By Monica Steiner , Contributing Author. Rape—any nonconsensual sexual intercourse— between non-spouses has always been illegal. To learn about related crimes, such as assault and battery, see Assault and Battery. For an in-depth look at the origins of the marital rape exemption, see The History of Marital Rape. Since , all 50 states and DC have enacted laws against marital rape.
Ireland  xssault. Journal of Marital sexual assault and Family, 65 1 The penalty for rape is up to 21 years in prison, depending on the severity of the assault, the age of the Asian brocade fabric silk, and the circumstances in which the crime occurred. Australia . In Queenslandfor example, the provision read: "Any person who has Marital sexual assault knowledge of a woman or girl, not his wifewithout 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 assalt and fraudulent representations as to the nature of the act, or, in the case Marital sexual assault a married woman, by personating her husband, is guilty of a crime, which is called rape. As these laws exemplify, marital rape is seen as somehow less reprehensible than rape outside of marriage Bergen, Kelly UN Women Asia and the Pacific. Health professionals should be aware of Marital sexual assault insidious and damaging role shame plays in sexual violence in order to provide supportive, compassionate responses to women who suffer because of it. Mouzos, J.
Urgent vs important model. Breadcrumb
Kriek's court action became the first reported case of rape in a marriage since the Domestic Violence Act was introduced in May 29, Bosnia and Herzegovina . Sexual Assault in the Military. Sexual Marital sexual assault is Conduct that is Unwelcome or Unwanted. The law criminalizes spousal rape only when a couple is divorced or separated or when there is a protection order from the Family Court. Officer-Involved Domestic Violence. Leadership Opportunities. As you consume the drink, the drug takes effect. Despite Marital sexual assault the perpetrator might be, however, rape is rape. Secondary Victimization. Spousal rape received less attention than physical violence against women. Acid Maritxl Breast ironing Dating abuse Domestic violence outline management and pregnancy Eve teasing Female genital mutilation Gishiri cutting Infibulation Foot binding Force-feeding Forced abortion Forced marriage Forced pregnancy Marriage by abduction Raptio Witch trials. While authorities could prosecute spousal rape under the general rape statute, they rarely sexusl so.
Jenny Teeson is fighting to change that in Minnesota.
- There are many different terms to refer to sexual violence that occurs within intimate partnerships, including: intimate partner sexual violence, domestic violence, intimate partner rape, marital rape, and spousal rape.
- Did you know that, according to the Bureau of Justice Statistics, 22 percent of reported rapes were committed by husbands or boyfriends, 47 percent by acquaintances, and 2 percent by other relatives?
Jenny Teeson is fighting to change that in Minnesota. Jenny Teeson at the Minnesota State Capitol. By Karen Zraick. Jenny Teeson was in the middle of a divorce when she found a video of her husband sexually assaulting her in her sleep. The discovery turned her into a leading advocate for overturning archaic laws that can make it nearly impossible to prosecute men for marital rape.
It showed her husband forcibly penetrating her with an object as she slept in their bed, their 4-year-old son asleep beside her, according to a criminal complaint. She was motionless as he attacked her. She believes she had been drugged.
Teeson, now 39, told the police about the video when she found it. Her husband ended up being charged with a misdemeanor, not a felony. In Minnesota, sex with someone who is physically helpless, as Ms.
Teeson was, cannot be prosecuted as rape if the two people are married or domestic partners. Though she was devastated to learn of the arcane law in Minnesota, Ms. Teeson quickly threw herself into the fight to change it, meeting with lawmakers and testifying at the State Capitol.
In February, her campaign scored a major victory. A bill to repeal the voluntary relationship defense unanimously passed the state House. Lawmakers gave Ms. Teeson a standing ovation. The bill is now making its way through the Senate , where it is sponsored by Senator Michelle Benson, a Republican. The full Senate is expected to vote on the bill before the summer recess begins on May A spokeswoman for Gov.
Tim Walz, a Democrat, said he would sign it if it passes. Teeson as the driving force behind the legislation. Stephenson said. By , they had succeeded in all 50 states, though the laws and legal precedents vary widely. Schafran said they were tied to the notion that rape by an intimate partner was somehow less painful.
AEquitas, which maintains a comprehensive database on marital rape laws, said hurdles to prosecuting sexual misconduct involving spouses or partners existed in 41 of 58 jurisdictions it reviewed. Those include the 50 states, the District of Columbia, United States territories, and federal and military law. That is piled on top of the difficulties of prosecuting intimate partner rape at all.
Cases are rarely reported, there are often no witnesses, and many victims struggle with testifying against a former partner. Yet many instances of sexual violence occur within intimate relationships.
