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American Journal of Public Health. Archived from the original on 21 April Commonwealth of Dominica. Law in the service of legitimacy: Gender and politics in Jordan.
Farnham, Surrey, England; Burlington, Vt. Egyptian Initiative of Personal Rights. Archived from the original on 9 January Retrieved 18 October Retrieved 10 May The penal code includes penalties for rape but does not address marital rape.
OECD Publishing. November UK Home Office. January Women, Business and the Law report Archived from the original on 6 May Maldives Times.
Global Citizen. The Himalayan Times. New Zealand Legislation. Retrieved 15 March The Legal Brief. Daily Pakistan Global. Attorney-General's Chambers.
Retrieved 12 July Federal Government of Somalia. Archived from the original PDF on December 28, Retrieved 13 November African Centre for Justice and Peace Studies.
Middle East Eye. The government generally applies this law. Food and Agriculture Organization of the United Nations. UN Women Asia and the Pacific.
Article dated March Retrieved February 8, Bergen, Raquel Kennedy. Bovarnik, Silvie. Review of International Studies, 33 1 , 59— Connell, R.
Masculinities 2nd ed. Bennice, Jennifer A. Resick Easteal, P. Finkelhor, F. Article dated September Retrieved April 20, Original link is dead, substitute link is to the Internet Archive , and is dated October 12, Kwiatkowski, Lynn.
Mandal, Saptarshi. The Impossibility of Marital Rape. Australian Feminist Studies, 29 81 , — Schelong, K. Marquette Law Review, 78 1 , Smith, Daniel Jordan.
Russell, Diana E. Tjaden, Patricia, Thoennes. Prevalence and consequences of male-to-female and female-to-male intimate partner violence as measured by the National Violence Against Women Survey.
Violence Against Women, 6 2 , — Tonnesson, Liv. When rape becomes politics: Negotiating Islamic law reform in Sudan. Women Studies International Forum, 44, — Hidden Hurt Waterman, C.
Domestic violence. Genital modification and mutilation Marital rape Birth control sabotage Reproductive coercion Sexual violence by intimate partners.
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Prosecution of gender-targeted crimes Women's shelter 25 November 6 February By country Gender violence. Afghanistan []. The EVAW law criminalizes 22 acts of violence against women, including rape, battery, or beating; forced marriage; humiliation; intimidation; and deprivation of inheritance.
Under the law rape does not include spousal rape. Albania []. The Criminal Code was amended in and to criminalise marital rape.
The law criminalizes rape but does not address spousal rape. Spousal rape can be punished by up to 15 years imprisonment. Angola [].
Antigua and Barbuda [] []. The Sexual Offences Act, , includes in the definition of rape: "with a female person who is not his wife".
Argentina []. Rape of men and women, including spousal rape, can be punished by imprisonment from six months to up to 20 years. Armenia []. Rape is a criminal offense, and conviction carries a maximum sentence of 15 years; general rape statutes applied to the prosecution of spousal rape.
Australia []. In , the Criminal Law Act was amended to abolish the exemption from punishment in cases where a husband raped his wife.
The laws of individual states and territories provide the penalties for rape. Austria []. Azerbaijan []. Spousal rape is illegal, but observers stated police did not effectively investigate such claims.
The Bahamas [] []. Rape of men or women is illegal, but the law does not protect against spousal rape, except if the couple is separated or in the process of divorce, or if there is a restraining order in place.
Bahrain []. Rape is illegal, although the criminal code allows an alleged rapist to marry his victim to avoid punishment. The law does not address spousal rape.
Bangladesh []. The law prohibits rape of a female by a male and physical spousal abuse, but the law excludes marital rape if the female is above Barbados [] [].
There are legal protections against spousal rape for women holding a court-issued divorce decree, separation order, or non-molestation order.
As of Belgium []. Marital rape was criminalised by court decision in Belize []. The criminal code criminalizes rape of men or women, including spousal rape.
The code states that a person convicted of rape shall be sentenced to imprisonment for eight years to life. Benin []. The law explicitly prohibits spousal rape and provides the maximum penalty of 5 years imprisonment for conviction of raping a domestic partner.
Bhutan []. Spousal rape is illegal and prosecuted as a misdemeanor. Bolivia []. In the government passed the Law Guaranteeing Women a Life Free from Violence, [] it included the repeal of the marital rape exemption in the Penal Code.
Bosnia and Herzegovina []. The maximum penalty for rape, regardless of gender, including spousal rape, is 15 years in prison.
The failure of police to treat spousal rape as a serious offense inhibited the effective enforcement of the law. Botswana [] []. The law criminalizes rape but does not recognize spousal rape as a crime.
Brazil []. The law criminalizes rape of men or women, including spousal rape. Brunei [] []. The law does not criminalize spousal rape and explicitly states that sexual intercourse by a man with his wife is not rape, as long as she is not younger than 14 years 15 years if she is ethnic Chinese.
Bulgaria []. The law criminalizes rape, and authorities generally enforced its provisions when violations came to their attention.
Sentences for rape convictions range up 20 years in prison. While authorities could prosecute spousal rape under the general rape statute, they rarely did so.
Burkina Faso. Burundi []. The government did not enforce the law uniformly, and rape and other domestic and sexual violence continued to be serious problems.
As of []. Canada []. The law criminalizes rape of men or women, including spousal rape, as sexual assault, and the government enforced the law effectively.
Cambodia []. Cape Verde []. Central African Republic [] []. Chile []. The law criminalises rape of men or women, including spousal rape.
China [] [] []. The law does not safeguard same-sex couples or victims of marital rape. Colombia []. Although prohibited by law, rape, including spousal rape, remained a serious problem.
Comoros []. Republic of the Congo. As of , there were no specific provisions in the law outlawing spousal battery other than general statutes prohibiting assault.
Rape is illegal, but the government did not effectively enforce the law, and women's rights groups have reported that spousal rape was common.
Democratic Republic of Congo [] []. The legal definition of rape does not include spousal rape. Costa Rica []. The law criminalizes rape of men or women, including spousal rape and domestic violence, and provides penalties from 10 to 18 years in prison for rape.
