Marital Rape Research Articles

Judicial Interpretation of “Consent” in Rape Cases in Indian Courts and Application in Marital Rape Cases

Judicial Interpretation of “Consent” in Rape Cases in Indian Courts and Application in Marital Rape Cases

Legal Mobilization to Protect Women against Rape in Islamist Sudan

The article explores the variety of normative and legal resources that Sudanese women inside and outside of Sudan’s Islamist regime, as well as their conservative religious opponents, have mobilized to campaign for legal reform to protect women against rape. Women’s rights activists and Islamist women within government institutions have largely mobilized in parallel, without much interaction and collaboration, to address the problems associated with the law’s definition of rape as adultery and fornication without consent. In 2015, Sudan’s National Assembly enacted an amendment to the 1991 Criminal Code with a new definition of rape, de-linking it from adultery and fornication; a process which completely excluded consultation with civil society. The reform has been poorly enforced and has come under harsh critique especially for not explicitly criminalizing marital rape.

Feminist Consciousness to Prevent Marital Rape Victimization of Women during the Covid-19 Pandemic

Marital rape is one of the sexual violence against women (wives). The study's focus was to analyze the relationship between rape in marriage and women's awareness during the Covid-19 pandemic. The research method uses library research that is representative and relevant to the research object. Regarding the feminist consciousness, many women do not realize that women end up helpless and fight when they are not good, including experiencing marital rape. The problem is the case not recorded, and the victim does not receive protection and their rights. The feminist consciousness of women can open women's eyes that there is sexual violence against women through marital rape. Furthermore, women can be aware of these cases, especially so as not to experience the same thing, especially during the Covid-19 pandemic. Then, women are empowered and protected from marital rape.

Marriage or License to Rape? A Socio-Legal Analysis of Marital Rape in India

Rape exposes the failure of society’s institutions which were established to provide better security to an individual in a society. These institutions sometimes not only failed to protect an individual from such grave assaults on their autonomy and privacy, but also sanctioned them by either providing them legitimacy by law or not illegitimating them. States often have either provided legal sanctity to rapes within marriage or have refrained from declaring it a crime, on account of it being a private sphere not open to interference. Rape within marriage or marital rape is a global problem, and it is argued that not only it is more prevalent than rapes committed outside the purview of marriage by strangers or ex-partners, but also that it has equivalent catastrophic effects on the victims. Although several counties have criminalized marital rapes or withdrew exemptions granted to rape within marriage, the situation has hardly changed in India, which has yet to criminalize marital rape. This note henceforth will attempt to analyze the historical background of how marital rape obtained legal sanctity, its prevalence globally and in the Indian society, its effects on the victims, and the shortcomings in the legal system of India.

Prospective predictors of receiving disclosures of intimate partner violence and sexual assault among college students.

Previous research has indicated that many undergraduates receive disclosures of sexual assault and intimate partner violence (IPV) from their peers; however, much of this research has been cross-sectional. The present study assessed the extent to which demographic characteristics and victimization history predicted whether participants received disclosures over the subsequent 6 months. Directional hypotheses assessed whether psychological symptoms and attitudes predicted, or were consequences of, disclosures at follow-up. College students (n = 867) from a broader treatment intervention study completed pretest (Time 1) and 6-month follow-up surveys (Time 2). Individuals who reported new disclosures at follow-up (56%) were more likely to be women, have previous experience receiving either sexual assault or IPV disclosures, and have experienced sexual assault or IPV victimization in their lifetime and across the follow-up period. Sexual orientation did not predict receipt of disclosures at follow-up; intervention group did not moderate these relationships. Results of longitudinal structural equation models found that although higher Time 1 posttraumatic stress disorder symptoms and depressive symptoms predicted disclosure status at follow-up, Time 1 disclosure status did not predict subsequent increases in posttraumatic stress disorder and depressive symptoms. Attitudinal variables were not significantly associated with disclosures reported at Time 1 or follow-up. Findings suggest the importance of attending to personal experiences of victimization within interventions aiming to improve responses to disclosure. Although individuals with higher distress are more likely to receive subsequent disclosures, disclosure does not appear to lead to increases in long-term psychological distress.