An estimated 9 percent of women are raped by an intimate partner at some point, and an estimated 16 percent experience other forms of sexual violence by their partner, according to federal data. In March , Ms. Teeson discovered a trove of videos that her husband had secretly filmed. They included clips of her getting dressed, of the two of them having sex, and of his co-workers in the bathroom, she said.
The files, which she had found on an unfamiliar flash drive, shocked and terrified her, but they also gave her some much-needed clarity: She had to seek a divorce from her husband, Matthew Charles Heger. The couple had started dating in college and were married for 12 years.
She worked for a hospitality sales association, and he worked at a local bank. They had two young children. Teeson said. Kettwick, said that while he feels remorse over the videos, he disputes Ms. That was when she discovered the video of herself being assaulted. Teeson said she had to call the police repeatedly before she could get an appointment to give her statement. In September , Ms. She was told that Mr. Heger had been charged with a felony count of criminal sexual conduct in the third degree and could face up to 15 years in prison if convicted.
She felt mixed emotions, including a sense of safety. But hours later, the office called again, to tell her that the felony charge had been dropped.
Heger was ultimately charged with two misdemeanors in Ms. He pleaded guilty to the latter in October and was sentenced to 45 days in prison. The sexual conduct charge was dismissed as part of his plea agreement.
Heger was separately sentenced to 30 days in prison on charges related to the tapes of his co-workers. He received a total of four years of probation and had restrictions placed on his online activities, among other conditions. The National Sexual Assault Hotline provides assistance to anyone affected by sexual assault through a live chat and a free hour hotline: Karen Zraick is a New York-based reporter and editor, covering a wide variety of stories with a focus on breaking news.
Previously she wrote the Evening and Weekend Briefings, and worked on the International Desk and the home page team. Log In. Supported by.
Archived from the original on 8 January Although, historically, sexual intercourse within marriage was regarded as a right of spouses, engaging in the act without the spouse's consent is now widely recognized by law and society as a wrong and as a crime. Laws are rarely being enforced, due to factors ranging from reluctance of authorities to pursue the crime, to lack of public knowledge that sexual intercourse in marriage without consent is illegal. India . 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. Acquaintance rape occurs when someone you know or trust forces you to have sexual intercourse.
Marital sexual assault. Our Assessment
Is Marital Rape Illegal? How Do You Prove Marital Rape? | askderekscruggs.com
Marital rape or spousal rape is the act of sexual intercourse with one's spouse without the spouse's consent. The lack of consent is the essential element and need not involve physical violence.
Marital rape is considered a form of domestic violence and sexual abuse. Although, historically, sexual intercourse within marriage was regarded as a right of spouses, engaging in the act without the spouse's consent is now widely recognized by law and society as a wrong and as a crime. It is recognized as rape by many societies around the world, repudiated by international conventions, and increasingly criminalized.
Still, in many countries, marital rape either remains outside the criminal law , or is illegal but widely tolerated. Laws are rarely being enforced, due to factors ranging from reluctance of authorities to pursue the crime, to lack of public knowledge that sexual intercourse in marriage without consent is illegal. It exists in a complex web of state governments, cultural practices, and societal ideologies which combine to influence each distinct instance and situation in varying ways.
The reluctance to criminalize and prosecute marital rape has been attributed to traditional views of marriage, interpretations of religious doctrines, ideas about male and female sexuality , and to cultural expectations of subordination of a wife to her husband—views which continue to be common in many parts of the world.
Criminalization has occurred through various ways, including removal of statutory exemptions from the definitions of rape, judicial decisions, explicit legislative reference in statutory law preventing the use of marriage as a defense, or creating of a specific offense of marital rape. In many countries, it is still unclear whether marital rape is covered by the ordinary rape laws, but in some it may be covered by general statutes prohibiting violence, such as assault and battery laws.
Historically, in much of the world, rape was seen as a crime or tort of theft of a man's property usually either a husband or father. In this case, property damage meant that the crime was not legally recognized as damaging to the victim, but instead to her father or husband's property. Therefore, by definition a husband could not rape his wife. Also, American and English law subscribed until the 20th century to the system of coverture , that is, a legal doctrine under which, upon marriage, a woman's legal rights were subsumed by those of her husband.
In the US, the wife's legal subordination to her husband was fully ended by the case of Kirchberg v. Feenstra , U. English common law also had a great impact on many legal systems of the world through colonialism. Bovarnik, The families that arranged the marriage guarantee her permanent consent. A husband's control over his wife's body could also be seen in the way adultery between a wife and another man was constructed; for example in , English Lord Chief Justice John Holt described the act of a man having sexual relations with another man's wife as "the highest invasion of property".
