Marital rape was not recognized as a crime until the late 20th century due to the belief that a woman’s body belonged to her husband. Women’s rights movements argued that marriage could not diminish individual rights, leading to the criminalization of spousal rape in many regions. Marital rape is still underreported and can occur in any situation where a person is forced into sexual contact without consent. 41% of female rapes and 5% of male rapes in the US are perpetrated by an intimate partner.
Marital rape refers to forced sexual contact between spouses. This controversial crime is still often misunderstood and was not recognized as a criminal act in many regions until the late 20th century. The criminalization of marital rape has required centuries or even millennia of common and existing law to be overhauled, and it plays an important role in the debate about the rights and responsibilities that come with marriage.
Centuries of law state that marital rape cannot exist; Since women have historically been treated as property rather than as individuals entitled to rights in marriage, it made little sense for lawmakers to prevent a man from using his rightful property sexually. Under most common law systems throughout history, once a woman was married, her body belonged to her husband and she had no right of refusal.
This belief came into stark contrast to the women’s rights movements of the 20th century. Having gained voting and property rights among other things, the activists argued that marriage could not materially diminish individual rights, so forced sexual contact was still rape regardless of marital status. The tide has upended the long-standing system of exemptions for marital rape starting on the 20th in Sweden. Most of Europe, Asia, and North and South America followed suit in the last decades of the 20th century. However, the criminalization of spousal rape is far from global, and some experts suggest it remains a highly underreported crime even in regions with laws against it.
There are many different circumstances in which marital rape can occur. Just as with other forms of rape, any situation in which a person is forced into sexual contact, or is too incapacitated to refuse sexual activity, can be considered spousal rape. Any type of sexual behavior, including oral, anal, and vaginal intercourse can be considered rape if coerced without consent.
Some experts suggest that there are myriad reasons why spousal rape goes unreported or prosecuted. Some partners are afraid of their spouse or are unwilling to leave the marriage due to financial instability, having children, or religious doctrine. Others believe that marital rape cannot exist, and it is a married person’s right to use force if sex is refused. Another reason could be a lack of evidence that could occur with a marital sex crime, or that conflicting stories about the incident could make prosecution futile.
Marital rape is considered a serious and widespread crime, despite legislation and attempts to educate the public. According to statistics released in 2009 by the US Department of Justice, 41% of female rapes and 5% of male rapes in the United States were perpetrated by an intimate partner such as a spouse. Considering that some experts suggest that only one in three marital sex crimes are reported, the numbers could in fact be much higher.
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