...AGAINST LAWS CRIMINALIZING MARITAL RAPE Marital rape is rape within a marriage, where consent to sexual intercourse is not given. According to Wikipedia, which defines it rather succinctly, “Marital rape, also known as spousal rape, is non-consensual sex in which the perpetrator is the victim’s spouse. As such, it is a form of partner rape, of domestic violence, and of sexual abuse. Once widely condoned or ignored by law, spousal rape is now repudiated by international conventions and increasingly criminalised. Still, in many countries, spousal rape either remains legal, or is illegal but widely tolerated and accepted as a spouse’s prerogative.” The root of the generic term “rape” can be traced from the latin term “Raptus”, which literally means “to seize” and in Roman law, it was used to imply violent theft, in relation to both property and person. Since, historically, a woman was also considered a property, rape was synonymous with abduction and a woman’s abduction or sexual molestation, was merely the theft of a woman against the consent of her guardian or those who had lawful custody of her person. The injury, ironically, was treated as a wrong against her father or husband, women being wholly owned subsidiaries. Such was the appalling status of women. Not surprisingly, thus, married women were never the subject of rape laws. A legal immunitywas bestowed upon husband in respect of his wife, sprouting solely and wholly by virtue of the marital cord. Section 375 of the Indian...
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...Debates on Marital Rape being an exemption in the IPC INTRODUCTION Violence against women within the family has become a contemporary issue. With the mounting concerns of researchers and women activists, a plethora of literature is coming out on the nature, extent and reminiscent strategies of violence within public as well as private domain. The physical and sexual abuse of women in public domain and children has become widely recognized. Laws have been changed, shelters and treatment programs have been launched, and documentaries/movies have been made on the issue, yet sexual relations within married couples are less discussed and scantily researched issues in India. There is a curious silence surrounding sexual violence towards wives as wife, family and children are considered as private issues and moreover notion of family rest on the peace and security of women. Though widespread, sexual violence or marital rape is still regarded as a tabooed issue. Marriage has always been known as a sacred institution but, wonder how much of it exists today. Marriage is no more a ‘sacrosanct institution’, for, there are issues within it that have sort of shaken the ground basis of the entire union of a man and a woman and this idea of the “sacrosanct” institution of marriage is dished out by the mainstream Indian cinema is a myth and is contrary to women’s perceptions of reality. Marriage now, is just not limited to being with the man you love, respect and want to spend your...
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...According to the Webster’s online dictionary rape can be defined as, “The crime of forcing another person to submit to sex acts, especially sexual intercourse (Merriam Webster 2011).” With reference to marital rape this same concept is applied, except the conditions exist now within the commitment of a marital bond. Many persons feel as if, because a couple has made such a commitment to each other then, it is impossible for rape to exist within a marriage. The question arises, is there really such a thing as rape within the marriage? We feel as though it is in fact possible for one to be raped within this context, and throughout this document we will attempt to discuss the law as it presently stands with relation to the sexual offenses act, the proposed amendment of said law, our views as well as others concerning this issue. What Does Our Law Say About Marital Rape? Rape has long been considered as a scourge of humanity throughout various cultures around the world. It has been made illegal in almost every country as a result of the physical and emotional harm that it causes. The context of rape may vary from country to country and from culture to culture but in the Bahamian code of law, its definition is clearly defined. Before one can truly discuss marital rape the question must be asked, what is the definition of rape according to Bahamian law? The present law in the Bahamas defines rape as “the act of any person not under fourteen...
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...respondents said that they gamble to win money. Now let us see the other side of the spectrum. We have seen what attitude causes some people to gamble. Now let us see what attitude causes other not to gamble. This will be quite interesting. Because money comes first here. Fear of losing money is primary reason for not gambling. Then there comes ethical or moral concern. This will be more sought of prevalent in conservative societies. People tend to go with ethics, morals etc. Then there comes other reasons like Age: If you consider the age factor, youths in the age group of 18-30 are more likely to involve in gambling than the other age groups. Gender: This is quite obvious. Males are overwhelmingly involved in gambling than the females. Marital status: People who are single i.e; unmarried or divorced are more likely to be involved in gambling. The main reason is that they have less family obligations when...
