/ Opinion Poll / Should marital rape be punishable?

Should marital rape be punishable?

Peoples Voice on April 30, 2015 - 1:07 pm in Opinion Poll

Marital rape (also known as spousal rape and rape in marriage) is non-consensual sex (i.e., rape) in which the perpetrator is the victim’s spouse. It is a form of partner rape, of domestic violence and of sexual abuse.

The Indian govt. has said that marital rape is inapplicable as marriage is considered sacred

Most parties united on No Legal recognition for marital rape.

Under the 1860 Indian Penal Code, the law on rape states that “Sexual intercourse by a man with his own wife is not rape

Section 375 of the Indian Penal Code (IPC) considers the forced sex in marriages as a crime only when the wife is below 15.

The Criminal Law (Amendment) Act, 2013, states: Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.

Rape is a form of violence. When done by someone known or unknown, its a crime

90% of women know the men who abuse them.

Some Women are concluding, its better to be raped than give an opportunity to husband for an extra marital affair.

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2 POST COMMENT
  • BooRadley

    What.

    You know what? My mother was raped by her husband for years. Somehow, we girls knew a bit about what was happening – the way she would cry in the toilet, arguments we overheard… little things. She told me about it during an argument once, too.

    She didn’t even know marital rape was a real thing, I don’t think. If there was actually a law against it, perhaps she might have realised what was going on and asked for help.

    You say women will use the law against men. But the evidence is that already, domestic violence laws result in few false allegations, no matter what certain groups claim. Why deny women a law that protects them from rape?

    Men being denied protection from violence is an issue that many feminist writers discuss. It is just as much a part of patriarchial discourse as it is a failure of feminism. If we stop being all us-against-them and help each other end this tragedy, I am sure things can change.

  • Andromeda Hadouken

    I’m undecided on this.

    What I know for sure is that if a woman refuses sex to her husband without a good reason, he should have have no obligation to pay for her upkeep. A man should be able to divorce a woman who refuses to care for his sexual needs without having to be fearful of all he will have to pay her after the divorce. THAT is what should be addressed.

    If it is his duty to provide for her, it is her duty to provide sex.
    If she refuses sex, he should have the right to refuse maintenance.

    However, if a woman refuses sex, and he forces it upon her, I would still call it rape. If there is violence or threats involved, it should DEFINITELY be charged. If it was non-vaginal, it should be charged as well.

    The problem with making marital rape an offense is the amount of wives who would suddenly use this against their husbands when they were upset with them. You could expect a lot of false accusations.

    So I think a little more thought needs to be put into this.