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South African leader makes the case for land reform 'Relax': South Africa's leader makes the case for land reform, which inspired a Trump tweet. Bus accident in south India kills at least 55 people A bus carrying pilgrims from a Hindu temple in the hills of south India has plunged off a road, killing at least 55 people and injuring at least Iraqi man seeks release after long immigration detainment An Iraqi man accused of hiding his past as a member of an elite Iraqi military force is asking a federal judge in Minnesota to release him after As these laws exemplify, marital rape is seen as somehow less reprehensible than rape outside of marriage Bergen, Even when marital rape is prosecuted successfully, courts often pass shorter sentences - even if the law itself does not stipulate this - based on the view that sexual violation is less serious if it occurs within marriage.
Following this same understanding, British courts often pass lower sentences to marital rape than to other cases of rape because it is believed that it causes less harm to the victim Mandal, Police departments are another state institution that treats domestic violence differently than other forms of violence. Police often label domestic abuse calls as low priority, respond slower, and focus on what provoked the abuse rather than the violent actions of the perpetrator Schelong, Also, they often act as mediators in the situation because they may feel that domestic violence is a family matter and therefore not their business Schelong, While government institutional influences are vast, marital rape is often sustained by cultural ideologies.
According to Catharine MacKinnon and Andrea Dworkin, the issue of sexual violence, including within marriage, has not been a political spectrum issue - that is a left wing vs.
For many cultures, ideas of marital rape seem often foreign imposed and contradict the belief that such matters should be dealt with privately rather than by the government Smith, In other instances, notably in the country of India, members of the government have spoken publicly that marital rape cannot be recognized in their culture. The Indian Minister of State for Home Affairs, Haribhai Parthibhai Chaudhary , stated in April , "The concept of marital rape, as understood internationally, cannot be suitably applied in the Indian context due to various factors, including levels of education, illiteracy, poverty myriad social customs and values, religious beliefs, [and] the mindset of the society to treat the marriage as sacrament" Torres, For many other countries, the concept of marital rape is itself an oxymoron Smith, Women in these cultures largely "…share the cultural logic that marital rape is a contradiction in terms…" while men simultaneously "…see women's sexual consent in marriage as taken for granted…" and therefore "…reject the very concept of marital rape" Smith, The act of imposing sexual intercourse against the will of the wife is often not identified as morally wrong, and so it is difficult to attempt to stop the practice, "Often, men who coerce a spouse into a sexual act believe their actions are legitimate because they are married to the woman.
UN Women recommended the abolition of giving bride price, and stated that: Young women from various settings in South Asia explained in surveys that even if they felt discomfort and didn't want to have sex, they accepted their husbands' wishes and submitted, fearing that otherwise they would be beaten. This situation leaves women with very little sexual autonomy. The notion that women are sexually autonomous and therefore have the ability to give or retract consent is not universally understood.
Gabriella Torres writes, "The degree to which women and men view themselves as unique social beings with a full ability to make choices and suffer consequences varies by culture" Torres, As a result, in cultures where women are not considered autonomous, they are not in a position to refuse sex: According to Sheila Jeffreys , in Western countries, " sexual liberation " ideologies have aggravated the problem of male sexual entitlement, leading to women submitting to unwanted sex not only due to physical force or illegal threat, but due to societal pressure: The prohibition of rape serves other purposes, such as protection of the rights of male relatives or husband, enforcing of religious laws against sex outside of marriage, or preservation of a woman's respect and reputation in society.
Under such ideologies it is difficult to accept the concept of marital rape. Posner writes that, "Traditionally, rape was the offense of depriving a father or husband of a valuable asset — his wife's chastity or his daughter's virginity". In many cultures, marriages are still arranged for the purpose of procreation, property, and consolidation of extended family relations, often including a bride price or a dowry.
In such situations, marriages are pre-arranged as an affair between families and clans. In some cultures, refusal of an arranged marriage is often a cause of an honor killing , because the family which has prearranged the marriage risks disgrace if the marriage does not proceed.
In cultures where marriages are arranged and goods are often exchanged between families, a woman's desire to seek a divorce is often viewed as an insult to the men who negotiated the deal. However, the fact that people in developing countries are increasingly selecting marriage partners by whether they are in love — a much more Western world view — does not necessarily improve the situation. These types of marriages, especially in southeastern Nigeria, are putting women in more difficult positions: The paradisaical narrative of man and woman in Genesis establishes a foundation of marriage:.
