U14MM2028
Undoubtedly
it is wrong and highly unthinkable to be raped by one’s spouse. Marital rape
means a spouse raping his/her partner. This social malaise followed as a tradition in our
society is usually practiced by men since in the earlier times and even by
extension today, wives as seen as the property of their husbands, they can do
whatever they will with or without the women’s will.
Marital rape is one of the disgusting and distasteful forms
of masochism in our today’s world, yet hardly ever discussed because of its
nature, neatly hidden under the umbrella of marriage. The society with time has
learnt to frown at some of the vices against women’s body integrity like
domestic violence and other forms of rape, yet no one ever cares to mention
that of marital rape. Needless to say, Rape is rape. Be it stranger rape, date
rape or marital rape. Surprisingly, the law does not treat marital rape as a
crime. Even if it does, the issue of penalty is deemed lost in a cloud of legal
uncertainty. The legal system must be forced to accept rape within marriage as
a crime.
What is marital rape? Marital rape is said to be any
unwanted sexual act by a spouse or ex-spouse, committed without consent and/or
against a person's will, obtained by force, or threat of force, intimidation,
or when a person is unable to consent. These sexual acts include intercourse,
anal or oral sex, forced sexual behavior with other individuals, and other
sexual activities that are considered by the victim as degrading, humiliating,
painful, and unwanted.
Rape undoubtedly, is an offence. It is a sexual act which is
perpetrated without the consent of the woman. It is worthy of note to know that
the absence of consent does not have to be only in the form of the word ‘no'.
It should be assumed from the context of the situation. Within a marriage, if a
woman gives consent to sexual intercourse because of threat of injury to
children or herself, depriving the woman of the right to stay in the house or
receive maintenance, it is not a valid consent. It is still rape.
Marital rape has not been sufficiently accounted for in the
law, it is covered in the cloud of marriage vows and sanctity. Today, Forced
sexual intercourse is seen as an offence only when the woman is living
separately from her husband under judicial separation/custom. But we must also
be reminded that situations of marital rape occur within the confines of the
home, and therefore there are often no witnesses to the crime, and that makes
it the crueler.
Despite the historical myth that rape by one's partner is a
relatively insignificant event causing little trauma, many researches indicate
that marital rape often has severe and long-lasting consequences on the woman. On
The physical side, the effect of marital rape may include injuries to private
organs, lacerations, soreness, bruising, torn muscles, fatigue and vomiting.
Women who have been battered and raped by their husbands may suffer other
physical consequences including broken bones, black eyes, bloody noses, and
knife wounds that occur during the sexual violence but to mention a few.
Medical and gynecological consequences of marital rape include miscarriages,
stillbirths, bladder infections, infertility and the potential contraction of
sexually transmitted diseases including HIV.
In
a more de-humanizing act, the married perpetrator is more likely to use “anal
and oral rape to humiliate, punish and take ‘full’ ownership of their partner.”
Marital rape
leaves the victim stigmatized and emotionally trodden. It diminishes one’s self
worth and makes the whole concept of marriage unbearable. Often it is seen that
the victim is pressurized by their parents and friends to remain a silent
victim for the sake of their children and as they lack employment and have no
other source to survive, or for shame as to what the society may say on the
part of the woman. The Children are always at the receiving end as they may be
forced to witness the sexual violence or otherwise be affected by it.
It becomes
very difficult for the victim to recognize their partners as rapists because of
the fact that they are people whom the women had once loved and admired.
Women who are raped by their partners are likely to suffer
severe psychological consequences as well. Some of the short-term effects of
marital rape include anxiety, shock, intense fear, depression, suicidal
ideation, and post-traumatic stress. Long-term effects often include disordered
eating, sleep problems, depression, and problems in establishing trusting
relationships, and increased negative feelings about themselves. Psychological
effects are likely to be long-lasting. Some marital rape survivors report
flashbacks, sexual dysfunction, and emotional pain for years after the
violence. Marital rape is very destructive for a women because the whole basis
of their marriage gets disturbed and comes into question, it has a severe
traumatic effect on the partner because it destroys the love, trust, faith and
bond in marriage.
Yes, governments and the laws in many parts of the world deny
marital rape, thus putting the lives and well-being of their people in jeopardy
but according to the Definition of Rape in VAPP Act, 2015 Section 1 (1) states
as follows:
A person commits the offence of rape if-
a. He or she intentionally penetrates the vagina, anus, or
mouth of another person with any part of his or her body or anything else;
b. The other person does not consent to the penetration; or
c. The consent is obtained by force or means of threat or
intimidation of any kind or by fear of harm or by means of false and fraudulent
representation as to the nature of the act or the use of any substance or
additive capable of taking away the will of such person or in the case of a
married person by impersonating his or her spouse.
From The above provision it is clear and all-encompassing
that rape is rape in whatever form, be it marital or stranger rape. As such the
government and the general public at large, especially lawyers are hereby
called upon to obtain and study the far reaching provisions of the Act and
enforce working laws to curb the menace created by the dastardly act against
women hidden under the pretext of marriage.
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