Marital Rape in a Comparative Perspective of Indonesian Criminal Law and Islamic Criminal Law

The aim of this research is to know how the regulation of marital rape in Indonesian Criminal Law and Islamic Law. Marital rape or also known as rape in marriage still belong to such a debatable and taboo topic, but in fact it has happened a lot in society. In Indonesian Criminal Law, marital rape is not regulated in the Criminal Code. The Law on the Elimination of Domestic Violence regulates this as a complaint offense by calling the crime of sexual violence. In Islamic Law, marital rape is regulated in a good way by terms of husband and wife intercourse, among others in Surah An-Nisa Verse 19 which prohibits having to do with coercion. Refers to these results of the comparison, similarities are found in both Indonesian Criminal Law and Islamic Criminal Law that said marital rape is prohibited. The differentials in the form of complaint offense between these laws. Islamic Criminal Law does not explain clearly about the complaints offense as known on Indonesian Criminal Law. Yet this law comprehensibly prohibiting the marital rape itself. For the further regulations of criminal law policies, it should take the principles of discrimination into account and the good boundaries regarding marital rapes, criminal liability, criminal threats and formal criminal arrangements either.

“Where is the Safe Haven?” Transgender Women’s Experiences of Victimization and Help-Seeking across the Life Course

Transgender women report high rates of interpersonal victimization, including child abuse and maltreatment, intimate partner violence and sexual assault, and community and bias-related violence. Transgender individuals experience distinct barriers to help-seeking, including fear of discrimination, harassment, or violence by police, being outed as transgender by partners, and discrimination by social services for survivors of violence. The present study explores experiences of cumulative victimization across the life course and barriers to help-seeking behaviors among a sample of 21 transgender women in Chicago. Study findings can be used to inform interventions that are inclusive of transgender women survivors.

Marital Rape in Denmark and Pakistan

This article investigates how rape laws and rape cases are culturally influenced, with a focus on marital rape. The first part of the article looks at cultural influences on rape laws and compares the historical development of these laws in Danish legislation, Pakistani legislation and more broadly in Muslim law. Danish comparative law often compares with legislation in neighboring countries, but comparing to a more different legal system is valuable too. We find that in both Denmark and Pakistan, socio-economic changes challenge existing definitions of rape and marital rape, leading to demands for legal reform, while the legal system tries to maintain as much continuity in the legal definitions as possible. In both jurisdictions, societal views on women and sex also influence how judges and jurors interpret the law, sometimes leading them to contradict the written law. The second part of the article analyzes two court cases involving marital rape in Danish-Pakistani couples. Cultural considerations influenced every part of these court cases, from the questioning of witnesses to the judges’ legal reasoning. Thus, having an understanding of the parties’ culture is important for judges and lawyers. The cases show that culture varies markedly between people from the same national background. Because culture is not uniform, parties are likely to disagree on which cultural rules they followed in their marriage. Judges must be aware that parties may rely on stereotypical cultural views to portray the other party negatively. The article concludes with recommendations, including the need to educate the population as legal concepts of rape change, as well as for judges to be aware of not only the legal culture and the culture of the parties, but also of how their own culture might influence their decisions. The article also reflects on recent legislative changes in Denmark and Pakistan and points out that the debate in Denmark has not considered how consent and threats can have different implications in minority cultures.

