Whoever compels a woman to submit to sexual intercourse outside wedlock, whether by the use of violence or grave intimidation, or after having rendered her unconscious or incapable of resistance, is punishable with rigorous imprisonment from five years to fifteen years". Four States are considering legislation that would allow marital rape to be prosecuted. Although the approach on the issue of violence against women has varied significantly among European countries, the traditional view that acts of violence against a woman are crimes against honor and morality, and not against the self-determination of the woman, was still prevalent in the s in many countries. In Spain , the Supreme Court ruled in that sex within marriage must be consensual and that sexuality in marriage must be understood in light of the principle of the freedom to make one's own decisions with respect to sexual activity; in doing so it upheld the conviction of a man who had been found guilty of raping his wife by a lower court. De Cleyre defended Harman in a well-known article, "Sexual Slavery. Following this logic, if consent is not part of marriage, then it is not necessary for intercourse. Before a new Criminal Code came into force in ,  the law on rape in Bosnia and Herzegovina also contained a statutory exemption, and read: This legislation also prohibits numerous other forms of violence within marriage and cohabiting relations, and various other forms of abuse of women. In some countries, notably jurisdictions which have inherited the Indian Penal Code such as Singapore , India , Bangladesh , Sri Lanka , Burma and some countries in the Commonwealth Caribbean region, the laws explicitly exempt spouses from prosecution for instance, under the Indian Penal Code, which has also been inherited by other countries in the region, the law on rape states that "Sexual intercourse by a man with his own wife is not rape".
Of these, 32 have made marital rape a specific criminal offence, while the remaining 74 do not exempt marital rape from general rape provisions. The property to be withheld in a female was her virginity; this was the commodity Bergen, However, if another man raped someone's wife, this was essentially stealing property a women's sexuality Bergen, Marital rape is not a prosecutable offence in at least 53 States. History of rape One of the origins of the concept of a marital exemption from rape laws a rule that a husband cannot be charged with the rape of his wife is the idea that by marriage a woman gives irrevocable consent for her husband to have sex with her any time he demands it. Therefore, a man could not be prosecuted for raping his own wife because she was his possession Schelong, Following this logic, if consent is not part of marriage, then it is not necessary for intercourse. This concept of women as property permeates current marital rape ideology and laws throughout the globe. In , the Brussels Court of Appeal recognized marital rape and found that a husband who used serious violence to coerce his wife into having sex against her wishes was guilty of the criminal offense of rape. Thus, marital rape is not a criminal offense under the IPC. Four States are considering legislation that would allow marital rape to be prosecuted. De Cleyre defended Harman in a well-known article, "Sexual Slavery. Rape in English law Sir Matthew Hale's statement in History of the Pleas of the Crown did not cite any legal precedent though it likely relied on earlier standards. Marriage created conjugal rights between spouses, and marriage could not be annulled except by a private Act of Parliament—it therefore follows that a spouse could not revoke conjugal rights from the marriage, and therefore there could be no rape between spouses. The principle was framed as an exemption to the law of rape in an English courtroom in R v Clarence,  but it was not overturned until by the House of Lords in the case of R. One opponent of the law was legal scholar Taweekiet Meenakanit who voiced his opposition to the legal reforms. Ensuring that women have full autonomy over their bodies is the first crucial step towards achieving substantive equality between women and men. Feminist critique in the 19th century[ edit ] From the beginnings of the 19th century feminist movement , activists challenged the presumed right of men to engage in forced or coerced sex with their wives. Rape as a crime was constructed as a property crime against a father or husband not as a crime against the woman's right to self-determination. He wrote "Marriage is for woman the commonest mode of livelihood, and the total amount of undesired sex endured by women is probably greater in marriage than in prostitution. Whoever compels a woman to submit to sexual intercourse outside wedlock, whether by the use of violence or grave intimidation, or after having rendered her unconscious or incapable of resistance, is punishable with rigorous imprisonment from five years to fifteen years". It would appear, however, that to the extent that the marital rape exemption exists, it is confined to circumstances where the spouses are cohabiting and there are no separation proceedings in being, or even, perhaps, in contemplation. The importance of the right to self sexual determination of women is increasingly being recognized as crucial to women's rights. Meenakanit claimed that allowing a husband to file a rape charge against his wife is "abnormal logic" and that wives would refuse to divorce or put their husband in jail since many Thai wives are dependent on their husbands. Traditionally, rape was a criminal offense that could only be committed outside marriage, and courts did not apply the rape statutes to acts of forced sex between spouses. In , the UN Secretary-General's in-depth study on all forms of violence against women stated that page
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The Land of No Men: Inside Kenya's Women-Only Village
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