Abstract
It is obvious that marriage in a patriarchal community is the backbone of society on which the whole definition of society lies. The desire to get married and stay married often overrides the risks of gender-based violence a woman faces in the marriage institution. A married woman is instructed to stay married, be obedient to her husband and never say no to his sexual demands regardless of his behaviour. Generally, women are taught to tolerate and accept acts of domestic violence (including marital rape) perpetrated against them. On the other hand, a man’s conjugal rights included his right to have sexual intercourse with his wife when he pleased. The equal treatment of women and men under the law is vital to ensuring the recognition of women as full citizens and ensuring their freedom from violence. Therefore, the criminalisation of marital rape in Tanzania constitutes a significant opportunity to enact laws which effectively proscribe marital rape specifically and violence against women generally.
Highlights
The law governing relations within the family-the law of marriage is an area that has an immense impact on the status and welfare of women
Tanzanian female children are taught from a very early age that the man is the head of the household and are advised by their mothers/aunties to remain in complete subjugation to their husbands
This study proposes the need for the criminalisation of marital rape in Tanzania
Summary
The law governing relations within the family-the law of marriage is an area that has an immense impact on the status and welfare of women. Given the cultural importance of women roles as wives and mothers as well as the economic importance of having an adult male provider, marriage is a highly valued institution. Marriage does not guarantee women protection against marital rape as an act of gender-based violence. Since having children is valued within marriage, there is a very strong incentive for women to submit to unwanted sex (Patteson, 2005). Even without the incentive of children, most women have little choice about marital sex. It is the man who dictates how, when, where and under what circumstances sexual intercourse will take place. It is obvious that the relationship between men women in their marriages ends on creating marital rape. This study proposes the need for the criminalisation of marital rape in Tanzania
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
