Forced intercourse in marriage not rape: Delhi court

How do verdicts and laws like this one influence the way sexual assaults are seen by most Indians?

Forced intercourse in marriage not rape: Delhi court

A Delhi court has acquitted a man accused of raping his wife, stating that forced intercourse with a woman does not amount to rape if she is married to the accused.

“The parties being husband and wife, the sexual intercourse between the two does not come within the ambit of the offence of rape, even if the same was against the will and consent of the victim,”

So do sexual criminals feel safe when they are married to the people they assault? Is that why Five rapists in Patna wanted to marry gangrape survivor?

Is this how legalising marital rape prevents the Institution of Marriage from being destroyed? [link]

Since sexual assaults are not legally permitted to live in partners, then aren’t women safer from sexual assaults (and other things, like threats of divorce, dowry demands, pressure to bear male children etc) in Live in Relationships than in marriages?

But while the rest might be true – sexual assaults in Live in Relationships continue to be defined in Patriarchal terms. Meaning – a sexual assault in a Live-in Relationship continues to be seen, not as an assault on the person but as an attack on the rights of the future husband [link].

Which is why, Making Marital Rape a legal offence is the fastest way to make it clear that Rape means forced sex, not lost Virginity or Honor.

Related Posts:

Refusal to have sex during honeymoon is not cruelty: Bombay high court

Who will benefit from criminalising sexual assaults within marriages?

Would this crime have been reported if he had mercilessly raped her but not sodomised her?

A comment- ‘Reverse the gender, and it is marital rape.’

Rapist groom should have waited a little to satiate his lusty desires without problems which he has got into.

For Victims and Survivors of Marital Rapes.

Where Consensual Sex is Rape, and Forced Sex a legal right.

Forcible sex with wife doesn’t amount to marital rape: Court

 

59 thoughts on “Forced intercourse in marriage not rape: Delhi court

  1. This is the reason why everything needs to be specified and defined. We cant leave things to the judge. Some other judge might have convicted the rapist if he/she feels strongly for this cause. But if everything is clearly defined, then things needn’t be left to chance like that.

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  2. The judicial system needs a overhaul..

    I just read the news article , Its not just that , there is more than meets the eye ..

    Since I am so popular here , I will just say on One part of the news the verdict that it is Legal to have sex after marriage even if EITHER partner says NO.. is WRONG.. Thats why the judicial system needs to change..

    No one has the right to force anyone for anything .. whoever they are ..

    but the problem is how do we prove what is right or wrong.. whose word should be taken as truth , as what happened behind closed doors .. no one knows ..

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  3. Assuming the facts are as stated by the wife and that the husband’s story is false, I don’t like the verdict at all.
    But the problem lies not with the judge but with the legal definition of rape as it stands.
    The judge is merely applying the letter of the law.

    If the legal definition of rape is any sexual relation that is forced on any woman against her consent, irrespective of her marital status then this husband can be held culpable.

    We need a rational definition of rape for legal purposes that is fair to both sexes But that itself will prove to be a major problem.
    Regards
    GV

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  4. My understanding of the law is shaky at best, so pardon me if I’m wrong.

    Didn’t the judge uphold the law? Because the law itself doesn’t recognize marital rape? So the judge was acting within the framework of the law. Then, it’s the law that needs to be changed.

    One might argue that the marriage itself isn’t recognized because one of the parties was not acting in full self awareness, but apparently there’s no evidence to to support that claim.

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    • You’ve understood it correctly. The judge did uphold the law. The problem is with the law itself…it sickens me to my stomach.

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  5. the demand to make marital rape a crime comes from the party which want end of family in india. these feminists have destroyed western society and now they are jealous of indian women’s love & regard towards husband.
    most of the feminist women are unsatisfied divorced or single women. they get pleasure by discussing marital rape.

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      • We don’t know the exact facts of this case. If he did intoxicate her before getting married and if that could be proved, then the marriage would itself be null and void and he would be guilty of rape. I doubt the prosecution was able to prove that point.

        Regarding marital rape, most parties don’t support legislating against it. It’s not because everyone supports rape here. But because it’s difficult to determine what’s going on inside a married couple’s bedroom. Like other DV laws, the moment you add a clause called marital rape, most divorce petitions will start adding it by default (the way they file the case against any and every relative of the husband during divorce).

        Since we recently increased the punishment of rape to a maximum of death sentence, recognizing marital rape will provide too much power in the hands of women indulging in legal terrorism. Not every woman does it but at least a significant section indulges in it which made the court to call it as “legal terrorism”.

        The sensible step would be to treat it as domestic violence and let the current laws handle it.

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    • Well I am a happily married Feminist and I dont hate men….infact Iove them ;)….so ur theory tht all feminists are single woman fall flat
      But I am totally against this law…..marital rape exists and it shld be recognised as a crime.