The judicial branch generally enforced the law. Croatia []. Conviction of rape, including spousal rape, is punishable by up to 15 years imprisonment.
Cuba [] [ self-published source? The government enforced both laws. Cyprus []. The law criminalizes rape, including spousal rape, with a maximum sentence of life in prison for violations.
The government enforced the law effectively. Czech Republic []. The law prohibits rape, including spousal rape, and provides a penalty of two to 15 years in prison for violations.
Denmark []. The law criminalizes rape against women or men the statute is gender neutral , including spousal rape, and domestic violence. Penalties for rape include imprisonment for up to 12 years.
Dominica []. The Sexual Offences Amendment Act repealed the previous "marital exclusions" of the rape law and introduced a specific marital rape section [s3 3 ] to the Sexual Offences Act.
Dominican Republic []. The law criminalizes rape of men or women, including spousal rape, and other forms of violence against women, such as incest and sexual aggression.
The sentences for conviction of rape range from 10 to 15 years in prison and a fine of , to , pesos. East Timor []. Although rape, including marital rape, is a crime punishable by up to 20 years in prison, failures to investigate or prosecute cases of alleged rape and sexual abuse were common.
Ecuador []. The law criminalizes rape of men or women, including spousal rape and domestic violence. Rape is punishable with penalties of up to 22 years in prison.
Spousal rape is not illegal, [] [] [] based on a Court of Cassation ruling that "a wife cannot withhold sex from her husband without a valid reason according to sharia ".
El Salvador. Marital rape is not specifically addressed by statue. The World Bank's " "Women, Business and the Law" report states that the country's general rape laws apply to marital rape.
Equatorial Guinea. Estonia []. The law criminalizes rape, including spousal rape, and physical abuse, including domestic violence. The penalty for rape, including spousal rape, is imprisonment for up to 15 years.
Eswatini Swaziland []. Ethiopia []. Fiji []. The law provides for a maximum punishment of life imprisonment for rape. The law recognizes spousal rape as a specific offense.
Finland []. The law criminalizes rape, including spousal rape, and the government enforced the law effectively. If the offender used violence, the offense is considered aggravated, and the penalty may be more severe.
France []. The law criminalizes rape, including spousal rape, and domestic violence, and the government generally enforced the law effectively.
The government and NGOs provided shelters, counseling, and hotlines for rape survivors. Gambia []. Spousal rape is not illegal and was widespread;, police generally considered it a domestic issue outside its jurisdiction.
Georgia []. Germany []. The law criminalizes rape, including spousal rape, and provides penalties of up to 15 years in prison. Greece []. Grenada [] [].
Marital rape was criminalized in a amendment to the Criminal Code. Guatemala []. The law criminalizes rape of men or women, including spousal rape, and sets penalties between five and 50 years in prison.
Police had minimal training or capacity to investigate sexual crimes or assist survivors of such crimes, and the government did not enforce the law effectively.
Guinea-Bissau []. The law prohibits rape, including spousal rape, and provides penalties for conviction of two to 12 years in prison; however, the government did not effectively enforce the law.
Guyana [] []. Marital rape was criminalised by the Sexual Offenses Act Haiti []. While the law prohibits rape of men or women, it does not recognize spousal rape as a crime.
Honduras []. The law criminalizes all forms of rape of men or women, including spousal rape, [] but unlike other rapes is not a "public crime" and thereby requires the survivors to complain for prosecution to occur.
Hong Kong. Hungary []. Rape of men or women, including spousal rape, is illegal. Iceland []. India []. Marital rape of an adult wife, who is unofficially or officially separated, is a criminal offence punishable by 2 to 7 year in prison; it is not dealt by normal rape laws which stipulate the possibility of a death sentence.
They also have the right to continue to live in their marital household if they wish, or may approach shelter or aid homes. However, marital rape is still not a criminal offence in this case and is only a misdemeanour.
Indonesia []. Iran [] []. Rape is illegal and subject to strict penalties, including death, but it remained a problem.
The law considers sex within marriage consensual by definition and, therefore, does not address spousal rape, including in cases of forced marriage.
Iraq []. The law criminalizes rape but not spousal rape and permits a maximum sentence of life imprisonment if the victim dies.
The law allows authorities to drop a rape case if the perpetrator marries the victim. Ireland [] [50]. The law criminalizes rape, including spousal rape, and the government enforced the law.
Most persons convicted received prison sentences of five to 12 years. Israel []. The government effectively enforced rape laws.
Italy []. The prescribed penalty for rape, including spousal rape, is five to 12 years in prison. Ivory Coast.
Jamaica [] []. The law criminalizes spousal rape only when spouses have separated or begun proceedings to dissolve the marriage; when the husband is under a court order not to molest or cohabit with his wife; or when the husband knows he suffers from a sexually transmitted infection.
Japan []. The law criminalizes all forms of rape involving force against women. The law does not deny spousal rape, but no court has ever ruled on such a case, except in situations of marital breakdown i.
Jordan []. The law stipulates a sentence of at least 10 years of imprisonment with hard labor for the rape of a girl or woman 15 years of age or older.
Spousal rape is not illegal. Kazakhstan []. The law criminalizes rape. There were reports of police and judicial reluctance to act on reports of rape, particularly in spousal rape cases.
Kenya []. The law criminalizes rape, defilement, sexual violence within marriage, but enforcement remained limited.
Kiribati []. Rape, including spousal rape, is a crime, with a maximum penalty of life in prison, but sentences typically were much shorter.
Kosovo []. North Korea. South Korea []. Although no specific statute defines spousal rape as illegal, the Supreme Court acknowledged marital rape as illegal.
Kuwait []. Rape carries a maximum penalty of death, which the courts occasionally imposed for the crime; spousal rape and domestic violence are not considered crimes.
Kyrgyzstan []. Rape, including spousal rape, is illegal, but the government failed to enforce the law effectively.
Police generally regarded spousal rape as an administrative, rather than a criminal, offense. Laos []. Domestic violence is illegal, but there is no law against marital rape, and domestic violence often went unreported due to social stigma.
