Spousal Rape

960 Words2 Pages

Can a husband rape his wife? I find myself amazed by the number of people who believe that they can’t. It seems, the common mindset is that when a man and woman marry, the woman somehow become the man’s property, for him to do with what he wants, whenever he wants, regardless of her feelings. Well, I disagree completely and feel it is my duty as a past victim of spousal rape, to set the record straight that rape is rape, regardless of marital status just as murder is murder regardless of marital or relationship status. I will define the legal definition of spousal/marital rape, briefly discuss the history, point out the differences in requirements and punishments for rape vs. spousal rape, and finally describe the effects spousal rape has on its victims.

While the legal definition varies by state, spousal rape can be defined as any unwanted intercourse or penetration obtained by force, threat of force, or when the wife is unable to consent (crisisconnection.org). Shockingly, though, many states don’t recognize the last part of that definition in their laws. Some states only consider it spousal rape if force, threat of force, use of a deadly weapon, or bodily injury occurred during the offense. If this criterion isn’t met, the act is not considered a crime; it is considered the husbands contractual right per the marriage agreement.

Until the late 1970’s, most states didn’t consider spousal rape a crime at all. Typically, spouses were exempted from the sexual assault laws (ncvc.org). The traditional definition of rape most commonly used in the United States up until this point was, ‘sexual intercourse with a female who is not his wife without her consent’ (Barshis, 1983, p. 383). Sadly, this thinking remained mostly ...

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...ious attention along with equal and severe punishment to help stop the cycle of abuse that has been allowed to go on for so long.

Works Cited

Barshis, V. (1983). The Question of Marital Rape. Women’s Studies International Forum, 383-393. Print.

Bergen, R.K. (1996). Wife Rape: Understanding the response of survivors and service providers. Thousand Oaks, CA. Sage. Print.

http://www.crisisconnectioninc.org/pdf/US_History_of_Marital_Rape.pdf

Crisis Connection. U.S. History of Marital Rape. n.d. Web. February 10, 2012.

http://www.ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentID=32701

The National Center for Victims of Crime. Victim Policy Pipeline (winter 1999/2000 Issue). Web. February 10, 2012.

Whatley, M. (1993). For Better or Worse: The Case of Marital Rape. Violence and Victims, 8, 29-39 Print.

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