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    Assignment 2 Marital Rape

    Uploaded by

    Yathushiya Yogarajah

    Copyright:

    © All Rights Reserved
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    Assignment 2 Marital Rape

    Uploaded by

    Yathushiya Yogarajah
    11 views3 pages

    Original Title

    Assignment 2 marital rape (1)

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    © © All Rights Reserved

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    Download as docx, pdf, or txt
    11 views3 pages

    Assignment 2 Marital Rape

    Uploaded by

    Yathushiya Yogarajah

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    INTRODUCTION

    It is high time to talk about sexual slavery which means marital rape. Its just a possibility to
    deliver our huge commence about this topic. In criminal law studies there are so many disputes
    take place every single minute but some certain disputes only occurs and from historically grown
    up also still now surviving. Of course rape and marital rape also this kind of dispute.

    All sexual violence basically pointed out women. When men started to consider that women are
    property of them sexual slavery also has been started. Section 363 and section 364(2) of the
    penal code speaks about sexual violence. During the separation of the married couple if the
    husband forced to have a intercourse with him without her consent only its going to be charged
    otherwise there is no clear statutory provisions for marital rape in Srilanka.

    Everyone has a right to say “NO” to sex on any occasion, any time regardless of whether they
    have given consent to sex with the person in the past.

    ‘sex without consent is consider as rape whether it take place between married
    couple or any other form of relationship, between the wedlock couple spouse bodily
    or sexually forced to have intercourse or take over the all rights upon other spouse
    consider as spousal rape”

    MARITAL RAPE

    Marital rape is form of partner rape of domestic violence and sexual abuse. The common myth is
    marriage is an institution where a husband had control over his wife and her self. Also
    controlling his wife is possess right of husband through marriage. So they believe that women
    must be submissive to her husband.

    Several countries in Eastern Europe and Scandinavia made spousal rape illegal before 1970, but
    other countries in Western Europe and the English speaking western world outlawed it much
    later. Mostly in the 1980s, 1990s and 2000s. In many countries it is not clear if marital rape may
    or may not be prosecuted under ordinary rape laws.1
    A 2003 report by human rights watch stated that: "With few exceptions across Africa, marital
    rape is not recognized as a crime, and domestic violence is seen as a right of married men." 2

    1
    http://en.wikipedia.org/wiki/Marital_rape
    2
    http://en.wikipedia.org/wiki/Marital_rape
    In Iraq husband have a legal right to ‘punish’ their wives, in Arab emirate’s Supreme Court ruled
    that a man has the right to physically discipline his wife and children3.

    20th and 21st century criminalization

      Marital rape is criminalized


      Marital rape is criminalized only if the couple is legally
    separated
      Marital rape is a form of non-criminal domestic violence
      Marital rape is known not to be criminalized4

    In 19th century when feminist started to arose their voice against sexual slavery only most of the
    countries aware that marital rape is illegal even though after got to know that marital rape is
    illegal people continuing to be tolerated because fear of the society. Most Asian countries still
    marital rape is not illegal even it’s against to women liberty, self determination, physical
    integrity and self immunity.

    If women provoked to have intercourse with her husband she may blame by the society as refuse
    to perform her duty. Once she wedded must be submissive to her husband especially in sexually.
    if not husband has a right to intercourse with his wife when he wanted because wife is his own
    property. He possesses her.
    3
    http://en.wikipedia.org/wiki/Marital_rape
    4
    http://en.wikipedia.org/wiki/Marital_rape
    Basic myth about marriage and sexual relationship and lack of knowledge about marital rape
    direct the society so far by way of patriarchy.

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