Latvia []. Lesotho []. The law criminalizes the rape of women or men, including spousal rape, and domestic violence. Libya [] [].
By law a convicted rapist may avoid a year prison sentence by marrying the survivor, regardless of her wishes—provided her family consents.
Liechtenstein []. Rape, including spousal rape, is a criminal offense. Rape and domestic violence are criminal offenses, and although no law specifically criminalises spousal rape, [] a wife can file a complaint against her husband for rape or sexual assault under Article of the Criminal Code.
Luxembourg []. The law prohibits rape, including spousal rape, and the government enforced the law effectively.
Malawi []. The Marriage, Divorce, and Family Relations Act enacted in explicitly introduces the concept of spousal rape, but the act does not prescribe specific penalties and applies only to legally separated spouses.
Spousal rape may be prosecuted under the rape provisions of the penal code. The concept of rape within marriage is not recognised. However, if a man "uses harm or the threat of violence to obtain sex from his wife, or any other person", he may be imprisoned up to five years if convicted according to Section A of the Penal Code adopted on 7 September Maldives [].
Mali []. No law specifically prohibits spousal rape, but law enforcement officials stated criminal laws against rape apply to spousal rape.
Malta []. Rape, including, spousal rape, carries a sentence of up to nine years in prison with increased penalties in aggravated circumstances.
Marshall Islands []. Mauritania []. Rape, including spousal rape, is illegal. Rapists who are single men face penalties of forced labor and whipping, and married rapists are subject to the death penalty.
Mauritius []. Although the amendments do not mention spousal rape, section 2. Mexico []. Twenty-four states have laws criminalizing spousal rape.
Federated States of Micronesia. Moldova []. The law criminalizes rape or forcible sexual assault and establishes penalties for violations ranging from three years to life in prison.
The law also criminalizes spousal rape. Rape, including spousal rape, is a criminal offense with penalties of five, 10, and up to 20 years in prison, depending on the type of offense.
Mongolia []. Under the new criminal code, spousal rape was criminalized. Montenegro []. In most cases the penalty provided by law for rape, including spousal rape, is one to 10 years in prison.
In practice, the average conviction resulted in 3 years. Spousal rape is not a crime. Mozambique []. The law criminalizes rape, including spousal rape, and domestic violence.
Myanmar []. Spousal rape is not a crime unless the wife is younger than 13 years. Namibia []. The law criminalizes rape of men and women, including spousal rape.
By law rape is defined as the commitment of any sexual act under coercive circumstances. Nauru []. The Crimes Act specifically applies penalties for rape of married and de facto partners.
Nepal []. Netherlands []. The law in all parts of the kingdom criminalizes rape, including spousal rape, and domestic violence.
In case of violence against a spouse, the penalty for various forms of abuse can be increased by one-third. New Zealand [] [50] []. The law criminalizes rape, including spousal rape.
Nicaragua []. The law criminalizes all forms of rape of men or women, regardless of the relationship between the victim and the accused.
North Macedonia []. Norway []. The law criminalizes rape, including spousal rape, and the government generally enforced the law.
The penalty for rape is up to 21 years in prison, depending on the severity of the assault, the age of the victim, and the circumstances in which the crime occurred.
Oman []. The law criminalizes rape with penalties of up to 15 years in prison but does not criminalize spousal rape. The Offence of Zina Enforcement of Hudood Ordinance, included in its definition of rape "to whom he or she is not validly married".
The new definition did not include a reference to marriage. It was argued that the intent was to include marital rape in the offence.
Palau []. Palestine []. Panama []. The law criminalizes rape of men or women, including spousal rape, with prison terms of five to 10 years.
Papua New Guinea []. Rape, including spousal rape, is a crime punishable by imprisonment ranging from 15 years to life. The legal system allows village chiefs to negotiate the payment of compensation in lieu of trials for rapists.
Paraguay []. The law criminalizes rape of men or women, including spousal rape, and provides penalties of up to 10 years in prison for rape or sexual assault.
Peru []. The law criminalizes rape of men or women, including spousal rape, with penalties of six to eight years in prison.
Philippines []. Poland []. Rape, including spousal rape, is illegal and punishable by up to 12 years in prison.
Portugal []. Peru [] []. Qatar []. Spousal rape is not explicitly criminalized, but a woman may file a complaint.
The penalty for rape is life imprisonment, regardless of the age or gender of the victim. Romania []. Rwanda []. The law criminalizes rape of men and women and spousal rape, and the government handled rape cases as a judicial priority.
Saint Kitts and Nevis []. Saint Lucia [] []. The law criminalizes spousal rape only when a couple is divorced or separated or when there is a protection order from the Family Court.
Saint Vincent and the Grenadines []. Rape, including spousal rape, is illegal, and the government generally enforced the law when victims came forward.
San Marino []. Rape, including spousal rape, is a criminal offense, and the government effectively prosecuted persons accused of such crimes.
The penalty for rape is two to six years in prison. Saudi Arabia []. Rape is a criminal offense under sharia with a wide range of penalties from flogging to execution.
The law does not recognize spousal rape as a crime. Serbia []. Rape, including spousal rape, is punishable by up to 40 years in prison. The government did not enforce the law effectively.
Seychelles []. Nevertheless, rape was a problem, and the government did not enforce the law effectively.
Sierra Leone []. Rape was common and viewed more as a societal norm than a criminal problem. The law specifically prohibits spousal rape. Singapore [] [].
See also: Marital rape immunity in Singapore Spousal rape is generally not a crime, but husbands who force their wives to have intercourse may be prosecuted for other offenses, such as assault.
Spousal rape is a criminal offense when the couple is separated, subject to an interim divorce order that has not become final, or subject to a written separation agreement, as well as when a court has issued a protection order against the husband.
Slovakia []. The law prohibits rape and sexual violence, which carry a penalty of five to 25 years in prison. The law does not specifically define spousal rape, but the criminal code covers spousal rape and spousal sexual violence under the crime of rape and sexual violence.
Slovenia [47] []. Rape, including spousal rape and domestic violence, is illegal. The penalty for rape is one to 10 years in prison.
