There is a dire need for the change in laws on marital rape and criminalising it. The punishment for marital rape should be the same as prescribed for rape under section 376 of IPC. Although most Indian women feel protected under the Protection of Women from Domestic Violence Act, still there are many loopholes in it for it doesn’t include marital rape. The only entitlements a wife has under the law, is to bring action for criminal assault, inquiry or matrimonial relief but no liability is cast by law for marital rape, which needs to be recognised to protect the dignity of the women in our country being a fundamental
Being able to claim the explanation of rape has vast potential for ending rape and a natural history would make evolutionary psychology the best place to start. However, little history is presented, and the combination of present with ancient past is often a leap. Additionally, I recognize that this science claims to be without value of judgement or justifications of rape, however, regardless of whether it is free of value or not, non-evolutionary psychologists might not understand that and jump to the conclusion that this justifies or absolves men who rape. I agree that sex must be considered in understanding causes of rape, quantification and standards are important, but can that capture the environment? Humans do not exist only in biological environments; there is culture, society, individual interaction, perhaps metaphysical.
(Other than any incidents already mentioned,) have you been forced or coerced to engage in unwanted sexual activity by; someone you didn’t know before, a casual acquaintance OR Someone you know well" (Victimization Surveys, 1998). “Followed by question 43b, Did any incidents of this type happen to you and question 43c, how many times” (Victimization Surveys, 1998). In the NCVS-2 Crime Incident Report, Question 29 asks, "How were you attacked, any other way” (Victimization Surveys, 1998). “Possible responses to question 29 include raped, tried to rape, and sexual assault other than rape or attempted rape” (Victimization Surveys, 1998). “Question 31 asks, what were the injuries you suffered, if any anything else" (Victimization Surveys, 1998).
According to the Cambridge dictionary rape means “to force someone to have sex when they are unwilling, using violence or threatening behaviour”. Rape in India is a cognizable offence. There are many provisions in various Acts. Section 375 of the Indian Penal Code defines rape and the 6 circumstances under which it constitutes rape. It states that whenever a man penetrates or does sexual intercourse with a woman without her consent or will it amounts to rape.
Some parts of the pattern are crimes in most countries (e.g., physical assault, sexual assault, menacing, arson, kidnapping, harassment) while other battering acts are not illegal (e.g., name calling, interrogating children, denying the survivor access to the family automobile). All parts of the pattern interact with each other and can have profound physical and emotional effects on survivors. Survivors respond to the entire pattern of perpetrators’ abuse rather than simply to one episode or one
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without that person 's consent. The act may be carried out by physical force, coercion, abusive of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability or is below the legal age of consent. The term rape is sometimes used interchangeably with the term sexual assault. What is a social issue? It is kind of an aspect of the society that people are anxious about and would like it to be replaced.
Her conclusion is that forced marriage may well result in sexual slavery, but the conferral of status of marriage is per se an act of enslavement. Regardless of the human rights violation and the evident element of control over someone, It is not enough to be deemed slavery. I strongly agree with this view. Not interpreting slavery in a manner that is too expansive is important in order to keep the peremptory norm prohibiting slavery strong and in the course of the forced marriage, beyond the marital union. However the very conferral of marital status itself is not an exercise of power attaching to the right
She makes it clear from her introduction that she’s not completely satisfied that few counties “recognize” marital rape as a punishable act. (Paragraph 1). After this general view, Milkdashi uses a deductive approach to get into the main topic which is the marital rape in Lebanon. She presents some major obstacles regarding this issue including the civil law exempting the husband from any kind of punishment and the religious leaders standing firmly again any law amendments (paragraph 2). After this cry, Maya Milkdashi states that a protest will be held on January 14th to stop legal exemption of martial rape (paragraph3).
After women are raped, they are afraid of telling the truth about get raped to others because it might cause their reputation. Based on a three experts; Parinya Jitkannatiki, Prasit Pattana-amorn and Kritaya Archavanitkul, it can be implied that three experts explain that rape is about physical assault and sexual abuse another person without consent. Parinya and Prasit mainly focus on a good moral and Thai’s tradition. They both claim that rape is totally against Thai’s custom and law. However, Prasit adds the issue of reputation.
In R v Mokrecovas, a case of rape in which consent was a defence, the issue was if it was open to the defence under section 41 (3) (a) to cross examine the complainant about an allegation that she had consensual sexual relations with the accused’s brother on two occasions during 12 hours before alleged rape. It was held that the cross examination about sexual intercourse with the accused’s brother would add nothing to these grounds for allegation. The subsections (3)(b) and (c) were enacted to reverse what was decided in R v Riley. In most of the cases, the jury would most likely infer such behaviour by virtue of the other evidence in the case. When evidence is introduced that the accused and the complainant have either been married or have been living together for a period of time, and in situations such as this, it’s the judge’s duty to direct the jury that any inference can have no bearing on the issues to be decided.