Psychological Trauma And Legal Silencing: Impact Of Non-Criminalization Of Marital Rape On Survivors’ Access To Justice
- IJLLR Journal
- Mar 13
- 1 min read
Dr. Jyoti Yadav, Assistant Professor, Amity Law School, Amity University, Uttar Pradesh, Lucknow
Sneha Singh, LL.B., Amity Law School, Amity University, Uttar Pradesh, Lucknow
ABSTRACT:
The non-criminalization of marital rape imposes profound psychological trauma on survivors, manifesting as PTSD, depression, and profound helplessness, while enforcing a regime of legal silencing that denies them access to justice. In jurisdictions like India, where marital rape remains exempt under laws such as Exception 2 to Section 375 IPC, exacerbating isolation and self-blame. This legal impunity not only re-traumatizes victims through adversarial judicial processes lacking trauma-informed care but also perpetuates genderbased violence by undermining bodily autonomy and reinforcing patriarchal control within marriage.
Survivors endure long-term mental health consequences, including clinical depression (noted in 7 of 8 studies) and suicidality, compounded by barriers like victim-blaming and inadequate support systems that deter reporting. The absence of criminalization creates a vicious cycle: psychological distress hinders help-seeking, while legal invisibility deepens trauma, leaving women trapped in abusive unions without remedy. Reforms—judicial activism, legislative overhaul, and public awareness—are urgently needed to affirm consent as sacrosanct, ensuring survivors' right to justice and healing.
Keywords: marital rape, psychological trauma, legal silencing, access to justice, non-criminalization.