Police actively investigated accusations of rape and prosecuted offenders. Solomon Islands []. The law criminalizes rape, including spousal rape, with a maximum penalty of life imprisonment.
Somalia []. There are no federal laws against spousal violence, including rape, although in May , the Council of Ministers approved a national gender policy that gives the government the right to sue anyone convicted of committing gender-based violence, such as the killing or rape of a woman.
South Africa []. Rape, including spousal rape, is illegal and remained a serious and pervasive problem. The minimum sentence for rape is 10 years in prison for the first offense.
South Sudan [28] []. Spain []. The law prohibits rape, including spousal rape, and the government generally enforced the law effectively.
The penalty for rape is six to 12 years in prison. Sri Lanka [] []. The law only prohibits spousal rape if the spouses are legally separated.
Sudan []. In February , an amendment to Article of the Criminal Code changed the definition of rape.
Under the new definition of rape, rape victim could no longer be prosecuted for adultery. Suriname []. Sweden []. Rape, including spousal rape and domestic violence, are illegal, and the government enforced the law effectively.
Penalties range from two to 10 years in prison. Switzerland []. Rape, including spousal rape, and domestic violence, are statutory offenses for which penalties range from one to 10 years in prison.
The government effectively prosecuted individuals accused of such crimes. Syria []. Rape is a felony, subject to punishment by at least 15 years in prison, but the government did not enforce the law.
The law further stipulates that if the rapist marries the victim, the rapist receives no punishment. The victim's family sometimes agreed to this arrangement to avoid the social stigma attached to rape.
There are no laws against spousal rape. Taiwan []. Tajikistan []. Marital rape is not recognised as a criminal offence.
Tanzania [] []. The law provides for life imprisonment for persons convicted of rape, including spousal rape during periods of legal separation.
Thailand []. Rape is illegal, [] although the government did not always enforce the law effectively. The law permits authorities to prosecute spousal rape, and prosecutions occurred.
Togo []. The law criminalizes rape, but if reported, the law was often not enforced effectively by authorities.
Conviction of spousal rape is punishable by up to hours of community service and a fine of , to one million CFA francs. Tonga []. Rape is punishable by a maximum of 15 years in prison.
The law recognizes spousal rape. Trinidad and Tobago []. Rape of men or women, including spousal rape, is illegal and punishable by up to life imprisonment, but the courts often imposed considerably shorter sentences.
Tunisia []. Prior to June , marital rape was not considered a crime. Turkey []. Marital rape is illegal and punishable by sentences ranging from 3 to 25 years imprisonment.
Tuvalu []. Ukraine []. The law prohibits rape of men or women but does not explicitly address spousal rape or domestic violence.
United Arab Emirates [] []. The penal code does not address spousal rape. The defendant argued that he considered the two married at the time of the offense.
United Kingdom []. The law criminalizes rape, spousal rape, and domestic violence. The maximum legal penalty for rape is life imprisonment.
The law also provides for injunctive relief, personal protection orders, and protective exclusion orders similar to restraining orders for female victims of violence.
United States []. Uruguay [] []. The law criminalizes rape of men or women, including spousal rape, and domestic violence.
Rape, including marital rape, is prohibited, [] [] however the courts did not try any rape cases as of , according to human rights activists.
Vanuatu []. The law does not specifically criminalize spousal rape, but it can be prosecuted under related statutes that cover assault and domestic violence.
Police, however, were frequently reluctant to intervene in what they considered domestic matters. Venezuela []. The law criminalizes rape of men or women, including spousal rape, making it punishable by a prison term of eight to 14 years.
Vietnam []. The Law criminalizes rape, including spousal rape, for men and women. Yemen [] []. The law criminalizes rape, but it does not criminalize spousal rape because the law states a woman may not refuse sexual relations with her husband.
Zambia []. The Anti-Gender-based Violence Act criminalizes spousal rape. Zimbabwe [] []. While the law criminalizes sexual offenses, including rape and spousal rape, these crimes remained widespread problems.
Spousal rape received less attention than physical violence against women. All Rights Reserved. Site last updated November 4, Related Articles.
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Elizabeth Smart: Days consisted of rape Das Wort des Tages sense. Das Wort im Beispielsatz passt nicht zum Stichwort. It has to be strong enough to prevent implosion, an eruption of Rita Stream into rapesilencing or annihilation. Pastinaken, Rübenalles für die Suppe! Jahangir is one of the most prominent voices in Bates Motel Film fight for the rights of women in Islamic society. Along with the mostly male troops came always widespread forced prostitution and trafficking in women, rapesrising HIV rates, and the sexual exploitation of minors. Füllen Sie bitte das Feedback-Formular aus. Registrieren Einloggen. Wenn Sie es aktivieren, können sie den Vokabeltrainer und weitere Funktionen nutzen. Il giorno vende insalate e la sera dipinge rape. Vor 33 Jahren gründete sie die erste von Frauen geführte Anwaltskanzlei in Pakistan und verteidigt seitdem erfolgreich vor allem Opfer von Audi A6 Avant 2019Missbrauch in der Ehe und Zwangsarbeit sowie Angehörige religiöser Minderheiten, die der Blasphemie bezichtigt werden. In Ihrem Browser ist Javascript deaktiviert. Beispiele für die Übersetzung Rüben ansehen 24 Beispiele mit Übereinstimmungen. Ich könnte eine ganze Wagenladung Rüben Rape Deutsch Beispiele aus dem PONS Wörterbuch (redaktionell geprüft)
Zuppa, cavoli, Leslie Phillips salata, latte fermentato, rape? Quelle: GlobalVoices. Fügen Sie The Walking Dead Staffel 5 Teil 2 zu einer der folgenden Listen hinzu oder erstellen Sie eine neue. Rüben gestohlen und sie alle aufgegessen. Schwedisch Wörterbücher. Gehen Sie zu Ihren Wortlisten.Rape Deutsch - "rape" Deutsch Übersetzung
Rüben war Suchverlauf Lesezeichen. Du hast die Rüben von Lov gestohlen The Obi Jobs happened in England and Wales inin R v R see below. This foundation of marriage had direct implications for sexual violence within the marriage. Attributing Pickles Deutsch effects of marital rape in research is problematic as it is nearly impossible to find a large enough sample of spouses to study who have experienced sexual violence Römerin have not also been physically assaulted by their spouse. The law criminalizes rape, defilement, sexual violence within marriage, but enforcement remained limited. Women's eNews. Boutcher Comoros []. There are at least four recorded instances of a husband successfully relying on the exemption in England and Wales. The first was R v Miller , [] where it was held that the wife had not legally revoked her consent despite having presented a divorce petition.
