. As a result, criminalizing forced sex is likely to affect the values bestowed to marriage (Kirkwood & Cecil, 2001).
[...] The criminal justice system should be fair to both women and men. A criminal justice system that favors only men while oppressing women promotes recurrences of sexual assaults. References Bennnice, J., & Resick, P. (2003). Marital rape: History, research and practice. Trauma, Violence and Abuse 228-246. Frank, D. J., Camp, B., & Boutcher, S. (2010). Worldwide trends in the criminal regulation of sex to 2005. American Sociological Review, 867–893. Kirkwood, M., & Cecil, D. (2001). [...]
[...] This is because the perpetrator is not a stranger but a spouse who can easily be punished. Decriminalizing marital rape encourages sexual violence in marriages. In certain nations, the legalization of marital rape, together with the social or legal acceptance of child marriage, results in severe forms of child sexual abuse. Marital or spousal rape should be criminalized because the social perspective from which people view marriage has changed dramatically. According to Bennnice and Resick (2003), the original justification for the decriminalization of spousal rape was basically the manner in which marriage was historically understood. [...]
[...] It may involve anything from the violation of human rights to bedroom matters which need to be private. Kirkwood and Cecil (2001) also pointed out that marital rape is basically a contentious issue that attaches itself to marriage bull and has nothing to do with crime. In addition, criminalizing marital rape is unnecessary because the current law also covers it sufficiently. It needs to be considered as a crime and not as a form of rape. Rape is rape despite being conducted within marriage, and therefore a new law would be redundant (Plichta & Falik, 2001). [...]
[...] Allowing spousal rape is likely to oppress and demean women. It will affect certain progresses made towards ensuring gender equality. Moreover, rape has traditionally been viewed as a crime outside marriage and courts did not apply rape laws to forced sex between partners (Bennnice & Resick, 2003). The society has transformed significantly with new social problems arising each day. Criminalizing spousal rape will significantly address the problem and strengthen marriages. According to Bennnice and Resick (2003), the fact that a spouse has rights does not imply that the other spouse cannot say no. [...]
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