Rape as a crime was constructed as a property crime against a father or husband not as a crime against the woman's right to self-determination. The property to be withheld in a female was her virginity; this was the commodity Bergen, Following this line of logic, a woman was and still is in many cultures across the globe first the property of her father, then, upon marriage, the property of her husband Bergen, Therefore, a man could not be prosecuted for raping his own wife because she was his possession Schelong, However, if another man raped someone's wife, this was essentially stealing property a women's sexuality Bergen, In English customs, "bride capture" a man claiming a woman through rape was thought to be stealing a father's property by raping his daughter.
Therefore, rape laws were created to "…protect the property interests men had in their women, not to protect women themselves" Schelong, This concept of women as property permeates current marital rape ideology and laws throughout the globe.
Following this logic, if consent is not part of marriage, then it is not necessary for intercourse. The autonomy of the wife is also often compromised in cultures where bride price is paid. Under customary law in certain parts of Africa, forced sex in marriage was not prohibited, although some specific circumstances, such as during advanced pregnancy, immediately after childbirth, during menstruation, or during mourning for a deceased close relative, were recognized as giving the wife the right to refuse sex.
Rape has been, until recent decades, understood as a crime against honor and reputation — not only in domestic legislation, but also in international law; for example according to the Article 27 of the Fourth Geneva Convention , "Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault".
Historically, many cultures have had a concept of spouses' conjugal rights  to sexual intercourse with each other. This can be seen in English common law , in force in North America and the British Commonwealth , where the very concept of marital rape was treated as an impossibility. Sir Matthew Hale's statement in History of the Pleas of the Crown did not cite a legal precedent for it, though it relied on earlier standards. In a case of Lord Audley's — , for instance, Hale cite's the jurist Bracton c.
While a physical assault against a spouse may be charged, such is distinct from the delegitimization of conjugal union itself as rape. Marriage then should not be defined as an "exemption" to rape but as "contradictory" to it. Marriage created conjugal rights between spouses, and marriage could not be annulled except by a private Act of Parliament—it therefore follows that a spouse could not revoke conjugal rights from the marriage, and therefore there could be no rape between spouses.
The principle was framed as an exemption to the law of rape in an English courtroom in R v Clarence ,  but it was not overturned until by the House of Lords in the case of R. R in ,  where it was described as an anachronistic and offensive legal fiction. From the beginnings of the 19th century feminist movement , activists challenged the presumed right of men to engage in forced or coerced sex with their wives. In the United States , "the nineteenth-century woman's rights movement fought against a husband's right to control marital intercourse in a campaign that was remarkably developed, prolific, and insistent, given nineteenth-century taboos against the public mention of sex or sexuality.
Nineteenth century feminist demands centered on the right of women to control their bodies and fertility, positioned consent in marital sexual relations as an alternative to contraception and abortion which many opposed , and also embraced eugenic concerns about excessive procreation. Gove Nichols, joined a critique of marital rape to advocate women's autonomy and sexual pleasure. De Cleyre defended Harman in a well-known article, "Sexual Slavery. Bertrand Russell who was awarded the Nobel Prize in Literature in his book Marriage and Morals deplored the situation of married women.
He wrote "Marriage is for woman the commonest mode of livelihood, and the total amount of undesired sex endured by women is probably greater in marriage than in prostitution. Feminists worked systematically since the s to overturn the marital rape exemption and criminalize marital rape. This establishes marital rape as a human rights violation.
The importance of the right to self sexual determination of women is increasingly being recognized as crucial to women's rights. Despite these trends and international moves, criminalization has not occurred in all UN member States. In , the UN Secretary-General's in-depth study on all forms of violence against women stated that page : . Traditionally, rape was a criminal offense that could only be committed outside marriage, and courts did not apply the rape statutes to acts of forced sex between spouses.
With changing social views, and international condemnation of sexual violence in marriage, courts have started to apply the rape laws in marriage. The current applicability in many countries of rape laws to spouses is currently unclear, since in many countries the laws have not been recently tested in court.
In some countries, notably jurisdictions which have inherited the Indian Penal Code such as Singapore , India , Bangladesh , Sri Lanka , Burma and some countries in the Commonwealth Caribbean region, the laws explicitly exempt spouses from prosecution for instance, under the Indian Penal Code, which has also been inherited by other countries in the region, the law on rape states that "Sexual intercourse by a man with his own wife is not rape".