R v Kowalski [] was followed by R v Sharples , [] and R v J , a judgment made after the first instance decision of the Crown Court in R v R but before the decision of the House of Lords that was to abolish the exemption.
In Miller , Kowalski and R v J the husbands were instead convicted of assault. The R v Kowalski case involved, among other acts, an instance of non-consensual oral sex.
For this, the husband was convicted of indecent assault , as the court ruled that his wife's "implied consent" by virtue of marriage extended only to vaginal intercourse, not to other acts such as fellatio.
In R v Sharples it was alleged that the husband had raped his wife in Despite the fact that the wife had obtained a family protection order before the alleged rape, the judge refused to accept that rape could legally occur, concluding that the family protection order had not removed the wife's implied consent , ruling that: "it cannot be inferred that by obtaining the order in these terms the wife had withdrawn her consent to sexual intercourse".
By , when the exemption was removed, the Law Commission in its Working Paper of was already supporting the abolition of the exemption, a view reiterated in their Final Report that was published in ; and international moves in this direction were by now common.
Therefore, the result of the R v R case was welcomed. But, while the removal of the exemption itself was not controversial, the way through which this was done was; since the change was not made through usual statutory modification.
They claimed that at the time of the rape there was a common law exemption in force, therefore their convictions were post facto.
Their case was not successful, with their arguments being rejected by the European Court of Human Rights, which ruled that the criminalization of marital rape had become a reasonably foreseeable development of the criminal law in the light of the evolution of social norms; and that the Article 7 does not prohibit the gradual judicial evolution of the interpretation of an offense, provided the result is consistent with the essence of the offense and that it could be reasonably foreseen.
A new definition of the offense of 'rape' was created in by the section of the Criminal Justice and Public Order Act , providing a broader definition that included anal sex; and an even broader definition was created by the Sexual Offences Act , including oral sex.
The law on rape does not—and did not ever since the removal of the marital exemption in —provide for any different punishment based on the relation between parties.
However, in , in R v W 14 Cr App R S , the court ruled: [] "It should not be thought a different and lower scale automatically attaches to the rape of a wife by her husband.
All will depend upon the circumstances of the case. Where the parties are cohabiting and the husband insisted upon intercourse against his wife's will but without violence or threats this may reduce sentence.
Where the conduct is gross and involves threats or violence the relationship will be of little significance. Northern Ireland common law is similar to that of England and Wales, and partially derives from the same sources; so any alleged exemption from its rape law was also removed by R v R.
In March , a Belfast man was convicted for raping his wife, in the first case of its kind in Northern Ireland. Until 28 July , rape in Northern Ireland remained solely an offense at common law that could only be committed by a man against a woman only as vaginal intercourse.
Between 28 July and 2 February rape was defined by the Criminal Justice Northern Ireland Order as "any act of non-consensual intercourse by a man with a person", but the common law offense continued to exist, and oral sex remained excluded.
On 2 February the Sexual Offences Northern Ireland Order came into force, abolishing the common law offense of rape, and providing a definition of rape that is similar to that of the Sexual Offences Act of England and Wales.
The Public Prosecution Service for Northern Ireland has the same policy for marital rape as for other forms of rape; it states in its Policy for Prosecuting Cases of Rape document that: "The Policy applies to all types of rape, including marital and relationship rape, acquaintance and stranger rape, both against male and female victims".
In Australia , the removal of the immunity for marital rape occurred in all states and territories, both by statute and judicial decision, between late s and early s.
Previously, the exemption of marital rape was based on the English common law offense of rape, being generally understood as " carnal knowledge ", outside of marriage , of a female against her will.
The common law definition of rape continued to apply in some states, while others codified the definition, which in each case included a marital exemption.
In Queensland , for example, the provision read: "Any person who has carnal knowledge of a woman or girl, not his wife , without her consent, or with her consent, if the consent is obtained by force, or by means of threats or intimidation of any kind, or by fear of bodily harm, or by means of false and fraudulent representations as to the nature of the act, or, in the case of a married woman, by personating her husband, is guilty of a crime, which is called rape.
The first Australian state to deal with marital rape was South Australia , which in partially removed the exemption.
Section 73 of the Criminal Law Consolidation Act Amendment Act SA read: "No person shall, by reason only of the fact that he is married to some other person, be presumed to have consented to sexual intercourse with that other person".
The first Australian jurisdiction to completely remove the marital exemption was New South Wales in In , in R v L , the High Court of Australia ruled that "if it was ever the common law that by marriage a wife gave irrevocable consent to sexual intercourse by her husband, it is no longer the common law.
In India there are no law provisions related to the marital rape and are being demanded by the commission to enact laws to bring it in the criminal jurisdiction.
In a variety of cultures, marriage after a rape of an unmarried woman has been treated historically as a "resolution" to the rape, that is, a "reparatory marriage".
In some countries, the mere offer to marry the person one has raped is sufficient to exonerate the perpetrator from criminal prosecution.
Although laws that exonerate the perpetrator if he marries his victim after the rape are often associated with the Middle East, [] such laws were very common around the world until the second half of the 20th century.
For instance, as late as , 14 Latin American countries had such laws, [] although most of these countries have now abolished them. Whether women were forced to marry their rapist, or the marriage was concluded before the violence began, many victims remain in chronically violent relationships.
Cross-culturally, one of the barriers that keep victims within their marriages is the shame and guilt they feel surrounding marital rape Bergen, , or general taboos around sexuality Kwiatkowski, Torres, Lastly, some victims do not categorize their abuse as marital rape in order to minimize the violence they endure.