And likewise the husband does not have authority over his own body, but the wife does. Do not deprive one another except with consent for a time, that you may give yourselves to fasting and prayer; and come together again. On the standing of each party to determine how this biblical principle--denial of conjugal relations--was to be effected was codified as an ecclesiastical canon in A.
The Christian religion teaches that pre-marital sex is fornication , and sexual relations by a married person with someone other than his or her spouse is adultery , both of which are sins , while sex within marriage is a duty. This concept of 'conjugal sexual rights' has the purpose to prevent sin in the form of adultery and temptation as well as to enable procreation.
The above is interpreted by some religious figures as to render marital rape an impossibility. Further, Pentecostal Christianity prescribes gender expectations for married individuals that "…reestablish a patriarchal bargain…" in which "…women acquiesce to men's authority in return for certain kinds of support" Smith, Husbands are expected to provide for the family, and in return, wives are to submit to their husband's authority Smith, Ultimately, this "…strengthens some of the gender dynamics that make intimate partner violence possible in the first place" Smith, By contrast, Pope Paul VI in his encyclical letter Humanae vitae wrote that "Men rightly observe that a conjugal act imposed on one's partner without regard to his or her condition or personal and reasonable wishes in the matter, is no true act of love, and therefore offends the moral order in its particular application to the intimate relationship of husband and wife.
In other areas around the world, religion is intertwined with the state and directs how people are governed. In Pakistan, there is legal pluralism where the state's legal system intertwines secular and religious law of Islam Bovarnik, This religious aspect of Pakistani law has many implications for marital rape.
Silvie Bovarnik argues that "This law hence scrutinizes women's sexual behaviour by criminalising sex outside and decriminalising rape within the context of marriage, while failing to protect women from sexual violence in both contexts. Religious ideologies emphasize a woman's honor, specifically, her virginity Bovarnik, In general, "…women are traditionally conceptualized as the property of and a symbol of honour for her own family and later that of her husband.
In addition, Islamic norms have traditionally placed restrictions on women's behavior Bovarnik, Women are to stay at home, please the men in one's family, raise the children, and to not become involved with the world outside the home Bovarnik, As a result, having no connection with the world outside one's family may isolate women victims of marital rape.
Unlike Pakistan, the country of Sudan is ruled by Islamic law; there is no legal pluralism Tonnesson, In Sudanese Islamic law, there is an understood exchange in marriage: A man is responsible for providing adequate support food, shelter, etc.
This follows the notion of qawama which states that male guardianship is ultimate and therefore a women's role is to obey her male guardianship Tonnesson, In reference to marital rape, religious law in Sudan has implications for divorce. Under Sudanese Islamic law, disobedience from a wife is grounds for divorce, but a husband raping his wife is not Tonnesson, Due to this understanding of a contractual exchange between husband and wife, forcing a wife to have sex without her consent is not considered rape Tonnesson, However, activists with opposing views argue that consent is central to Islam Tonnesson, Abdel Halim argues that without consent, "…a sexual act loses its legitimacy" Tonnesson, In India, classical Hindu law defines the state's understanding of marriage.
Therefore, marriage is "not viewed as a contract but as a sacrament" Mandal, This understanding is the basis for the lack of criminalization of marital rape. India's religious context defines marriages as "divinely ordained" and therefore the "…rights and obligations of spouses in conjugal relations [are] beyond the scope of regulation by criminal law" Mandal, In other words, criminal law cannot touch that which is deemed sacred under the Hindu religion.
As a result, marriage, divorce, adoption, inheritance, and other family practices are governed by religious law of each community Mandal, However, this statement is controversial because legally marriage any person who is a Hindu, Buddhist, Jain or Sikh by religion is governed by The Hindu Marriage Act, in India, which has provisions to prohibit possession of multiple wives, and has a provision of divorce similar to other western marriage laws.
These both provisions was not existing in classical Sanskrit law. This law faced religious opposition but yet implemented the government at that time. The law is now widely acceptable, and implemented in present Indian society.
Therefore, stating "In India, classical Hindu Law defines the states understanding of marriage" can be a misleading statement. Another sustaining factor is the obligatory roles placed on wives and what they come to understand as their "duty". Their "duty" is to maintain family harmony and happiness Kwiatkowski, Further, because many of these women believe giving sex is their duty, they do not characterize their experience as marital rape Bergen, However, "…women who have experienced forced sex in marriage understand this experience as an abuse or violation", they just may not characterize it as marital rape Torres, On the other hand, husbands are influenced by the expectations of their masculinity.
