Get Inspired, Be Empowered Forums Rights & Laws Marital rape isn’t legal, and that’s okay?

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27 replies, 27 voices Last updated by Manpreet Singh 4 months, 1 week ago
  • Rashmi
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    @rashmi
    #13851
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    I have read all the above thoughts and what other people think. I am afraid that people yelling for egalitarianism think only women get raped. I know the number and vulnerability associated with women is more than a man. But I think we also need to let our focus go through men getting raped.

    Above from culture , marriage, religion, and everything . Rape is rape whether it is with a man or a woman . Nobody is allowed to force his or her sexual desires on other without consent .

    Another thing what do you guys think criminalising will solve the problem.There are no parameters yet to confirm who is getting raped.

    How can you ensure a woman saying she got raped under the veil of marriage has actually got raped ?

    It’s up to the reader you can consider me a misogynist or a male chauvinist. But a voilence is considered as voilence when it is applied on both the sexs ( considering binary only) as humiliation.

    There are more than one facet to this problem.

    #Think Equality

    Piyu Radadiya
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    @piyu
    #29602
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    Marital rap isn’t legal .I guess marrying someone is life’s most beautiful thing. Marital rape is vey thing. I feel that without the wife consent, the husband cannot force her to have sexual intercourse with him. There is no right to anyone to force women for anything to do.

    Darshini Suresh
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    @darshinisuresh
    #29607
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    I feel marrying someone doesn’t give the right to the opposite person to dominate your will. You still have your own identify, your own intellect. If a woman doesn’t want to get intimate after marriage, it’s her choice and someone forcing her to do so just because of the title put ( marriage) should be stated illegal too. These words, oh my god I don’t know when all this would change but I strongly oppose on it.

    aishwaryaaji
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    @aishwaryaaji
    #30708
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    In a country where there’s no sex education to teach the youth and old people what consent is, how to practice safe sex, and anything about women’s pleasure, it would be even more impossible to believe that marital rape IS criminalized.

    In India, it is a known fact that everyone prioritizes family over other people, and once a woman is married into another family, it is her duty to serve her husband and in-laws and keep mum and bear all the atrocities they commit against her; whether it be domestic violence, slave treatment or marital rape.

    It is thrust upon the young woman that it is her obligation to fulfill her husband’s sexual desires whenever he wants it and comply silently. The only job the woman must do is give birth to the baby that comes from it.

    It is most probable that men in India don’t know what consent or respect means because they are nurtured from childhood to believe that they are superior, and women can be smashed down upon, and still, no one would stand up for them. This is why boys catcall, comment on women’s attire and behavior like they have the right to do so, touch a woman inappropriately because he believes she is ‘asking for it.’

    All these actions disseminate rape culture, which ultimately leads them to believe that women are under their control because they are weaker and cannot and will not retaliate. There are many cases of marital rape that go unreported either because it is deep-rooted in both the parties as something normal and part of the culture, or because the law has no solution to it since it is not criminalized. Either way, many women suffer in silence when a man that they’re supposed to trust the most betrays them like this.

    In India, consensual sex means nothing. Only marital sex is correct. Thus, even if two parties have consensual pre-marital sex, it is considered a crime, whereas non-consensual sex behind closed doors of a married household is considered normal and turned a blind eye to.

    It is almost as if marriage is a legal sanction to have sex. 🙂

    But now a lot more people are coming forth against marital rape, and women are empowered to leave the toxic households. The younger generations are putting in the effort to learn about consent safe sex, too. But it is not enough. Unless and until there’s a law that protects victims and ensures proper punishment for those who commit it, India will not progress. Sex education is very important in this country right now and much needed.

    shilpagladwins
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    @shilpagladwins
    #30709
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    Marital rape is something that is not widely talked about because it is not considered rape. Why would it be? It is simply sexual intercourse between a married couple. This is where one can see the failures of our Indian culture.

    In India, where there is no sex education, no teaching about consent, and such, people don’t have a grasp on the concept of sex. Al we hear is that sex is bad and it should be done after marriage.

    A married woman is expected not to disappoint her husband and in-laws. She is to accept whatever her husband desires. If the husband wants sex, she has to have it even if she doesn’t want to because she isn’t allowed to express her consent. Consent is not a concept that is taught, despite it being an important factor in our lives. In a marriage, the husband’s sexual desires take more priority. It is not considered rape as we are taught that sex between married couples is normal.

