Marital Rape - a Sabotage of Institute of Marriage

When Wife Withhold Sex for No Reason,there is No Law to Protect Husband Rights

What is "Marital Rape" actually ?

Definition
Marital rape is any unwanted sexual act by a spouse or ex-spouse, committed without consent and / or against a person's will, obtain by force, or threat of force, intimidation, or when a person is unable to consent.

Know the Facts:

1 A marriage license does not require someone to submit to sexual contact on
 demand.

2 Everyone has the right to say "no" to any kind of sexual contact.

3 Forced sexual contact within a marriage or relationship is no different than if forced by a stranger.

4* Marital rape is a serious crime ??

"In India marital rape exists de facto but not de jure. While in other countries either the legislature has criminalized marital rape or the judiciary has played an active role in recognizing it as an offence, in India however, the judiciary seems to be operating at cross-purposes. In Bodhisattwa Gautam v. Subhra Chakraborty, the Supreme Court said, "rape is a crime against basic human rights and a violation of the victim's" most cherished of fundamental rights, namely, the right to life enshrined in Article 21 of the Constitution. Yet it negates this very pronouncement by not recognizing marital rape. Though there have been some advances in Indian legislation in relation to domestic violence, this has mainly been confined to physical rather than sexual abuse. Women who experience and wish to challenge sexual violence from their husbands are currently denied State protection as the Indian law in Section 375 of the Indian Penal Code, 1860 has a general marital rape exemption."

For everybody to know, the foundation of this exemption can be traced back to statements made by Sir Matthew Hale, C.J., in 17th century England. Hale wrote:

"The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract, the wife hath given herself in kind unto the husband, which she cannot retract."

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Marital Rape can be made legal provided: 1) It is applicable for both husband/wife. 2) When it is reported, the other party can given the choice of reconcile, pursue the case or divorce. 3)In case the other party, chooses divorce, he/she can be given provisonal divorce by the police itself so that he/she is free to seek sex from other service providers as divorce cases can take lot time to settle. Anyway, it going to destroy the institution of marriage. Marriage do provide license for free sex. If you dont agree then divorce can follow. You cannot force people to stay in a unhappy relationship.

Posted on 07/26/2008 at 8:07:21 AM

she has to oppose when she was forced to marry another man, when she was involved with someone one else. what is her husband mistake, he is innocent victim of his wifes silent and his in laws force on their daughter. you do not see, him as a victim of no crime still you portrait women as a victim thats funny.

Posted on 03/15/2008 at 8:03:45 AM

whether its india or america... there is no right to a man to force his wife sexually against her will. parents of the girl forcely ties her knot with the person whom they dont even like without the consent of her.later, she might be having her own dreams... its her life she should live accordingly to that and she has the right to do that.when she honestly tells her husband that she is not interested in him.. he should honour her decision.. instead of raping her.then ofcourse system will change in indi a also.ofcourse women is a victim always coz they dont have enough strength to defend a man.men should respect the thoughts of women first then he can win her heart easily.

Posted on 02/03/2008 at 9:02:52 PM

Your article must be about laws in countries other than the United States or most western countries, which recognize rape as an act of violence, an act to obtain sexual congress without consent and.or through force. Women have been accused of and convicted of rape in these countries as well as men. But the tone on your article indicates you have a personal ax to grind and that maybe getting therapy would be a better way to resolve your feelings than conveying misinformation in an article. No married person, male or female, has a right to force sexual contact with a partner - it is not a right conveyed by civil marriage.

Posted on 01/22/2008 at 4:01:26 PM

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