Validation française de l’échelle de l’adhésion aux mythes modernes sur l’agression sexuelle (AMMSA) et attachement au partenaire auprès d’étudiants et d’auteurs de violence conjugale

Validation française de l’échelle de l’adhésion aux mythes modernes sur l’agression sexuelle (AMMSA) et attachement au partenaire auprès d’étudiants et d’auteurs de violence conjugale

DOMESTIC VIOLENCE AGAINST WOMEN IN NIGERIA: A PHILOSOPHICAL STUDY

Family, apart from providing security and emotional support should provide the most secure environment for an individual to grow. However, domestic violence is largely evident in the Nigeria families and societies. Although, women are worshipped as deities at home in some cultures in Nigeria, they are also treated as second class members of the family. This is largely due to the patriarchal nature of the Nigerian society. The essence of this work is to investigate domestic violence against woman in Nigeria. This work discovers that the lack of physical power leads to general timidity in women. This work discovers that domestic violence is perpetrated by family members against women in the family, ranging from single assault to aggravated physical battery, threats, intimation, coercion, stalking, humiliating verbal use, forcible or unlawful entry, sexual violence, marital rape, dowry and even female genital mutilation. This work is of the opinion that domestic violence bluntly trips women of their most basic human rights, the right to safety in their homes and community and should be discourage.Family, apart from providing security and emotional support should provide the most secure environment for an individual to grow. However, domestic violence is largely evident in the Nigeria families and societies. Although, women are worshipped as deities at home in some cultures in Nigeria, they are also treated as second class members of the family. This is largely due to the patriarchal nature of the Nigerian society. The essence of this work is to investigate domestic violence against woman in Nigeria. This work discovers that the lack of physical power leads to general timidity in women. This work discovers that domestic violence is perpetrated by family members against women in the family, ranging from single assault to aggravated physical battery, threats, intimation, coercion, stalking, humiliating verbal use, forcible or unlawful entry, sexual violence, marital rape, dowry and even female genital mutilation. This work is of the opinion that domestic violence bluntly trips women of their most basic human rights, the right to safety in their homes and community and should be discourage. Keywords:Domestic violence, Women, Patriarchy, Nigeria.

Semiotics of rape in Pakistan: What’s missing in the digital illustrations?

What remains invisible in the discourse, contributes to perpetuating multilayered inequalities through discourse. Stereotypical representations, under-representations, hyper-representations, or misrepresentations regulate rape myths, and consequently, particular ways of seeing and behaving of those inside or outside the cultural boundaries. It has, therefore, been studied if and how rape victims and perpetrators have been visually represented and framed in the digital illustrations on rape in Pakistan. Discrepancies concerning identity construction of the rape victims and rapists as well as the depiction of multifarious socio-semiotic dimensions of rape have been analyzed. Thirty-five digital illustrations appearing in 32 blogs and news articles published on rape cases in Pakistan have been purposively selected and studied based on ideational metafunction suggested by Kress and van Leeuwen. Results reveal under-representation of rapists and perpetrators, law enforcement, survivors, and existing myths regarding revenge rape, child abuse, gang rape, marital rape, and gender-based victimhood. The study has implications for semiotics, rape studies, gender studies, and digital discourse.

Sterner Response toward Rape in line with Islamic Law: Special Reference to Pakistan

This paper tends to examine the nature of rape crime under Islamic law in order to take sterner action against this crime in line with Islamic law. As the Holy Quran does not directly deal with rape crime, for this reason, there is a wide range of disagreement among jurists regarding the issue of rape crime. Rape is not a single dimension issue, therefore, this paper is meant to shed light on issues related to rape such as whether or not rape is a separate crime? When does sexual intercourse amount to rape? What does Islam prescribe punishment for a person who is coerced to commit rape? Does Islam permit abortion for raped women? Why marital rape does not exist in Islam? Whether rapists may be awarded the punishment of lashes, Imprisonment or death as t‘azir or syasah? This paper finds out what Zina (fornication) is under Islamic law because in Islamic jurisprudence only coerced Zina is regarded as rape. Thus, this paper is classifying rape in the same category as Zina. By classifying rape as a subset of Zina can only sort out the juridical issues that are emanating from coerced Zina. However, Some modern scholars put rape in a category of Hirabbah crime in order to circumvent the strict evidentiary procedure of Zina(fornication) crime. This paper depicts that there is no need to put rape in the domain of Hirabah because Islamic law permits the ruler or legislation to award punishment of lashes or death as Tazir or Syasah without waiting for the four pious Muslim male eye witness and inflicting Hadd of Qadaf(slander) to the complainant. Finally, this paper is exploring the options that may be taken in order to nip this crime in the bud.