    Since pre-marital sex is frowned upon, some would marry for the sole purpose of having someone submissive to them, someone who will serve as an object to unleash their sexual desires on. It is marital rape if one part doesn’t consent to it, but it goes unreported because of family and social values.

    Men are brought up in a society that favours men. Their problematic actions are waved off as ‘boys being boys’. This gives them a leeway to do whatever they want. How many women have had to face sexual harassment by just walking in the streets?

    Previously, marital rape would go unreported because victims feared for their reputation. They would put up with the abuse solely to avoid disappointing their families in the event of a failed marriage. Things are changing now, and people are coming forward with cases of marital rape, raising awareness about the dangers of this.
    Just because sex after marriage is accepted or normal, it does not imply that all subsequent sex is normal. Marital rape, sexual abuse by either party and other factors all contribute to toxic marriages. Consent is required in a marriage, especially when it comes to sexual intercourse. The lack of sex education is obvious, and it is past time that the next generation is properly educated about it to avoid such issues as much as possible.

    PALAK KASHIV
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    @palak
    #31096
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    I really appreciate your voice on the marital rape issue there are many women suffering but they can’t take any legal action because there is no strict law regarding this. Man can’t really sexually assault any female even if she is her wife because she is not a commodity it’s her choice if she is ready to do it and marriage is not only about physical intercourse but also about understanding, respecting each other, giving each other support. Now it‘s high time women should start speaking about suffering there is nothing wrong in speaking about our marriage relationship there is a very wrong belief in society that if women are married they can’t discuss her problem she is facing in her married life. But today lot of things are changing, now we should start fighting this battle of fighting against marital rape.
    And I want to appeal to our Indian government pleases consider this is as serious and take some action quickly. Every man should understand that if she is not ready he should step back and respect her choice no matter what because she is also a human being. I think if a woman is educated and independent it becomes a lot easy to understand what’s going wrong and gives her more liberty to take some action. And also parents should understand not to force their daughter to marry, please ask her if she is ready for this big change in her life. Sometimes we have to stop continuing the legacy of our Indian society start listening to our daughter’s what she wants. Do not go silent raise your influence to inspire the next generation of men to honor women. We have to be the change to make a change #say no to marital rape women start fighting for themselves and should end this

    Tanima
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    @ta
    #31098
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    Ok, so here we’re talking about #maritalrape.
    What do you think? I mean many people here must be brought up in a typical indian society and now just wondering…’What’s this all about ! Marital and rape! There couldn’t be any connection… Marriage is a license of free sex , right?’
    Wrong… Yes, according to our culture and law, husband-wife can have sex freedom but what about that nonconsesnsual sex?
    You must be laughing thinking’ What the heck, where did that come from?’
    Yes, we just neglect this matter like we, women are always used to neglect any public harassment, uncomfortable touch, eve-teasing etc until it reaches at the level of rape.
    Yes, rape, any nonconsensual intercourse, is a big deal for us until it comes to marital rape.
    So, what’s the marital rape? – nonconsensual intercourse with your spouse after marriage.

    The definition of rape codified in Section 375 of the Indian Penal Code (“IPC”) includes all forms of sexual assault involving nonconsensual intercourse with a woman.However, Exception 2 to Section 375 exempts unwilling sexual intercourse between a husband and a wife over fifteen years of age from Section 375’s definition of “rape” and thus immunizes such acts from prosecution. As per current law, a wife is presumed to deliver perpetual consent to have sex with her husband after entering into marital relations. While unwilling sexual contact between a husband and a wife is recognized as a criminal offense in almost every country of the world. But the most abusive thing is there are even 36 such countries who doesn’t even recognize it and India is one of them.
    Article 14 of the Indian Constitution ensures that “the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” Although the Constitution guarantees equality to all, Indian criminal law discriminates against female victims who have been raped by their own husbands.An analysis of National Family Health Service (NFHS) 2015-16 data declared that the average Indian woman is 17 times more likely to face sexual violence from her husband than from others.

    And why does it matter? Because we atleast consider rape as an illegal offense but regarding marital rape… We just tell our daughter, our sister to go and manage as what will she do? Divorce? Court case? For such an insane tiny cause! Funny is it?
    Cause can be anything , but that feeling which a woman will experience at the time of rape will remain same. So particularly we are sending our women back to the den of that rapist from whom we’re trying to save her all the time. Is there any difference at all?

