Marriage Is The Most Neglect Form Of Abuse Against Women

The history of rape is a rather bleak one. For as long as America has been America, the subject of rape has been sketchy at best. For much of the United States history, a person, preferable a white male, could legally own another human. This right didn’t just include African American males and females but also white women in the form of marriage. In fact, it wasn’t until quite recently that a man could legally rape his own wife. According to the Federal Bureau of Investigation website, the former definition of was, “The carnal knowledge of a female forcibly and against her will.” (www.fbi.gov) this definition excluded many criminal offenses including the rape of a man’s wife, male rapes, and oral and object penetration. The new definition

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.

Rape is often a crime between and acquaintance, intimate partner, or family member Dabney, A. (2012). Known as acquaintance/date rape, this form of rape is an area where victims often can’t come to terms with their own victimization and often use somewhat similar neutralization techniques as presented by sykes and mataza. However these naturalization techniques used by rape victims, and in this case a study between spouse rapes, are very cultural based. Basile studies this version of rape between husbands who force themselves sexually upon their wife. Many respondents described various reasons as to why they let their husbands pass sexual advances. Ranging from social, cultural and violent standpoints, many used this as their neutralization method for their victimization. 1.) it’s my duty, often the social view that a woman in a marriage is contracted to have sexual relations with their husband, a view bolstered by religious views and society. 2.) Easier not to argue, most often victims would rather trade sexual advances than a heated verbal altercation. 3.) Not sure of what will happen or do know what will happen, is often a level of coercion that existed (Basile, K. C. 1999). Many victims out of fear or social norms will often rationalize this type of conduct towards them, and thus prolong their victimization

As early as the year 800, rape was a capital offense in Anglo-Saxon England. In 1769, William Blackstone, the leading eighteenth-century authority on common law in both England and the colonies, defined “common law rape” as the “carnal knowledge of a woman forcibly and against her will” (Samaha). The definition boiled down to four elements: Sexual intercourse by force or a threat of severe bodily harm (actus reus). Intentional vaginal intercourse (mens rea). Intercourse between a man and a woman who wasn’t his wife (attendant circumstance). Intercourse without the woman’s consent (attendant circumstance). The common law required proof beyond a reasonable doubt of all four elements.

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

Today marital rape is considered a crime, whereas in history, it was acceptable for the husband to have nonconsensual sex with his wife. Wives were once known to be their husbands’ possession, giving the husband ownership of her body which in turn gives him the right to have sex with them without her permission. The law back in history once said, a man cannot rape his wife, because when they get married, the marriage gives the husband consent to sexual intercourse. It was said rape only happens by an acquaintance or a stranger outside the marriage.

Marital rape, a rape in which the perpetrator is the victim’s spouse, is an underestimated, underreported reality that effects 10-14% of all women in the U.S (Basile, 2011). Although the U.S. government has made strides in sexual violence laws in the past few years, marital rape policies still have a long way to go. The instance of marital rape should be combatted by the U.S. Federal Government with a multifaceted plan. First, the U.S. federal government should offer states incentive to develop laws where no distinction is made between marital rape and non-marital rape in terms of elements of the crime, statute of limitations, and length of the sentence. Second, the Federal Government should ratify the Declaration to Eliminate Violence Against Women. Third, the federal government should completely eliminate all funds for private abstinence only education. Fourth, the federal government should offer additional incentives to states who have rape education programs in their public high schools.

This self-learning experience examines an area not often contemplated in society today. Within the legal contract of marriage, there can be a delusion that rape, sexual assault and sexual abuse, does not take place (Vayeghan, 2016). Many reject the accusation made by a wife of rape by her husband as a crime within a marriage relationship, claims Vayeghan (2016). Consequently, many cultures do not consider sexual assault or sexual abuse within the marriage setting to be a crime. Sexual assault and sexual abuse exist and does occur in marital relationships. Marriages in which sexual abuse and/or assault occurs have been investigated throughout the world and can be considered problematic in some areas. Sexual abuse can be regarded as physical,

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.

There have been many changes to the common rape law when it is pertaining to women. Today law has a great emphasis on diverting the crime of rape but has fail in the way when come to the current rape law. In the past a greater focus was on the physical violence side of rape rather than the current modern rape law to the sufficiency of no consent to unwanted sexual activity.

Influences on current laws originate with feminists who in the 1970’s believed social norms and values allowed men to use sexual violence in ways to scare and repress women. Rape was considered learned and led to a culture that normalized rape as opposed to viewing it as a mental health issue. Feminists worked to dispel the myth that women secretly craved to be sexually overpowered (Janus, 2009). In response, legislation began to differentiate between sexual crimes, recognized victims not fighting did not imply consent, that offenses no longer required a witness, and victims were no longer questioned about prior sexual experiences. The Conservative Movement emphasized personal responsibility and advocated for tougher penalties for sexual

Marital raped victims have not received the support for prosecuting this abuse. Previously in the United States, the act of forcing one’s wife to have intercourse was not defined as “rape”. It was defined as “the forcible penetration of the body of a woman, not the wife of the perpetrator.” (McMahon-Howard, Clay-Warner and Renzulli). By this definition, husbands were exempt from being prosecuted for forcing their wives to have sexual

Taking a look at the United States, the rape law here consisted of five elements that must be met before it was considered rape in a court of law. “The act had to be criminal, involve carnal knowledge, victimize a woman, and be committed using force, and the force has to be against the will of the victim” (Richards & Marcum, 2015, p. 17). The United States’ law had many restrictions that did not consider rape against spouses. This common law definition of rape was used until the mid-1900’s. It was not until 1962 when the Model Penal Code established a broader definition of rape. This definition was an updated

According to "To Have and to Hold: The Marital Rape Exemption and the Fourteenth Amendment" , “Traditionally, rape has been defined as nonconsensual sexual intercourse by a man with a female, not his wife.” (1259). Many married women around the world are shameful victims of marital rape. Some married men strongly believe that having sex without their wife’s consent is legal and harmless. Marital rape should be illegal because this type of behavior is a form of sexual assault, an act of violence, and a violation of women’s rights.

Further, this Act does not address the issue of Marital Rape which is a crime. Unfortunately our constitution has not provided any remedy for the victims of such a crime.