The prevalence of marital rape is difficult to assess, especially outside the Western World. Discussing sexual matters in many cultures is taboo.
One problem with studies on marital rape is that the Western concept of consent is not understood in many parts of the world.
Issues of consent are poorly understood, especially by young wives which are often young girls who do not have a proper understanding of sexual rights.
For instance in an interview in a study for the World Health Organization, a woman from Bangladesh who described being hit by her husband and forced to have sex said that: " I thought this is only natural.
This is the way a husband behaves. An example of such a place is Ethiopia. The prevalence of marital rape depends on the particularly legal, national, and cultural context.
The earliest study in the Western World attempting to survey marital rape was an unpublished study by Joan Seites in the spring of Of the 3, reported calls dealing with rape and attempted rape received by the 16 centers, 12 calls dealt with marital rape 0.
Because rape-crisis centers did not always record the relationships of the callers, whether the 12 reported calls fully represent the number of married relationships cannot be certainly known.
In Diana E. Russell , a feminist writer and activist, conducted the seminal study on marital rape. David Finkelhor and Kersti Yllo published a study in on marital rape that drew on a scientifically-selected area probability sample from the metropolitan Boston area of women who were either married or previously married who had a child living with them between the ages of six and fourteen.
In , Patricia Easteal, then Senior Criminologist at the Australian Institute of Criminology, published the results of survey on sexual assault in many settings.
The respondents had all been victims of numerous forms of sexual assault. Of the victim sub-sample, In Basile published research intended to address the lack of a nationally probability sample to-date that measured intimate sexual coercion faced by married women.
Data were collected in a national poll by a random telephone survey of 1, residents in the continental U.
Rape by a spouse, partner or ex-partner is more often associated with physical violence. Attributing the effects of marital rape in research is problematic as it is nearly impossible to find a large enough sample of spouses to study who have experienced sexual violence but have not also been physically assaulted by their spouse.
In sub-Saharan countries with very high prevalence rates of HIV, such as Lesotho , instances of multiple partnerships and marital rape exacerbate the spread of HIV.
While rape by a stranger is highly traumatic , it is typically a one-time event and is clearly understood as rape. In the case of rape by a spouse or long term sexual partner, the history of the relationship affects the victim's reactions.
There is research showing that marital rape can be more emotionally and physically damaging than rape by a stranger.
Trauma from the rape adds to the effect of other abusive acts or abusive and demeaning talk. Furthermore, marital rape is rarely a one-time event, but a repeated if not frequent occurrence.
Unlike other forms of rape, where the victim can remove themselves from the company of the rapist and never interact with them again, in the case of marital rape the victim often has no choice but to continue living with their spouse: in many parts of the world divorce is very difficult to obtain and is also highly stigmatized.
The researchers Finkelhor and Yllö remarked in their metropolitan Boston area study that: []. Forced marriage and child marriage are prevalent in many parts of the world, especially in parts of Asia and Africa.
A forced marriage is a marriage where one or both participants are married without their freely given consent; [] while a child marriage is a marriage where one or both parties are younger than Incidents taking place in some of these countries such as Yemen have received international attention.
One type of forced marriages occurs in Guatemala called robadas and Mexico called rapto. Rapto refers to "…an abduction for sexual or erotic purposes or marriage" Bovarnik, Following the abduction, marriage is often encouraged to maintain the family honor Bovarnik, This foundation of marriage had direct implications for sexual violence within the marriage.
This notion of blaming the woman also occurs in reference to rapto in rural Mexico. Many of these women, who were given little choice in their marriage, are left to live with their abusers.
The historical and present day in jurisdictions where it still applies immunity of husbands to have sexual relations with their wives without consent was not the only marital immunity in regard to abuse; immunity from the use of violence was and still is in some countries common—in the form of a husband's right to use "moderate chastisement" against a 'disobedient' wife.
In the US, many states, especially Southern ones, maintained this immunity until the midth century. For instance, in , in Calvin Bradley v.
Although by the late 19th century courts were unanimously agreeing that husbands no longer had the right to inflict "chastisement" on their wives, the public policy was set at ignoring incidents deemed not 'serious enough' for legal intervention.
In , the Supreme Court of North Carolina ruled: []. Today, husbands continue to be immune from prosecution in case of certain forms of physical abuse against their wives in some countries.
For instance, in Iraq husbands have a legal right to "punish" their wives. The criminal code states that there is no crime if an act is committed while exercising a legal right.
Examples of legal rights include: "The punishment of a wife by her husband, the disciplining by parents and teachers of children under their authority within certain limits prescribed by law or by custom".
Although most research is focused on wives as victims of marital rape, husbands experience marital rape as well.
Research conducted by Morse , Straus , and Straus and Gelles suggest that men and women have nearly the same annual rates of victimization of violence by a marital or cohabitating partner Tjaden and Thoennes, One study that looked at lifetime experiences of marital and cohabitating partner violence found nearly equal rates of victimization among men and women Tjaden and Thoennes, However, these statistics convey the larger topic of partner violence and do not reflect rates of marital rape.
Given that same-sex marriage is a relatively new concept, and only minimally accepted globally, little research has explored marital rape in same-sex relationships.
Legally, governments have direct impact on the occurrence of marital rape. The state "…engages in the definition, monitoring, and sanctioning of appropriate behavior" Torres, This can play out in criminalizing or not criminalizing marital rape and therefore deeming what is appropriate.
Catharine MacKinnon argues that rape laws in male dominated societies exist to regulate access to women from a male perspective, not to protect women's right to freely decide whether to engage in sexual intercourse or not.
Whatever the reason behind such laws, even when state laws have criminalized marital rape, state institutions perpetuate it. For example, although marital rape has been criminalized throughout the United States, the original laws of the s and s treated marital rape differently from non-marital rape, and in some states this continues to be the case even today see Marital rape United States law.
As these laws exemplify, marital rape is seen as somehow less reprehensible than rape outside of marriage Bergen, Even when marital rape is prosecuted successfully, courts often pass shorter sentences - even if the law itself does not stipulate this - based on the view that sexual violation is less serious if it occurs within marriage.