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...Introduction This project is based on the issue of rape. Is consist of the causes, effects, preventive methods that can be taken to reduce ones self from being targeted. Expository Piece What is rape? This is the non-consensual act of sexual intercourse whether anal, oral, or vaginal penetration, that involves the lack of consent as a result of use of force, violence, duress, menace or immediate and unlawful bodily injury, or if the person is in capable of giving consent because he or she is incapacitated from alcohol and or drugs, or if a mental disorder or development or physical disability renders the victim incapable of giving consent. There types of rape are stranger rape and marital rape. Marital rape is sub-divided into three categories, these are violent rape, force-only and sadistic rape. Stranger rape is usually one off or someone you don’t know while marital rape the circumstances are different. It is quite apart from physical and sexual violation, a betrayal of trust because this is your spouse; the person that you thought you knew intimately, with whom believe was the last person to throw harm your way. Violent rape occurs as the name suggests when the abuser uses enough physical violence to cause injury to the victim. Force-only rape is quite different as this usually includes using only enough force on the part of the abuser to control or hold the victim in position. While sadistic rape is sometimes also present. This tends to indicate...
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...Minnie Lee and Sandra Chip are both sergeant first class attending the Advanced Noncommissioned Officer Course (ANCOC). They have become good friends during their training and have a lot in common. Both of them are divorced and have one child. With only a week left in the course, they decide to go to the theater to see the latest movie. As they watch the movie Minnie asks Sandra, “May I kiss you?” Before Sandra can respond, Minnie grabs Sandra and places her mouth over her lips. Sandra struggles to get away, not believing what is happening to her. After pulling away, she walks out of the theater in a state of shock and surprise a. Does the scenario describe a sexual assault? yes b. If so, what type? Incident Assault c. If rape, what type? Not rape d. Who is the victim? Sandra e. Who is the alleged perpetrator Minnie ANSWER: Sexual assault is an involuntary sexual act in which a person is threatened or forced to engage against their will, or any sexual touching of a person who has not consented. Indecent assault is an assault that is sexual in nature. Any person who has indecent contact with another or takes indecent liberties with a person without his or her consent is guilty of indecent assault. The fact that Sandra was trying to pull away is the gesture saying that Minnie’s actions are unwanted. It is a sex crime. There are many COAs in which Sandra can handle this situation. The key to mission accomplishment, according to Army policy, is maintaining...
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...commentary: ‘… the husband cannot be guilty of rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract the wife hath given herself up in this kind unto her husband which she cannot retract’.[1] This proposition suggests that by marriage a wife gives her irrevocable consent to sexual intercourse with her husband under any circumstance. The same line of thinking was proposed by Hume[2] in the criminal law of Scotland. The propositions of Hale and Hume were appropriate considering the status of women in the 18th century. At that time married women were completely submissive to their husbands. The first case in which marital exemption was applied is that of R v Clarence[3] in 1888. In this case the judge argued that the husband could be liable only for assault. A similar judgment was held in R v Jackson[4], where it was argued that in case a husband has intercourse with his wife against her will, he should not use violence, otherwise he is to face charges on wounding or causing bodily harm. The use of violence during the attempt is the mean of achieving the act of raping, which is the most aggravated form of violence these assaults could lead to, therefore, these decisions are obscure. The ambiguity of these decisions rests in the fact that the judges sanction the husbands for using violence to achieving their intention of having sexual intercourse, but not for the worst assault (i.e. rape). Based on these reasoning Lord Emilie observed...
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...Kia Andrews February 25, 2012 CJ 3345-XTIB 12/T3 Mrs. Kappeler Rape and the Different Types According to Siegel (2012), Under traditional common-law definitions, rape involves nonconsensual sexual intercourse that a male performs against a female he is neither married to nor cohabitating with. Rape is a major problem that many of us Americans are facing today. (p.339) There are so many people today whose lives are changed forever because of being raped. We have to protect ourselves and loved ones from being one of those victims. There have been many ways to try and stop the victims from becoming victims, but it is still going on in today’s society. Some of the types of rape range from gang, serial, date, acquaintance, statutory, and marital. They differ in how, who, and when the victim is being raped. In this paper I am going to be explaining what is rape and the different types that are found in today’s criminal justice system. Rape started back in the Middle Ages where it was common from men to find women to take and rape them. According to Siegel (2012), During the Middle Ages, it was common for ambitious men to abduct and rape wealthy women in an effort to force them into marriage.(p.339) Rape is not only when a man rapes a women, but it can be a man over a man or women over man or another woman. As time passed from the Middle Ages, rape has affected many people in the world. There are many laws that are out now to protect...