    Manpreet Singh
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    @manpreet
    #31110
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    The whole situation regarding marital rape in our Indian society needs to be changed. It is very clear and obvious that men, as a holder of title husband, are clearly misusing their position in marital settings. They just think that they have some kind of license to derive sexual pleasure from their spouses whenever and wherever they desire. This has ultimately reduced the position of women to mere private property. This position cannot be allowed to hold water in the present time where the constitution has evolved in terms of rights and the importance given to the living conditions and equality is more than ever.
    The whole situation has emerged from the historical background of the position of marriage as a kind of contract where the wife was treated as the property of the husband. Be it any religion, the central theme that ran in the marriage contract was that the ownership over the wife. According to this notion, the criminal laws were evolved, which justifies marital rape. But in the present context, when the boundaries of fundamental rights are ever-increasing, it is inevitable that this position must be changed. The main hurdle in between the change is the strong religious roots which are not easy to move and the lack of political will from political parties isn’t helping. The deep-rooted patriarchal mindset, which has taught our men that they have some kind of license also needs to be changed.
    Some positive steps however have been taken, recently the honorable Supreme Court of India, in that case, raise the minimum age from voluntary sex to 18 years, also the right to privacy has been increasing its boundaries. It is now to be seen that how are political representatives use these examples to make laws according to modern times. along with that, we have to make other women more educated to us they’re right, so to make them realize that they are not mere property in the hands of their husbands, but a human being who has same fundamental rights.

    Anika
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    @anika
    #31121
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    Rape, no matter what the circumstances, who or where it happened is illegal. It is not just a crime, it also affects the victim in many ways, mentally and physically. People have disgusting attitudes about rape and the case with marital rape is no better.
    What people need to understand is that consent is important no matter what. If a person doesn’t say yes, it means no. Even if they do not say the word “No”, if the word yes wasn’t uttered, they’re clearly uncomfortable and do not want to proceed further. People think that in marriages they can do whatever they want. As a spouse to your significant other, you should understand when they’re not ready and respect their wishes. Marriage is a union, so people shouldn’t think that they can just have their way.
    Men often think they own their wife in the relationship. They are extremely over protective. With that attitude, they feel that they can do anything they want. People need to understand that they need to know how to have some basic respect for their spouses.
    The lack of sexual education in schools also plays a part. India is a country wherein sex is still a taboo topic and anyone who just wants to know a bit is considered a bad person.
    You should also correct your friends when they’re wrong. Correct them when they’re making disgusting jokes. Do not normalize this behaviour. Be a part of change. Start correcting yourself and others today.

    DISHA SAPKALE
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    @42disha
    #31130
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    Marital rape must need to be illegal in every country . There is a survey report shown that 5.4% women are victims which is “Physically forced her to do sexual intercourse with him even she did not want to” , As per the report the police mostly files cases under IPC section 377 , when there is forced anal penetration and in a few instances , under section 498A , in previous case of cruelty have already been registered . In most cases reported from emergency wards, the police delayed collection of medical evidence from these hospitals and also did not wish to record a FIR. 13% of the women also reported that their spouses withheld sex , which has to be understood as a form of sexual violence . 79% of the 2,325 women received between 2001-2011 were married they reached to hospital to seek treatment for injuries received due to different types of violence , and not to report sexual violence. In many cases report where women spent 20 – 40 years of their life sexually abused by their husband and not reported just to save their marriage . There are different-different types of marital rape which need to be stop THREATENED OR FORCE SEX , BATTERING RAPE , FORCE-ONLY RAPE , OBSESSIVE RAPE. Perpetrators of marital rape will often use different tactics to make their victims submit to sexual acts, such as non-physical sexual coercion and threatened or forced sex. Marriages with obsessive rapes were characterized by unusual sexual activities, such as bondage and the use or reenactment of pornography. Force-only rape was the second most common form of marital rape , However, research in this area has divided marital rape into two categories: non-physical sexual coercion and threatened or forced sex. Non-physical sexual coercion involves the use of social and interpersonal pressure by the perpetrator to make the victim consent to unwanted sexual activities. Threatened or forced sex involves the use or threat of force by the perpetrator to obtain sex. Although non-physical sexual coercion occurs more often, the majority of the research on rates of marital rape focuses on threatened or forced sex.

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