Marital Rape Is A Serious Form Of Intimate Violence

Twenty-eight states fall under the category of “true non-consent states”, where the prosecution is not required to show that the offender used “force or threats of force against the victim”, and the defendant can be convicted of a sex offense by showing that the victim did not consent (Decker, 2011). While the majority fall under the first category, nine states can be identified as “contradictory non-consent states”, where the prosecution must prove either “the use of forcible compulsion or a victim’s incapacity to consent”; according to Decker, “requiring force or a lack of capacity to consent” completely counteracts the point of having a non-consent provision (Decker, 2011). The third category, “force states”, includes states that do not have non-consent sex offenses. Although the initial impression is that the majority of states have adopted non-consent standards, it is misleading because the number of states that are true to that definition shrinks as the statutes are examined more concisely (Decker, 2011). With that being said, in addition to defining consent and force, the concept of “rape” has also been clarified and developed.

Marital rape: When rape occurs within a marriage. This is not yet recognised in Indian law.

Approximately 1.3 million women are physically assaulted by an intimate partner annually in the United States. In a 1995–1996 study conducted through the fifty states including the District of Columbia, it was found that nearly 25% of women were raped and/or physically assaulted by a current or former spouse, cohabiting partner, or dating/acquaintance at some time in their lifetime (American Bar Association, 2010). According to the U.S. Department of Justice, between 1998 and 2002, of the almost 3.5 million crimes committed against family members, almost half of these were crimes against spouses. Eighty-four of those spouse abuse victims were females. In 2001, intimate partner violence made up 20% of all nonfatal

This summarizes report of the National Intimate Partner and Sexual Violence 2010 survey, will provide statistical information on victims who experienced one or more violent crimes from their husband, wife, boyfriend or girlfriend. These crimes arrange from stalking, rape, to physical and mental abuse. It will examine the impact of intimate partner violence on gender, race, and ethnicity. This report will give an overview of health consequences and the implications for prevention for Intimate Partner and Sexual Violence. Lastly, this summary report will provide a definition of what is the National Intimate Partner and Sexual Violence Survey and how it is developed.

There is a misperception that one cannot be charged for a sexual crime against their spouse. That is not true. In almost every state, the sexual assault laws have been extended to cover spousal sexual abuse. It can no longer be accepted at face-value that the sex act between married couples did not involve sexual abuse. If the spouse refused to participate in the sex act and was forced to have sex under a threat, or fear of bodily harm, this will be considered sexual abuse and if reported, the perpetrator can be charged.

Like many woman, her attacker was the man she shared the best years of her life with, her husband. At this moment she continues to suffer psychologically from the experience she fell victim to. With this in mind, we will examine what constitutes intimate partner abuse, the risk and protective factors, and indicators of intimate partner abuse. As well as the victim’s frame of mind and experience regarding the areas to be discussed.

“A sexual invasion of the body by force, an incursion into the private, personal inner space without consent. . . . constitutes a deliberate violation of emotional, physical and rational integrity and is a hostile, degrading act of violence that deserves the name of rape” (Brownmiller, S p377)

When it comes to marital rape, many do not realize how serious of a crime it is or how life-shattering it can be from the victims. Marital rape is described as a spouse forcing their partner in sexual acts without their consent. According Langhinrichsen-Rohling and Monson (1998), between 10% and 14% of all married women have been raped by their husbands in the United States (p. 434). It was not until the late 1970’s that for the first time a spouse was convicted for raping his partner in the United States. By 1993, it was illegal in every state to rape your spouse. It is amazing how it took nearly fifteen years to recognize marital rape as a crime, but for some reason today it is not prosecuted the same as stranger rape.

In today’s society, victims of domestic violence and sexual assault often experience some form of victim blaming. Victim blaming occurs when society partially condemns the victim for what has happened to them. This tendency to assign criminal responsibility to the victim occurs in all segments of our society regardless of race, gender, social class, or occupation (Hamilton, 1979). Currently, rape is a big issue throughout society. The word rape is defined as sex without consent. Rape is about power and dominance, not sex. The cultural message in America is “don’t get raped” as opposed to “don’t rape.” Many public figures have been known to blame victims of sexual assault for their situation. In 2012, during an interview with CNN’s Piers Morgan,

Up until the 1970s, domestic sexual violence (including rape) was seen as a private issue that happened behind closed doors when Erin Pizzey campaigned vehemently for acknowledgement of this issue (Pizzey, 2011). Despite her recognition of gender symmetry in this area, her research focused solely on male-female abuse. Earlier social

Globally, the life-time prevalence of experiencing assault perpetrated by a romantic spouse (IPV) among women aged at least 15 years is projected to depend on 30.0% (95% assurance period (CI) 27.8;32.2). However,

Marital rape, or spousal rape, had been an exceedingly controversial and touchy subject in the United States since the first feminist movement in the 1960s. In this paper, marital rape and spousal rape will be used interchangeably. One of the many challenges in addressing the topic of marital rape, is defining what behaviors should be considered rape. Rape is defined as the unlawful compelling of a person through physical force or duress to have sexual intercourse (Dictionary.com). The legal definition of marital rape, however, differs within the United States. Nevertheless, marital rape can generally be defined as any non-consensual interaction or penetration (vaginal, anal, and/or oral) obtained by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another (Cal Pen Code § 262). Most research having to do with marital rape has included couples who are legally married, separated, divorced or cohabiting with the understanding that the dynamics of sexual violence in a long-term cohabiting relationship are similar to those of a married couple (Mahoney and Williams, 1998). Currently, there has been no study of marital rape that has included married or cohabiting gay or lesbian couples. The reason there is a lack of representation of gay and lesbian couples on

Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person’s consent. The act maybe carried out by force, under threat, or with a person who is incapable with valid consent. The definition of rape varies both in different parts of the world and at different times in history. According to the American Medical Association, sexual violence, and rape in particular, is considered the most under-reported violent crime. When part of a widespread and systematic practice, rape and sexual slavery are recognized as crimes against humanity and war crimes.

The nation marital rape consent is contrary to the consent that is interpreted and applied areas of law. The law does not allow a person to consent to serious bodily injury inflicted by another. The law only gives implied consent to injuries arising out of situation involving a potential harm, if for instance a particular situation was voluntarily entered the laws does not imply consent to the malicious infliction of serious injury. A woman for example gives consent when she agrees to the act of rape comes in when it is violent desecration of the victims person and impute consent on the part of the victim exceeds the bounds of law of consent.

In the context of violence against women, most of the perpetrators are the husband of the victim. Almost one-fifth (18%) of married women have experience physical and sexual violence by their