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...Throughout the years rape culture is something that has been in the news, daily lives, online, and in the media pretty regularly lately. Rape has been defined as, “Unlawful sexual activity and usually sexual intercourse carried out forcibly or under threat of injury against the will usually of a female or with a person who is beneath a certain age or incapable of valid consent. Medical professionals have tried to categorize rape to legitimize it. The first category is Gift-From-God-Rape which means that if the rape resulted a pregnancy then it was meant to happen. The second category, Legitimate Rape states that if the rape was legitimate then the female body cannot become pregnant because it shuts down during the attack. 32,000 women get pregnant from rape in the United States each year. In cases where the woman did get pregnant her rapist can now obtain custodial rights to the child, even if he was convicted of the rape. Our culture has begun to place more importance with the parentage of a child than the safety of the child and the mother. The last category is by far the worst; Enjoyable rape is the notion that if a person is going to be raped, then they should lay back and enjoy it. Recently it seems that we see or hear someone talking about rape culture at every turn, but this is far from a new problem. It is, however, being talked about for the first time. With the internet changing the way that people can network over great distances, more people are speaking out and...
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...CJA105 AUO Introduction to Criminal Justice M3 A2 Marital rape is one of the most under reported crimes in the western hemisphere. The common thought is how can the husband take something that belongs to him? Rape by someone you have been sexually intimate with is often not seen as “real rape”. Such attitudes are based on the premise that having given initial consent, the woman is not free to withdraw it. In a study done by Diana Russell, rape in marriage is the most common yet most neglected area of sexual violence. In a 1985 study, it is estimated that 100 to 14 percent of all married women have been or will be raped by their spouses. A study done in the 1980’s, on juvenile girls caused shock when the figures came in . Teen dating often involves rape and sexual assault, and it continues to be on the rise. 1 in 10 high school students have experienced dating violence and nearly 22% of college students. As I looked for a specific case, I began to notice something… I can’t find any. I cannot find anything in the US. You want to know why? Do I need to reiterate it? When a victim goes to file a report, to press charges and the Detectives say, “The Prosecutor will not go any further than this because you did, (such and such) before. What recourse does she have? If she has the stamina, she can leave him. If not, she lives in the hell her marriage has become. Although marital rape happens more than it should in American society, I have found that it is rampant with foreign...
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...What are the types of violence against women? Behaviors included in the broad category of violence against women include homicide, intimate partner abuse, psychological abuse, dating violence, same-sex violence, elder abuse, sexual assault, date rape, acquaintance rape, marital rape, stranger rape and economic abuse. The effects of this violence can negatively affect a woman’s reproductive health, as well as other aspects of her physical and mental well-being. Long-term risks include chronic pain, physical disability, drug and alcohol abuse and depression. Women with a history of physical or sexual abuse also have an increased risk for unintended pregnancy, sexually transmitted infections and adverse pregnancy outcomes. The vast majority of violence against females is perpetrated by males. Are some women more at risk for physical assault than others? Physical assault by someone known to the victim is a leading cause of injury to women. Nearly two million women are assaulted each year in the United States, and more than half of women will be physically assaulted during their lifetime. A large proportion of women (64 percent) reporting rape, physical assault and/or stalking, were victimized by a current or former partner. Even pregnant women are not immune from physical violence inflicted by partners. Violence directed toward women by their partners during pregnancy affects as many as 324,000 annually. Does risk for violence against women change with age? Violence...
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...shaming the entire society. The recent horrific incident of rape in Delhi is not an isolated one. The National Crime Records Bureau (NCRB) says rape is the biggest crime in India with 24,206 cases registered in 2011 (22,172 in 2010). The dismal conviction rate at a mere 26 per cent between 2008 and 2011 explains the increase in rape cases. According to the NCRB, approximately 10 per cent of rape victims are below 14 years, 15 per cent are between 16 and 18 and 57 per cent are between 18 and 30. The Constitution guarantees to all women equality, prohibition of discrimination by the state, equality of opportunity, and equal pay for equal work. It also provides for making special enactments for women and children. It renounces practices derogatory to women’s dignity and provides for just and humane conditions of work and maternity benefit. But till date, these guarantees remain a distant dream for Indian women. Women-specific laws, namely, the Immoral Traffic (Prevention) Act, the Dowry Prohibition Act, the Indecent Representation of Women (Prohibition) Act, the Commission of Sati (Prevention)Act, and the Protection of Women from Domestic Violence Act have not acted as a deterrent. The Indian Penal Code deals with offences such as rape, kidnapping and abduction, dowry deaths, torture, molestation and sexual harassment. Under the IPC, a man is said to commit rape if the woman is under 16, with or without her consent. Marital rape is only an exception if the wife is under 15. The Indian...