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      • I mean marital rape shld be recognised as a crime and there shld be law against it….I guess my previous post was misleading

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    • so for the indian family to survive .marital rape has to be permitted. Aha now i see light !!!!
      Sorry to burst your bubble. violence has no place anywhere . indian or not, married or not, conservative or not..

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    • Yes they’re jealous of an indian woman’s regard for her husband. Unfortunately we are also jealous of the western man’s regard for his wife because he would consiser sedating and raping his wife a crime. Not his god given right.

      What to do?

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    • Lol, if marital rape is necessary for the “family”, let’s get rid of the family then. But no need for such measures. Let’s just get rid of marital rape and leave the family in tact ok?

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    • Your definition of a feminist is wrong. Feminists are people who see women as human beings, with the same rights as everyone else. Both men and women can be feminists. You don’t have to be a child to fight against child abuse. You don’t have to be disabled to fight for the dignity of people with special needs. You don’t have to be gay to defend gay rights. You don’t have to be a woman to treat women as equals. You do it because you care. Because you are a thinking, rational human being.

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    • Well, a family where one person constantly forces themselves on the other and expects them to submit to all their whims and fancies is better off ended.

      As a corollary, try not to rape your spouse or treat them like a personal slave and the family will automatically continue.

      Pliss 2 thnk abt it saar.

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    • Oh no. She was not molested bexause you see such things never happened in Bharat. They only happen in India. It is a western feminist conspiracy to make our youth question indian culture.

      Besides why were you reading the mahabharat? Don’t you know that a woman reading the mahabharat only ends up causing strife in her home? You should only read the ramayana…

      //sarcasm

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    • Actually, I think the whole point of the Mahabharata was that it is foolish to follow the letter of the law when something is obviously wrong. It’s a story-based critique of duty, tradition and culture when they violate common sense & ethical values. The whole point was that the brothers had to stand up and say, we are not the property of our eldest brother and we are not bound by his decisions. Note Krishna’s extremely unorthodox ways to win the war. He was a rebel, and that’s why he was immediately classified as a non role-model avatar. To ensure that nobody upholds him as an example to emulate.

      Of course, that view has not been endorsed by traditionalists who interpreted the Mahabharata. Nothing is more scary than changing the social order, or having to use our conscious minds to make our own decisions.

      Up, society, up! Shake up the social order. It’s scary, and it’s the one thing we humans fear most. This law has to be changed.

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      • I forgot to add… the very idea that legally forbidding marital rape would challenge the institution of marriage is weird. Taking the extreme hypothetical that’s quoted often, that many ‘false cases’ would be filed, while that would be a travesty of justice and it creates a lot of problems, how would that threaten the institution of marriage? Who wants to be married to a person who would file a false case against them? How is that marriage in any way typical? Obviously it has broken down to the point that one person is ready to destroy the other… if anybody can explain this to me, I’d be happy to hear.

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      • “Actually, I think the whole point of the Mahabharata was that it is foolish to follow the letter of the law when something is obviously wrong.”

        Agreed. There are dozens of examples of situations and people in the Mahabharata, who, in their hurry to uphold their vows, honour, and duty, do a disservice to what is good, right, and just. Draupadi’s situation, if I’m not mistaken, was actually one of those cases. But that discussion is off topic for this post.

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    • It is interesting in that these Multinational companies that originate in west have brought their kind of misogyny to third world and the local elite and opinion makers are dancing to their tunes. We have our own brand of misogyny but it doesn’t rest in no pink shirts for men and baby boys. Until mid 1980s day time TV was not a thing whole family even neighborhood watched all the TV shows together and discussed the plots and anticipated the story lines. Most shows then were about women empowerment and women’s changing social roles and challenges.
      Then our middle class was lucky to have a shampoo for whole family, one bottle was good for every member. Liril, Cynthol were family soaps with exception to Lux, Mysore sandal and Lifebouy that were geared to genders. Come uncle Dunkel (GATT and Dunkel Draft) opening of markets to these shitty products and flood gate opens to different brands of misogyny wrapped in glossies.
      It is really disappointing that these ads are created in ivory towers by graduates of elite schools who have no clue of misogyny practiced at the grassroots but are now imposing their brand of misogyny for their master’s (market/sales) sake. It will be no wonder to if we come to know few women worked on this campaign.
      Here in US Summer’s Eve ad took a flack. Here someone even found it very funny when we women were outraged.

      Peace,
      Desi Girl

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  7. This news made me REALLY angry. It is sending the message that wives are legally owned slaves – sex slaves!!!!!!!!!! Unbelievable. Where is the logic??
    On one end they are hanging the gang rapists and on the other end if you do it to your wife, that’s okay and legal. Rape is rape and needs to be taken just as seriously no matter the circumstances!!!!!!!!

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