Spousal rape

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Spousal rape or marital rape is non-consensual sexual activity in which the perpetrator is the victim's spouse.

1 Legal Aspect
2 Statistics
3 References
4 External links

Legal Aspect

Historically, many cultures have had a concept of a married man's conjugal right [1] to sexual intercourse with his wife. Many United States rape statutes used to preclude prosecution of a man for sexually assaulting his own wife, including if the couple are estranged or even legally separated. In 1975, South Dakota removed this exception. By 1993, this was the case throughout the United States[2]. However, 33 of 50 U.S. states regard spousal rape as a lesser crime [Bergen, 1999]. The perpetrator may be charged with related crimes such as assault, battery or spousal abuse.

There are other criminal charges that may be inapplicable if the parties are married to each other. For example, in the U.S., marriage precludes a charge of statutory rape even if one of the spouses is under the age of consent in the jurisdiction where the sexual act takes place.

As the legal status of women has changed, the concept of a married man's marital right to sexual intercourse has become less widely held. In December 1993, the United Nations High Commissioner for Human Rights published the Declaration on the Elimination of Violence against Women [3]. This establishes marital rape as a human rights violation. This is not fully recognized by all UN member states.

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Statistics

Diana Russell, a researcher into rape, reports that 8% of 900 randomly selected women in the U.S. reported they had been raped by a husband. A survey by the National Victim Center in Arlington, Virginia, states that 10% of all sexual assault cases reported by women involved a husband or ex-husband. [4]

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References

Gan, K., Sex a conjugal right, on the site of Malaysiakini. Article dated September 2004. (Retrieved April 20, 2005. Original link is dead, substitute link is to the Web Archive, and is dated October 12, 2004.)
The American Bar Association, Facts about Women and the Law. (Retrieved April 20, 2005.)
Bergen, Raquel Kennedy, "Marital Rape" on the site of the Applied Research Forum, National Electronic Network on Violence Against Women. Article dated March 1999. (Retrieved February 8, 2005.)
General Assembly resolution 48/104 of 20, Declaration on the Elimination of Violence against Women, on the site of the Office of the United Nations High Commissioner for Human Rights, December 1993. (Retrieved April 20, 2005.)
—, Marital Rape, on the site of Abuse Counseling and Treatment, Inc. (Retrieved February 8, 2005.)