Breaking The Silence – Marital Rape And Consent In Marriages
- IJLLR Journal
- 3 days ago
- 1 min read
Ms. Aakriti Duggal, BA LLB, Maharaja Agrasen Institute of Management Studies, GGSIPU
ABSTRACT
“Consent is the foundation of any sexual relationship, yet the term marriage has been used as shield to justify forces sexual relations. If rape is a crime outside marriage why should a wedding ring erase a women’s right to say no”.
Marital rape in today’s context is no so discussed and an overlooked topic of sexual violence. Many people wish to talk and express their related concerns about the same but, they get overburdened by the societal pressure the society still has a perception that rape is not an offence when it comes to two married individuals. Legal frameworks in many countries criminalise the concept of rape but due to its exceptions a plethora of victims are denied justice.
This paper tends to explore the century old stigma that once married, the husband can form sexual relationship with the wife without her consent subject to marital rape while also looking at its psychological and social consequences and the impact it has on the victim’s mental health. This paper will also look at the legal reforms needed in the criminal justice system so far as the marital rape is concerned.
Marital rape is recognised as a serious crime and this study tends to break the silence that consent is non-negotiable even within the sacred institution of marriage.
Keywords: Marital rape, rape, justice, consent, marriage.