An example of a country where the rape law explicitly excludes a husband as a possible perpetrator is Ethiopia ; its rape law states:  "Article - Rape: Whoever compels a woman to submit to sexual intercourse outside wedlock , whether by the use of violence or grave intimidation, or after having rendered her unconscious or incapable of resistance, is punishable with rigorous imprisonment from five years to fifteen years".
Another example is South Sudan , where the law states: "Sexual intercourse by a married couple is not rape, within the meaning of this section". Art By , in Europe, there was international pressure to criminalize marital rape: the European Parliament's Resolution on Violence Against Women of called for its criminalization. It also provided a definition of violence against women, and gave a list of non-exhaustive examples, including marital rape see section "Definition" para 1.
Although the approach on the issue of violence against women has varied significantly among European countries, the traditional view that acts of violence against a woman are crimes against honor and morality, and not against the self-determination of the woman, was still prevalent in the s in many countries.
A report produced by Amnesty International ,  described Danish laws on sexual violence as "inconsistent with international human rights standards",  which has led to Denmark eventually reforming its sexual offenses legislation in The countries which choose to ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence , the first legally binding instrument in Europe in the field of violence against women,  are bound by its provisions to ensure that non-consensual sexual acts committed against a spouse or partner are illegal.
Countries which were early to criminalize marital rape include the Soviet Union ,  Poland , Czechoslovakia , some other members of the Communist Bloc , Sweden ,  and Norway Marital rape was criminalized in Austria in  and in it became a state offense meaning it can be prosecuted by the state even in the absence of a complaint from the spouse, with procedures being similar to stranger rape . In Switzerland marital rape became a crime in  and became a state offense in .
In Spain , the Supreme Court ruled in that sex within marriage must be consensual and that sexuality in marriage must be understood in light of the principle of the freedom to make one's own decisions with respect to sexual activity; in doing so it upheld the conviction of a man who had been found guilty of raping his wife by a lower court. In Europe , Finland outlawed marital rape in The country has been made the object of international criticism in regard to its approach towards violence against women.
Belgium was early to criminalize marital rape. In , the Brussels Court of Appeal recognized marital rape and found that a husband who used serious violence to coerce his wife into having sex against her wishes was guilty of the criminal offense of rape. The logic of the court was that, although the husband did have a 'right' to sex with his wife, he could not use violence to claim it, as Belgian laws did not allow people to obtain their rights by violence. It would appear, however, that to the extent that the marital rape exemption exists, it is confined to circumstances where the spouses are cohabiting and there are no separation proceedings in being, or even, perhaps, in contemplation.
In France , in , following a case where a man had tortured and raped his wife, the Court of Cassation authorized prosecution of spouses for rape or sexual assault.
In the Court convicted a man of the rape of his wife, stating that the presumption that spouses have consented to sexual acts that occur within marriage is only valid when the contrary is not proven. Germany outlawed spousal rape in , which is later than other developed countries. Female ministers and women's rights activists lobbied for this law for over 25 years.
Before a new Criminal Code came into force in ,  the law on rape in Bosnia and Herzegovina also contained a statutory exemption, and read: " Whoever coerces a female not his wife into sexual intercourse by force or threat of imminent attack upon her life or body or the life or body of a person close to her, shall be sentenced to a prison term of one to ten years ".
Marital rape was criminalized in Serbia in ; before that date rape was legally defined as forced sexual intercourse outside of marriage. In , in Judgment no. Marital rape was made illegal in the Netherlands in In Italy the law on rape, violenza carnale 'carnal violence', as it was termed did not contain a statutory exemption, but was, as elsewhere, understood as inapplicable in the context of marriage. Although Italy has a reputation of a male dominated traditional society, it was quite early to accept that the rape law covers forced sex in marriage too: in in Sentenza n.
Cyprus criminalized marital rape in It entered into force on 24 October This legislation also prohibits numerous other forms of violence within marriage and cohabiting relations, and various other forms of abuse of women. Liechtenstein made marital rape illegal in In Colombia , marital rape was criminalized in ,  in Chile in Thailand outlawed marital rape in One opponent of the law was legal scholar Taweekiet Meenakanit who voiced his opposition to the legal reforms.
He also opposed the making of rape a gender neutral offense. Meenakanit claimed that allowing a husband to file a rape charge against his wife is "abnormal logic" and that wives would refuse to divorce or put their husband in jail since many Thai wives are dependent on their husbands.
Papua New Guinea criminalized marital rape in Section of the Indian Penal Code IPC considers the forced sex in marriages as a crime only when the wife is below age Thus, marital rape is not a criminal offense under the IPC. The traditional definition of rape in the United States is the forced sexual intercourse by a male with a "female not his wife ", making it clear that the statutes did not apply to married couples.