What do you think of these doubts regarding recognition of marital rape as a crime?
“… recognizing marital rape…
– if a marriage is violent, that must be grounds for divorce, but what are we saying when we insist it be treated as a crime? Is it preferable for a woman to have a husband in prison than be divorced? Does the idea of marital rape as a crime in fact protect the institution of marriage?
Rohini put it this way:
But given that marriage is a sexual relationship, should all cases of marital rape be punished with 7 years or more in jail?
Consider the following scenario: A young woman and man are married off, and the same night she comes crying and complaining that her husband raped her. Should he be jailed for what is, from his point of view, merely consummating their marriage?
Unless we are demanding very clearly that the state ensure that all marriages are consensual (are we? in which case, how?), then we can hardly demand that he should be jailed for years – that is simply inconsistent and unfair too.
So we need to make it much clearer what we mean by ‘recognition of marital rape’ before we can argue for it convincingly.” [Link]