Marital Rape: A Detailed Analysis
- IJLLR Journal
- Feb 28
- 2 min read
Amisha Bharti, ILS Law College, Pune
I. Introduction
An evil kind of violence against close partners, marital rape has long been disregarded by the judicial system and the general public. Described as forced sexual activity on a partner, it is against the core values of gender equality, respect for one's own body, and mutual consent in the context of marriage. The goal of this article is to thoroughly examine the historical background, contemporary legal viewpoints, societal impact, difficulties in prosecution, aspects pertaining to human rights, and policy proposals about the problem of marital rape. We may highlight how crucial it is to treat marital rape within a broad legal and societal framework by exploring the subtleties of this complex issue.
II. Historical Views of Laws Prohibiting Marital Rape
A. Common law principles and early legal positions:
Early legal theories and social conventions that upheld women's subordination inside the institution of marriage are the source of the historical treatment of marital rape. The legal foundation established by common law ideas, such as the "doctrine of implied consent" and the "unity of spouses," weakened the acceptance of a spouse's right to physical autonomy. These theories represented the widely held view that a woman's agreement was implied in the marriage contract, ruling out the possibility of rape in a married relationship.
B. Changes in societal knowledge and legislative responses:
The feminist movement and a rising acknowledgment of women's rights brought about a revolutionary change in societal awareness and legal responses to marital rape in the latter half of the 20th century. Worldwide legal systems started updating their statutes to include marital rape as a crime. Famous court cases that challenged the idea of spousal immunity and opened the door for important legal reforms were State v. Jackson in the United States and R. v. R. in the United Kingdom. The significance of recognising sexual autonomy and consent within the framework of marriage was emphasised by these cases.
