Abolition Of Marital Rape

Introduction

Through this paper, the researcher has dealt with the issue of forceful spousal sexual encounters. The researcher has contended for the abolition of spousal exemption for marital rape and the complementary social and political aspects for its complete abolition.

Marital Rape

Marital rape can be defined as any unwanted sexual act committed by a husband on his wife without her consent or will using force or threat of force to her or any another person, causing the woman to fear that physical force will be used if she resists.

The term rape comes from “Raptus”, which meant violent theft of both property and person. Rape of a woman against the will or consent of her guardian was seen as a wrong against her father or husband as the

This notion of ‘implied consent’ of the wife gives rises to a sense of entitlement that the husband owns woman’s body.

What Constitutes Violence

Not only this, men’s perspective of what constitutes violence against women is in itself defined by the constructions and stereotypes of the society, which tend to be narrower than what women see as violence. Hence, a sexual act, which may not involve physical force may be seen as violence by the woman due to the psychological fear of such force being used by the husband in case of resistance.

Social Construct

Another reason for its existence is that it is widely accepted, condoned, normalized and ignored by the society and is seen as merely “private” matter. Also, even when the cases of marital rape are brought up, the violence perpetrated by men against women is justified by various theories that men who use violence against their wives use it as an outlet of the frustration they suffer from work or because they are drunk and not conscious enough to realize the consequences of their acts and many others. But they fail to see that the main reason of using violence is to exert their power and dominance and control over their

Also, due to the social stigma attached to the act of rape or going against one’s husband, the woman usually ends up restricting their experiences to themselves and do not react against the violence against them.

They tend to stay within the matrimonial house also because of fear of more violence against oneself or children, loss of financial security, a low sense of self-worth, false hope that their partner will change, lack of legal support, isolation from other sources of support (both from parental house and matrimonial house).

Psychological Impact

Marital rape, though often regarded as less traumatic than stranger rape, may leave a long-term emotional and psychological impact on the women as they experience violence by someone whom they have entrusted their lives with because it amounts to a betrayal of the very core of your marriage and trust.

Such an act of violence may even lead to the feeling of self-worthlessness, anxiety, shock, depression, suicidal thoughts, and problems establishing trusting relationships.

In cases where the woman suffers for a long time, it leads to frustration, which may force the woman to take acts that may prove to be fatal for the