Sex Rape And Its Effects On Society Essay

Sex Rape And Its Effects On Society Essay

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Thanh Nguyen
C0211_3061
Nina Chapman
Sociology 100
Nov 1 2014
Marital Rape
Historically rape has been defined forced sexual intercourse (vaginally, orally or anally) with violence, the threat of violence or without the consent of the partner. This has traditionally excepted married individuals and included only victims who are relatively unknown to each other. Rape in general is found to be more common in patriarchal societies and the sexism that arises from it. Patriarchy is defined as: “a family, group or government controlled by a man or a group of men” (Merriam-Webster). Marital rape is easily overlooked because it is more easily invalidated. This gives it the appearance of being less harsh than acquaintance or stranger rape. Add to this that it is more than likely to be repeated by the same perpetrator, who realizes he can get away with it, as compared to the stranger rapist will more often than not hide or move on. Further, recovery and escape from the situation is made more difficult because the perpetrator is not on the street but in the victim’s home. Even more egregious the family and cultural sphere may socially view such behavior as acceptable.
The marital exception arises historically from England’s Sir Matthew Hale who wrote in 1680, “The husband cannot be guilty of rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract, the wife hath given up herself in this kind unto her husband, which she cannot retract” (Hale). While this may appear to have little to do with the present day US, compared to other countries, it shows at least, where common law has derived both its marital rape exception and the notion that a woman is the property of their husband. Not unt...


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...one to address the issue.







Works Cited
Merriam-Webster Online Dictionary. 2014 by Merriam-Webster, Incorporated. Web. 1 Nov. 2014.
Hale, Matthew (1680) History of Pleas of the Crown. Vol. 1 (Emlyn, edl, 1847).
Yllo, Kersti Phd. Marital Rape", Battered Womens Project. Web. 1996.
Kiffe, Barb Dakota County Sexual Assault Services. With permission from the Minnesota Coalition Against Sexual Assault. Web
Bennice, Jennifer A.and Resick, Patricia A. Marital Rape, History, Research and Practice. Trauma Violence and Abuse. University of Missouri-St. Louis. 2003 Web
Russell, Diana, Rape in Marriage. (New York; Macmillan, 1982). Print
Bergen, Raquel Kennedy Ph.D. Applied Research Forum. National Electronic Network on Violence Against Women. March 1999. Web
Hasday, Jill Elaine Contest and Consent: A Legal History of Marital Rape. California Law Review. October 2000. Web

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