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...The Army Sexual Assault Prevention and Response Program Practical Exercise .Read each scenario and determining the following: a. Does the scenario describe a sexual assault? b. If so, what type? c. If rape, what type? d. Who is the victim? e. Who is the alleged perpetrator? Scenario 1: Minnie Lee and Sandra Chip is both sergeant first class attending the Advanced Noncommissioned Officer Course (ANCOC). They have become good friends during their training and have a lot in common. Both of them are divorced and have one child. With only a week left in the course, they decide to go to the theater to see the latest movie. As they watch the movie Minnie asks Sandra, “May I kiss you?” Before Sandra can respond, Minnie grabs Sandra and places her mouth over her lips. Sandra struggles to get away, not believing what is happening to her. After pulling away, she walks out of the theater in a state of shock and surprise. Scenario 2: First Sergeant Lee asks SSG Long to befriend and mentor his teenage son Mike. SSG Long is a highly motivated and dedicated 24-year-old Soldier. Mike is 15 years old. SSG Long and Mike have spent many hours together, and Mike has become very fond of SSG Long and enjoys spending time with him. One day SSG Long suggests that he and Mike go on a camping trip. While there, SSG Long makes sexual advances towards Mike. SSG Long and Mike then engage in consensual sex. Scenario 3: Sergeant Major Wayne and his wife have been married for 4 years and have...
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...The sensible comment by the Minister for Women and Child Development [a very rare occasion] about legislating on 'marital rape' has, expectedly, raised a storm of protest, especially in the print media. A national daily recently carried a comment by its regular columnist who claims that "marriage itself is often devoid of consent in any real sense." "Why should marriage" he asks "give licence to a man to force himself on a woman against her will?" The problem with such journalists is that they intervene in a public discussion without understanding the question. The opinion piece is titled: "A Question of Consent." This column displays ignorance about the cultural as well as the contractual aspects of marriage as a social institution. The questions asked reveal an immature understanding of marriage as it has existed in India for millennia. He asserts (falsely) that "The marriage itself is imagined as a form of blanket consent. For a woman, the exercise of consent before marriage is denied, (sic) for any consensual sexual contact on her part is considered taboo, and after marriage it is seen to be unnecessary for the act of getting married is seen to be a form of consent to all that is to follow. The reason why sexual violence is so embedded is because individual consent on an everyday basis has never been part of the deal in the first place."(sic). The sheer inanity of this argument is so obvious that it is surprising that it is advanced in the first place. When...
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...Problems With The Law on Rape in Nigeria By Aloy Ojilere,* Introduction The law relating to rape in Nigeria is rarely discussed even though rape occurs very often and is considered as the most dehumanizing act that can be done on a woman or girl.1 The opinion has also been held that "Nigerian female victims of rape are rater punished by the laws that be and stigmatized by society instead of being rendered justice to and protected.2 This paper will examine the laws relating to rape and/or governing rape trials in Nigeria, to wit: the Penal Code and Criminal Code and the Evidence Act, to underscore the meaning, elements, defences and application of the offence of rape in Nigeria and determine their sufficiency and/or insufficiency with regards to victim protection. Accordingly, the paper will access and overhaul the statutory definition of rape, the common law presumption as to the age of a person who may commit the offence, the requirement for corroboration of evidence of a rape victim/survivor and the issue of consent as a defence to rape. The gender insensitive nature of the law on rape in Nigeria which constitutes a discrimination against men (by defining rape as an offence which can only be committed by a male) will also be highlighted. Suggestions will also be made for legislative review or upgrade of the law on rape in Nigeria in line with what obtains in some other jurisdictions. 1.0 Meaning of Rape Rape is a specific sexual...
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