In Africa, these expectations include being a husband, father, and head of the household which requires men to provide food, shelter and protection Smith, Along with this "…obligation of being the provider comes the privilege and authority of patriarchy" Smith, As a result, it is often the man's perception that his wife has challenged his authority that leads to the violence Smith, In the United States, masculinity is understood as a fixed entity that exists despite the changes of everyday life Connell, It is understood as being in comparison to femininity, and more specifically, in opposition to femininity: Masculinity is to superiority as femininity is to subservience Connell.
Therefore, masculinity is correlated with aggression in such a way that scholars argue violence is a way for men to show their masculine identity Umberson et al. Another expectation of masculinity is that men are not to show their emotion Umberson et al. Instead, as Robert Connell argues, the "masculine prototype" is a strong and stoic man who appears to remain in control of the situation and his emotions Umberson et al. This sense of control in Western masculinity has direct implications for domestic violence.
Scholars argue that some men use violence to regain this sense of control when it is lost Umberson et al. However, not all men who subscribe to masculinity expectations are violent. In fact, most men, in general, are not violent Umberson et al.
For those who are violent, ideals of masculinity seem to play some causal role in their violence. Research shows that "violence is more likely among men who experience a disconnection between their personal circumstances and their emotions" Umberson et al. Evidently, there seems to be some connection between the masculine expectation of suppressing or disconnecting from one's emotions, and one's tendency to be violent Umberson et al.
Although marital rape is not always defined as such in different cultures, there is a universal understanding of the violation that comes with rape. The criminalization of marital rape does not necessary mean that these laws are enforced in practice, with lack of public awareness, as well as reluctance or outright refusal of authorities to prosecute being common in many countries.
For instance, in Ireland, where marital rape was made illegal in , by there had been only two persons convicted of marital rape. In many countries, most often, in practice, there will be no prosecution except in extreme cases that involve a very high level of violence. There have been many problems with prosecuting the perpetrators of spousal rape, chief amongst them has been the reluctance of the various legal systems to recognize it as a crime at all.
However, criminalization has opened a new set of problems. While most parties agreed with the House of Lords' motive in making the decision, there were many who were of the opinion that the decision involved post facto criminalization, since the House of Lords were imprisoning spouses for doing what was once, according to the law, their right.
Another problem results from prevailing social norms that exist in certain cultures. In order for any law to be successfully enforced, the acts which it prohibits must be perceived by society as abusive. As such, even if a jurisdiction enacts adequate laws against marital rape, in practice, these laws are ignored if the act is not socially considered a crime.
For example, in many parts of the world, where women have few rights, it is considered unthinkable for a woman to refuse her husband's sexual demands; far from being seen as an act of abuse of a wife, marital rape is seen as an incident provoked by the wife who refused to perform her duty: Other problems arise from the fact that, even in countries where marital rape is illegal, many people are not aware of the existing laws.
Because in most parts of the world marital rape laws are very new, many people do not know of their existence. In many cultures, traditional ideas about marriage are deeply rooted in the conscience of the population, and few people know that forcing a spouse to have sex is illegal.
A report by Human Rights Watch stated that: Relationship dynamics, emotion state, and domestic violence: A stress and masculinities perspective. Journal of Marriage and Family, 65 1 , Sexual coercion in gay male and lesbian relationships: Predictors and implications for support services. The Journal of Sex Research, 26 1 , Understanding Marital Rape in Global Context. Oxford University Press, From Wikipedia, the free encyclopedia. This article is about rape within marriage.
For rape before marriage, see Marry-your-rapist law. Rape in English law. Marital rape United States law. Effects and aftermath of rape. This article's factual accuracy is disputed. Relevant discussion may be found on the talk page. Please help to ensure that disputed statements are reliably sourced.
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Archived from the original PDF on Archived from the original PDF on 7 July Archived from the original PDF on 12 September Human rights violations and concerns in the context of counter-terrorism, immigration-detention, forcible return of rejected asylum-seekers and violence against women" PDF. Retrieved 14 June School-based consent education won't stop sexual violence".
Also see the Explanatory Report, para , para and para Retrieved 14 July Russian women in politics and society. Marital rape was explicitly included in the code. Sexual subordination and state intervention: Law and law reform in England, the United States, and Sweden". Rape and the legal process 2nd ed. Archived from the original on 29 April Retrieved 21 December Still a forgotten issue" PDF. Actual Jurid Aranzadi Archived from the original on 17 February Retrieved 26 April Committee Stage Resumed ".
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