Following this same understanding, British courts often pass lower sentences to marital rape than to other cases of rape because it is believed that it causes less harm to the victim Mandal, Police departments are another state institution that treats domestic violence differently than other forms of violence.
Police often label domestic abuse calls as low priority, respond slower, and focus on what provoked the abuse rather than the violent actions of the perpetrator Schelong, Also, they often act as mediators in the situation because they may feel that domestic violence is a family matter and therefore not their business Schelong, While government institutional influences are vast, marital rape is often sustained by cultural ideologies.
According to Catharine MacKinnon and Andrea Dworkin, the issue of sexual violence, including within marriage, has not been a political spectrum issue - that is a left wing vs.
For many cultures, ideas of marital rape seem often foreign imposed and contradict the belief that such matters should be dealt with privately rather than by the government Smith, In other instances, notably in the country of India, members of the government have spoken publicly that marital rape cannot be recognized in their culture.
The Indian Minister of State for Home Affairs, Haribhai Parthibhai Chaudhary , stated in April , "The concept of marital rape, as understood internationally, cannot be suitably applied in the Indian context due to various factors, including levels of education, illiteracy, poverty, myriad social customs and values, religious beliefs, [and] the mindset of the society to treat the marriage as sacrament" Torres, For many other countries, the concept of marital rape is itself an oxymoron Smith, Women in these cultures largely "…share the cultural logic that marital rape is a contradiction in terms…" while men simultaneously "…see women's sexual consent in marriage as taken for granted…" and therefore "…reject the very concept of marital rape" Smith, The act of imposing sexual intercourse against the will of the wife is often not identified as morally wrong, and so it is difficult to attempt to stop the practice, "Often, men who coerce a spouse into a sexual act believe their actions are legitimate because they are married to the woman.
UN Women recommended the abolition of giving bride price, and stated that: "Legislation should [ Young women from various settings in South Asia explained in surveys that even if they felt discomfort and didn't want to have sex, they accepted their husbands' wishes and submitted, fearing that otherwise they would be beaten.
This situation leaves women with very little sexual autonomy. The notion that women are sexually autonomous and therefore have the ability to give or retract consent is not universally understood.
Gabriella Torres writes, "The degree to which women and men view themselves as unique social beings with a full ability to make choices and suffer consequences varies by culture" Torres, As a result, in cultures where women are not considered autonomous, they are not in a position to refuse sex: they have to choose between unwanted sex and being subjected to violence; or between unwanted sex and being abandoned by their husbands and ending up living in abject poverty.
According to Sheila Jeffreys , in Western countries, " sexual liberation " ideologies have aggravated the problem of male sexual entitlement, leading to women submitting to unwanted sex not only due to physical force or illegal threat, but due to societal pressure: "The force which has operated on them [women] all their lives and continues to operate on them within marriages and relationships remains largely invisible.
The prohibition of rape serves other purposes, such as protection of the rights of male relatives or husband, enforcing of religious laws against sex outside of marriage, or preservation of a woman's respect and reputation in society.
Under such ideologies it is difficult to accept the concept of marital rape. Richard A. Posner writes that, "Traditionally, rape was the offense of depriving a father or husband of a valuable asset — his wife's chastity or his daughter's virginity".
In many cultures, marriages are still arranged for the purpose of procreation, property, and consolidation of extended family relations, often including a bride price or a dowry.
In such situations, marriages are pre-arranged as an affair between families and clans. In some cultures, refusal of an arranged marriage is often a cause of an honor killing , because the family which has prearranged the marriage risks disgrace if the marriage does not proceed.
In Bangladesh, dowry demand at marriage is linked to increased sexual violence. In cultures where marriages are arranged and goods are often exchanged between families, a woman's desire to seek a divorce is often viewed as an insult to the men who negotiated the deal.
However, the fact that people in developing countries are increasingly selecting marriage partners by whether they are in love — a much more Western world view — does not necessarily improve the situation.
These types of marriages, especially in southeastern Nigeria, are putting women in more difficult positions: if one chooses to marry based on love against their family's wishes, admitting violence in the relationship is a disgrace because it means admitting that one made the wrong judgement Smith, The paradisaical narrative of man and woman in Genesis establishes a foundation of marriage:.
And likewise the husband does not have authority over his own body, but the wife does. Do not deprive one another except with consent for a time, that you may give yourselves to fasting and prayer; and come together again.
On the standing of each party to determine how this biblical principle—denial of conjugal relations—was to be effected was codified as an ecclesiastical canon in A.
Dionysian of Alexandria : "Persons who are self-sufficient and married ought to be judges of themselves.
The Christian religion teaches that pre-marital sex is fornication , and sexual relations by a married person with someone other than his or her spouse is adultery , both of which are sins , while sex within marriage is a duty.
This concept of 'conjugal sexual rights' has the purpose to prevent sin in the form of adultery and temptation as well as to enable procreation.
The above is interpreted by some religious figures as to render marital rape an impossibility. Further, Pentecostal Christianity prescribes gender expectations for married individuals that "…reestablish a patriarchal bargain…" in which "…women acquiesce to men's authority in return for certain kinds of support" Smith, Husbands are expected to provide for the family, and in return, wives are to submit to their husband's authority Smith, Ultimately, this "…strengthens some of the gender dynamics that make intimate partner violence possible in the first place" Smith, By contrast, Pope Paul VI in his encyclical letter Humanae vitae wrote that "Men rightly observe that a conjugal act imposed on one's partner without regard to his or her condition or personal and reasonable wishes in the matter, is no true act of love, and therefore offends the moral order in its particular application to the intimate relationship of husband and wife.
Another sustaining factor is the obligatory roles placed on wives and what they come to understand as their "duty". Their "duty" is to maintain family harmony and happiness Kwiatkowski, Further, because many of these women believe giving sex is their duty, they do not characterize their experience as marital rape Bergen, However, "…women who have experienced forced sex in marriage understand this experience as an abuse or violation", they just may not characterize it as marital rape Torres, On the other hand, husbands are influenced by the expectations of their masculinity.