Social Studies Curriculum: An Educational Response Tool to the Different Problems Faced in Family Life Today in Africa

Family is a gift of God. The holy family of Nazareth (Jesus, Mary and Joseph) exemplifies a model family. A family is the basic social unit of the society based on marriage. It comprises the child (children), their mother and their father. In some extreme cases when children do not arrive, it does not make it less a family. The scripture exposes us to the different realities of family life. It tells stories about births, love and family crises. This is drawn from the first book of the Bible which recorded the stories of Adam and Eve’s family with all its burden of violence and enduring strength. There are myriads of problems faced in family life today in Africa. Some of these problems include domestic violence, marital rape, incest, infidelity, hatred, marital slavery, patriarchy, child labour, male child vis a vis female child syndrome, information and communications technologies, just to mention a few. Despite faith response to these problems; a response based on the sacred scripture and the teachings of the church, there is need for its educational response; the Social Studies Curriculum, in order to bring plausible solutions to these problems. This qualitative study, based on content analysis is anchored on the functionalist theory and supported by the conflict theory. Keywords: Marriage , family life, challenges, faith response, educational response, social studies curriculum, Kenya, Nigeria, Africa DOI: 10.7176/JEP/12-8-08 Publication date: March 31 st 2021

Compassion Fatigue Among the Intimate Partner Violence and Sexual Assault Workforce: Enhancing Organizational Practice.

Gaps in knowledge related to occupational stress among the intimate partner violence (IPV) and sexual assault (SA) workforce remain. This study examined associations between key risk factors for occupational stress and compassion fatigue among a sample of IPV/SA service providers in the Southwestern United States (N = 520). Results of the hierarchical regression analysis identified microaggressions, age, recent life stress, direct practice, and workload as factors associated with compassion fatigue. The findings point to the importance of incorporating trauma-informed organizational approaches to address microaggressions, reduce workload, and support staff experiencing recent stress and providing direct services.

Gender, welfare state regimes and social policy beyond advanced capitalism: Pathways to decommodification in middle‐income countries

AbstractIn Three Worlds of Welfare Capitalism, Gøsta Esping‐Andersen, using decommodification as a basis, classified advanced capitalist countries into liberal, conservative‐corporatist, and social‐democratic welfare regimes. Subsequently, Ann Shola Orloff deemed his approach gender blind, and dimensions such as access to paid work and the capacity to form and maintain an autonomous household were added to the existing variables of state–market relations, stratification and social citizenship rights. Based on Orloff's theoretical propositions, this paper develops the decommodification measures to classify middle‐income countries (MICs). The paper classifies MICs into five clusters based on hierarchical cluster analysis using variables such as GDP per capita, female labour force participation, availability, duration and wage replacement levels and providers of maternity leave benefits and availability of childcare services, legislation on sexual harassment, marital rape and domestic violence, protection orders, the availability of legal aid for civil and criminal matters and the proportion of seats held by women in parliaments.

Bidirectional associations between alcohol use and intimate partner violence and sexual assault victimization among college women

Whereas some prior studies have explored whether alcohol increases the risk for victimization and/or whether distress resulting from victimization increases the risk for alcohol use, few studies have simultaneously tested these bidirectional hypotheses among a high-risk sample (i.e., undergraduate women), while including both sexual assault (SA) and intimate partner violence (IPV) victimization, and exploring potential moderating effects of PTSD symptoms on these paths. Among 631 college women, the present study tested these bidirectional associations using cross-lagged panel models across two measurement periods (i.e., Time 1 [T1] and Time 2 [T2], six months later). Results suggested that T1 alcohol use increased risk for T2 SA (but not T2 IPV victimization), and PTSD symptoms moderated this association; at lower levels of PTSD symptoms, there were no significant associations between alcohol use and subsequent SA victimization, whereas at higher levels of PTSD symptoms, alcohol use predicted subsequent SA victimization. By contrast, the opposite directional hypothesis was not supported; neither T1 lifetime SA nor IPV were associated with T2 drinking, regardless of the level of their PTSD symptoms. Prevention and intervention efforts should simultaneously address risk factors for alcohol use and victimization using trauma-informed practices.

