Sexual Crimes Against The Conundrum Of Marital Rape

2329 WordsAug 5, 201410 Pages
This Term Paper has been submitted by Nitin Nair Roll no: 212139 On Women and Criminal Law Topic: Sexual Crimes against Women- The Conundrum of Marital Rape During the Monsoon Semester 2014-2015 Introduction The word “rape” is derived from the word raptus, which means to seize. It is the act of forced non-consensual sexual intercourse with a woman by coercion, fear or fraud. Rape usually include three separate factors, these factors include forced vaginal penetration, threat of violence or violence by the offender and non-consent by the victim. In Bodhisattwa Gautam v. Subhra Chakraborty , the Supreme Court described the crime of rape as ‘deathless shame and the gravest crime against human dignity’. The act of rape not only stripes her of any dignity whatsoever but also subjects the woman to a perverse physical conquest, ostracizing her from society and leading to long lasting psychological problems. Historically under Roman law, the term was used to imply theft of a woman as they were deemed to be property of their guardian and not as an individual with their own rights. Thus, the rape of a woman was a wrong against the person who had custody over her, the woman being considered as wholly owned subsidy. Understanding the concept of Marital Rape Simply put, marital rape can be defined as “forced sexual activity demanded of a wife by her husband”. There is a common assumption that society takes that rape is usually committed by a stranger and cannot be

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