Rape is a forceful sexual penetration or having intercourse with a person who does not consent. Marital rape, therefore, is the act of one having sex with the spouse without them agreeing. The act of marital sex is dated to be as old as the institution of marriage itself. In the past, sex was considered the right of the spouse, which they were guaranteed on demand. For that reason, marital rape was not recognized as a form of domestic violence and assault (Adams-Clark & Chrisler, 2018). However, in the recent period, the matter has gained popularity in most societies, but it is still kept out of criminal law or tolerated.
Men and women widely experience marital rape, but it is more prominent among females. This is so because of the traditional belief that upon marriage, intercourse is consensual by law (Singh, 2021). Forms of marital rape were therefore handled as physical abuse and not rape. Men who faced violence were too denied justice based on the cultural stereotyping that men are too strong to be abused by a woman.
The identification of unconsented sex as rape can is dated back to the 1960s and 1970s during the second wave of feminism that promoted the aspect of self-determination among women. During the late 20th century, the act was criminalized by various legal reforms in most countries (Singh, 2021). As such, they included the withdrawal of statutory exemptions from rape definitions. Afterwards, the law was redefined to remove marriage as a defense in courts.
The process of defining sexual assault with marriage was ignored as the wife was considered the husband’s property. These considerations presented an ideology of permanent, irrevocable consent. Lord Matthew Hale, a Britain jurist in 1973, clearly described the issue by publicly declaring that a husband cannot be judged as guilty of rape he committed on his lawful wife (Adams-Clark & Chrisler, 2018). He further illustrated that upon agreeing on marriage, the wife gives herself to the husband, and she cannot detract from it.
The control of a woman’s body was therefore considered foundational to patriarchy through marriage. In 1993, the United States law courts still did not consider marital rape cases serious considerations (Owens et al., 2021). They had a clause that included spousal exemption, which exempted husbands from rape-related prosecutions. In the present day, despite making it a law that matrimonial marriage rape is punishable, in the United States, surveys still prove that people regard it as a lesser crime (Owens et al., 2021). The recognition of marital rape is still derailed following the power relations that contextualize rape.
Remarked progress was achieved in the recent decade in which marital rape was regarded as a violation of honor and reputation both in domestic and international law. The United Nations, during the 4th conference, it tried to promote female protection from such violations. However, a number of the state members are yet to implement the regulations (Adams-Clark & Chrisler, 2018). In the modern view, women’s empowerment has been on the rise, promoting the service of justice against marital rape cases.
However, people are still objecting to laws against marital rape cases for various reasons. The justifications they provide include the argument that it is not easy to prove a lack of consent because the couple has had consensual sex multiple times. They, too, claim that marital rape cases that have been presented before courts are not adequate to merit rescinding exceptions. Additionally, they argue that such laws can be used unfairly against men, especially during divorce, in which the wife will falsely accuse the husband.
Though there have not been many marital rape cases reported some wives have successfully prosecuted their husbands in courts. Recent marital cases include the ruling in 2017, the chief executive officer of Netflix, Diego Bunuel, was arrested after his wife Maggie accused him of three incidents of rape. Diego was arrested and charged with serious charges of felony rape in Massachusetts (Singh, 2021). In 1979, the first case of marital rape was reported and presented in a court of law. In this occurrence, the man was married but had separated, but he visited her and had intercourse. The jury ruled and judged him for both rape and burglary (Jenkins et al., 2021). Marital rape has been established over the years and has become a stable crime. The number of marital rape cases is not as much because of the stability and privacy of the marriage institution. However, the laws made are biased as they tend to protect women and provide no clarity on the male incidents.
In conclusion, marital rape has developed over time despite not being recognized initially. Initially, sex was considered a spousal right, making it impossible to file a rape case against a husband or wife. Over the years, through various activists, such as the second wave of feminism, women have been given the power to have control of their bodies. International organizations such as the United Nations have also laid various measures to protect the honor of women by all member countries. However, it is argued by some male activities that such laws have been formed without stable regard for all aspects. As such, they claim false claims against husbands by their wives. In their argument, there have not been enough cases to guarantee the state to revoke laws that protected spouses against rape prosecutions.
References
Adams-Clark, A. A., & Chrisler, J. C. (2018). What constitutes rape? The effect of marital status and type of sexual act on perceptions of rape scenarios. Violence Against Women, 24(16), 1867-1886.
Jenkins, B. D., Le Grand, A. M., Golding, J. M., Lynch, K. R., & Wolbert, G. (2021). The impact of threat type and prior abuse history on perceptions of intimate partner sexual coercion. Violence Against Women, 27(10), 1566-1585.
Owens, B. C., Hall, M. E. L., & Anderson, T. L. (2021). The relationship between purity culture and rape myth acceptance. Journal of Psychology and Theology, 49(4), 405-418.
Singh, V. P. (2021). Judicial Approaches to the Criminalisation of Marital Rape. Indian Journal of Gender Studies.