A century of sexual abuse victimisation: A birth cohort analysis.

This study examined changes in the reported prevalence of adult and child sexual abuse over the last century and explored how changes in social and political circumstances may have affected rates. Data from two population-based face-to-face surveys conducted in New Zealand (samples of 2855 women in 2003 and 1464 women in 2019) were used to produce birth cohort prevalence estimates of three forms of sexual abuse including by an intimate partner (lifetime and 12-month), by non-partners, and child sexual abuse. A timeline of major population influences that might be associated with violence occurrence was developed. There were no changes in reported lifetime intimate partner sexual abuse prevalence estimates found over the past century. The most recent birth cohort reported the lowest rates of 12-month prevalence estimates for intimate partner sexual abuse, lifetime rates of non-partner sexual abuse, and also suggest lower reported rates of child sexual abuse. Macro-social events including feminist movements, changes in legislation, and an increase in public awareness might have contributed to women's awareness about the non-acceptability of violent behaviour, and their ability to leave relationships after violence has occurred. This may have contributed to the small recent decreases in reported 12-month rate of sexual IPV and CSA, as women's ability to leave relationships may be protective for their children. The recent decrease in reported non-partner sexual violence may also be attributed to women's greater awareness of, and agency to avoid sexual abuse. The lack of change for the lifetime prevalence of sexual IPV over the past century highlights the need for ongoing prevention efforts. While recent reductions in reported rates of child and adult sexual abuse are encouraging, even reduced rates are high and warrant sustained implementation of prevention policies and programs.

Marital Rape in India: A Critical Study

Marital rape is one of the most evil acts which exist in India. Marital rape is no lesser than the offence of rape rather it is the species of rape. Married women are generally the victims of marital rape. It is one of the biggest threats to gender justice in India. It is one such social evil which has existed in India since ancient times and still continues to raise havoc in the country. Indian society has never considered marital rape as a problem. It is rarely opposed by anyone in the Indian society due to a variety of reasons. The attitude of Indian legislature is no different in this regard. Indian legislature has been given the most onerous task of enacting laws for the safety, security and development of the country by the Indian Constitution. But the legislature is not interested at all in eliminating the evil of marital rape from the country. Indian judiciary gives a ray of hope in this regard but its hands are tied as drafting of laws is the prerogative of legislature and not the judiciary. There are no effective laws in India as far as marital rape is concerned. Whatever laws are there in India they are not good enough to contain something as evil as marital rape. There is need to bring some strong laws to bell the cat of marital rape in India.

Psychosocial implications of marital rape

The paper deals with spousal rape, an act of violence with a high degree of social danger and the elements by which the perception of marital rape is determined by the social and cultural context, by the religious affiliation, by local traditions as well as by society’s mentality. The aim of the approach was to highlight the correlation between spousal rape and patterns of conduct induced by this phenomenon on the family level, resulting in consequences that affect the sexual freedom of the person, and restrict a person’s right to protection of psychic and mental health. The techniques used in the research applied were the counselling and semi-structured interview, applied between September and December 2020, to a number of 13 women who experienced incidents of rape by their partner. Thus, we can consider that this particularly serious phenomenon induces major damage to the personality of the victim, who may suffer from depressive disorder, sex life troubles, sleep deprivation, addictive disorders and eating disorder.

Long-Term Contraceptive Use in Cases of Repeated Marital Rape

Directive 36 of the Ethical and Religious Directives for Catholic Health Care Services gives guidance to health care professionals on the reactive administration of contraceptives to women in instances of isolated rape. This paper examines the moral permissibility of long-term proactive contraceptive use in instances of repeated marital rape by comparing it to the moral permissibility of reactive contraceptive use in cases of isolated rape found in directive 36.