In Africa, these expectations include being a husband, father, and head of the household which requires men to provide food, shelter and protection Smith, Along with this "…obligation of being the provider comes the privilege and authority of patriarchy" Smith, As a result, it is often the man's perception that his wife has challenged his authority that leads to the violence Smith, In the United States, masculinity is understood as a fixed entity that exists despite the changes of everyday life Connell, It is understood as being in comparison to femininity, and more specifically, in opposition to femininity: Masculinity is to superiority as femininity is to subservience Connell.
Therefore, masculinity is correlated with aggression in such a way that scholars argue violence is a way for men to show their masculine identity Umberson et al.
Another expectation of masculinity is that men are not to show their emotion Umberson et al. Instead, as Robert Connell argues, the "masculine prototype" is a strong and stoic man who appears to remain in control of the situation and his emotions Umberson et al.
This sense of control in Western masculinity has direct implications for domestic violence. Scholars argue that some men use violence to regain this sense of control when it is lost Umberson et al.
However, not all men who subscribe to masculinity expectations are violent. In fact, most men, in general, are not violent Umberson et al. For those who are violent, ideals of masculinity seem to play some causal role in their violence.
Research shows that "violence is more likely among men who experience a disconnection between their personal circumstances and their emotions" Umberson et al.
Evidently, there seems to be some connection between the masculine expectation of suppressing or disconnecting from one's emotions, and one's tendency to be violent Umberson et al.
Although marital rape is not always defined as such in different cultures, there is a universal understanding of the violation that comes with rape.
The criminalization of marital rape does not necessary mean that these laws are enforced in practice, with lack of public awareness, as well as reluctance or outright refusal of authorities to prosecute being common in many countries.
For instance, in Ireland, where marital rape was made illegal in , by there had been only two persons convicted of marital rape.
In many countries, most often, in practice, there will be no prosecution except in extreme cases that involve a very high level of violence.
There have been many problems with prosecuting the perpetrators of spousal rape, chief amongst them has been the reluctance of the various legal systems to recognize it as a crime at all.
However, criminalization has opened a new set of problems. While most parties agreed with the House of Lords' motive in making the decision, there were many who were of the opinion that the decision involved post facto criminalization, since the House of Lords were imprisoning spouses for doing what was once, according to the law, their right.
Another problem results from prevailing social norms that exist in certain cultures. In order for any law to be successfully enforced, the acts which it prohibits must be perceived by society as abusive.
As such, even if a jurisdiction enacts adequate laws against marital rape, in practice, these laws are ignored if the act is not socially considered a crime.
Other problems arise from the fact that, even in countries where marital rape is illegal, many people are not aware of the existing laws.
Because in most parts of the world marital rape laws are very new, many people do not know of their existence.
In many cultures, traditional ideas about marriage are deeply rooted in the conscience of the population, and few people know that forcing a spouse to have sex is illegal.
A report by Human Rights Watch stated that: "With few exceptions across Africa, marital rape is not recognized as a crime, and domestic violence is seen as a right of married men.
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This article is about rape within marriage. For rape before marriage, see Marry-your-rapist law. Non-consensual sex in which the perpetrator is the victim's spouse.
Further information: History of rape. See also: Rape in English law. Main article: Marital rape in the United States. Main article: Rape in English law.
Main article: Marry-your-rapist law. Main article: Effects and aftermath of rape. Further information: Male rape.
Further information: Gender roles. Main article: Marital rape laws by country. See also: Marital rape immunity in Singapore.
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Prosecution of gender-targeted crimes Women's shelter 25 November 6 February By country Gender violence. Afghanistan []. The EVAW law criminalizes 22 acts of violence against women, including rape, battery, or beating; forced marriage; humiliation; intimidation; and deprivation of inheritance.
Under the law rape does not include spousal rape. Albania []. The Criminal Code was amended in and to criminalise marital rape. The law criminalizes rape but does not address spousal rape.
Spousal rape can be punished by up to 15 years imprisonment. Angola []. Antigua and Barbuda [] []. The Sexual Offences Act, , includes in the definition of rape: "with a female person who is not his wife".
Argentina []. Rape of men and women, including spousal rape, can be punished by imprisonment from six months to up to 20 years.
Armenia []. Rape is a criminal offense, and conviction carries a maximum sentence of 15 years; general rape statutes applied to the prosecution of spousal rape.
Australia []. In , the Criminal Law Act was amended to abolish the exemption from punishment in cases where a husband raped his wife.
The laws of individual states and territories provide the penalties for rape. Austria []. Azerbaijan []. Spousal rape is illegal, but observers stated police did not effectively investigate such claims.
The Bahamas [] []. Rape of men or women is illegal, but the law does not protect against spousal rape, except if the couple is separated or in the process of divorce, or if there is a restraining order in place.
Bahrain []. Rape is illegal, although the criminal code allows an alleged rapist to marry his victim to avoid punishment. The law does not address spousal rape.
Bangladesh []. The law prohibits rape of a female by a male and physical spousal abuse, but the law excludes marital rape if the female is above Barbados [] [].
There are legal protections against spousal rape for women holding a court-issued divorce decree, separation order, or non-molestation order.
As of Belgium []. Marital rape was criminalised by court decision in Belize []. The criminal code criminalizes rape of men or women, including spousal rape.
The code states that a person convicted of rape shall be sentenced to imprisonment for eight years to life. Benin []. The law explicitly prohibits spousal rape and provides the maximum penalty of 5 years imprisonment for conviction of raping a domestic partner.
Bhutan []. Spousal rape is illegal and prosecuted as a misdemeanor. Bolivia []. In the government passed the Law Guaranteeing Women a Life Free from Violence, [] it included the repeal of the marital rape exemption in the Penal Code.
Bosnia and Herzegovina []. The maximum penalty for rape, regardless of gender, including spousal rape, is 15 years in prison.
The failure of police to treat spousal rape as a serious offense inhibited the effective enforcement of the law.
Botswana [] []. The law criminalizes rape but does not recognize spousal rape as a crime. Brazil []. The law criminalizes rape of men or women, including spousal rape.
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