marital rape..! why it goes unpunished?

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413226

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Posted: 11 years ago

#11

marital rape gets punished at last!

http://timesofindia.indiatimes.com/india/Treat-marital-sexual-abuse-as-rape-Court/articleshow/31434943.cms

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souro

@souro

Alumni

+ 2

Posted: 11 years ago

#12

Originally posted by: enigmatic_zephy

The court's line of argument is..that recognizing marital rape has practical problems..since in a married relationship u r expected to be having sex...

That's what makes me sceptical about marital rape. How is it supposed to be proven? If there was physical abuse then it is easier to determine but then that can be dealt with relevant laws pertaining to physical abuse. Whereas coercion without being physically abusive, how is that supposed to be proven? Won't it become her word vs his word? And can that at all be considered rape?

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return_to_hades

@return_to_hades

Stunner

+ 6

Posted: 11 years ago

#13

Originally posted by: souro

That's what makes me sceptical about marital rape. How is it supposed to be proven? If there was physical abuse then it is easier to determine but then that can be dealt with relevant laws pertaining to physical abuse. Whereas coercion without being physically abusive, how is that supposed to be proven? Won't it become her word vs his word? And can that at all be considered rape?

If she resisted and the sex was forced, there is usually some physical evidence supporting forced sex like tearing, bruising.

In the case that Peridot. posted the charge was sodomy. So I think the unnatural sex acts IPC 377 ruled in her favor. That still leaves me skeptical of how courts will treat other instances of marital rape.

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373577

Suspended

Posted: 11 years ago

#14

How do they prove marital rape in countries where it is illegal?

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Destinyhope0305

@Destinyhope0305

Stunner

+ 5

Posted: 11 years ago

#15

Ya exactly ! I have even came upon some cases where a woman is asked to sleep with her husband's brother just coz her hubby is infertile! Wht Crap! N family support dis just coz dey want der 'Family name' to be immortal! Nonsense ! I really hate our Indian Laws!

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Lavendar

@Lavendar

Beginner

Posted: 11 years ago

#16

Just because you are married does not give your spouse the right to attack whenever he or she wants. Rape is rape if there was not consent.

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souro

@souro

Alumni

+ 2

Posted: 11 years ago

#17

Originally posted by: Destinyhope0305
Ya exactly ! I have even came upon some cases where a woman is asked to sleep with her husband's brother just coz her hubby is infertile! Wht Crap! N family support dis just coz dey want der 'Family name' to be immortal! Nonsense ! I really hate our Indian Laws!

What has that got to do with Indian laws. Nowhere in Indian law does it say that you can force a woman to sleep with someone else just because the husband is sterile.

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373577

Suspended

Posted: 11 years ago

#18

Originally posted by: souro

What has that got to do with Indian laws. Nowhere in Indian law does it say that you can force a woman to sleep with someone else just because the husband is sterile.

Very true. It is just a custom that has gained social acceptance over time. Does such social acceptance grant a sort of legal sanction to the practice?

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Destinyhope0305

@Destinyhope0305

Stunner

+ 5

Posted: 11 years ago

#19

Originally posted by: souro

What has that got to do with Indian laws. Nowhere in Indian law does it say that you can force a woman to sleep with someone else just because the husband is sterile.

i said law coz whenever such cases are in limelight, they r eclipsed just coz our "punishment" laws aint concrete enough! Like for instance Come on u cant ignore a person seducing anyone just coz it isnt in Indian Laws how to treat 'Seducers'!

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Rini

@-bLEu98-

Inactive

+ 2

Posted: 11 years ago

#20

Recently, Delhi High Court ruled out marital rape as a punishable offence too! 🤢 According to the verdict delivered by the judge who reiterated this particular section of the IPC, if one spouse is forcing the other to have sex within marriage, then it is legal and not culpable unless the one being forced is under the age of 15!

While the sessions court had held the man involved guilty, the high court acquitted him with the aforementioned ruling.

I'm literally scared to even think of marrying, being the citizen of this country because tomorrow if the man I marry turns out to be a rapist then the law of my country won't protect me. It'll merely grant me a divorce but it'll not recognise my humiliation.

Basically Indian law still sees the wife as a sex slave.

First of all, I think the term 'marital rape' has to go. It is RAPE. And Rape is RAPE. And it is NOT sex. Be it within or without marriage.

Also this law contradicts the constitution itself.

Firstly the law of India does not recognise a marriage that involves minors, with reference to the verdict.

Secondly, the state of India which is a 'sovereign secular democratic republic' is founded upon the principles of equality, liberty, and fraternity.

This law stands in clear violation of the 1st two principles of equality and liberty- when one spouse is raped by another, how are the two equal? and where is the liberty of the victim here?

But very few people in our legislative assembly will raise these questions, as they are too busy preserving the so-called sanctity of marriage!