The Marital Rape Exemption And The Fourteenth Amendment Essay

The Marital Rape Exemption And The Fourteenth Amendment Essay

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"To Have and to Hold: The Marital Rape Exemption and the Fourteenth Amendment."

Harvard Law Review 99.6 (1986): 1255. Web.

The Author of, To Have and To Hold: Marital Rape Exemption and the Fourteenth Amendment, first explains the history of why in the earlier days marital rape was not considered rape. There were certain traditions that are concluded in the article, where women, traditionally gave up their “identity” and replaced it with their husbands. Having taken their husbands identity, they became property of their husbands. I understand the reasons why women had no voice in society many years ago because society was not developed to have women part of it, but for my inquiry paper I can use this information as an advantage. I will be discussing that in earlier times it was totally normal for women to be property but years have passed and now American society as well as others have accepted the fact that no women should ever be property. Yes of course there are certain countries that have women under the bed and not allowing them to be part of society but this is why my inquiry paper will be about marital rape and it’s properties are being change and should be change, it will be a huge argument I will discuss in my paper. Another thing that struck me was before people had certain rules when it came to rape and marriage, “Rape of an unmarried women rendered her unmarriageable because her value to future husbands was destroyed; while rape of a married women brought disgrace upon her husband and family”, I understand that in the earlier days women, especially wealthy young women had arranged marriages and in order for them to married the man they had to be virgins. The sad part of that was that if a woman would get raped t...


... middle of paper ...


...usband still forced his wife in having sexual intercourse without her consent. This question will be my foundation when creating my thesis because it will benefit my paper by answering it in an argument. I agree with the author that one by one each country is becoming aware of marital rape and it is being corrected through out the cases, but how long will it take for women to be unheard with the wrong rulings, and how many women have to be rape by their husbands in order for marital rape be considered rape. Overall the article consisted of cases and laws. Also it talked about marital rape in the future of how laws established need to change because equality between men and women are becoming more balanced than before. Marital rape rulings need to change in favor of the victims because there are many of them out there living in hell on their husbands’ sides.







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