At a later stage how can a WIFE turn back and yell "...........eeek I have been raped by my husband". Doesn't that look comic? At the most the husband may be punished for assault or cruelty towards his wife. But, how can it amount to RAPE by any standards?
Otherwise every sexual act after having a good drink and dinner could be termed as RAPE!! I'll give you an instance. Husband and Wife are sleeping together on their wedding anniversary and the man gets the urge to have sex. The woman says no as she is having periods. The man says doesn't mind and has his will. The woman doesn't protest but later on goes to police an files a complanit of RAPE against her husband saying that she never gave concent for the sex and the husband aught to be punished for RAPE i.e., seven years of prison term. WHAT THE HELL... IN WHICH JUSTICE SYSTEM ARE WE LIVING?
2006-10-01 23:25:16 · 25 answers · asked by Justanian 1 in Politics & Government ➔ Law & Ethics
After seeing some answers i would like to add that I am not saying that a Marital Rape is not a crime. It is a crime. An assault maybe or some other type of sexual offence. Punish such husbands by all means but technically speaking it doesn't amount to an offence of RAPE if the victim is a wife. It could named some other offence. I would like to add here that what abou the problem of Evidence? If I have a drink with my wife and then sleep with her she can go to the police the next moment and say she has been raped. Whereas the truth is not so. The wives can then surely blackmail their husbands everytime.
2006-10-01 23:39:49 · update #1
What about the borderline cases?
A. Husband & Wife are having sex and during the intercourse the wife asks him to stop but he conitues for some more time.
Is this rape too?
B. Huband & Wife are enjoying a drink after which they have sex. The wife goes to the police and says though she consented to the sex act she was under the influence of liquor.
C. The woman is sleeping and her husband who is sleeping next to her indulges in foreplay. She has no knowledge of foreplay as she is asleep. Suddenly the man tries to penetrate her. She gets up. She says she has been raped. Is it a RAPE?
PLEASE TAKE THIS QUESTION from academic point of yiew. No need to show your emoitons please.
2006-10-01 23:47:08 · update #2
Rape is something more than just 'sex without consent' . Rape is something more than assault. Rape is simply not using force to have sex. The English common law was perhaps wrong in defining sex as an act of sexual intercourse with force or done when the victim was not in a position to understand the nature of the act. To add to it, in many countries, the perversion of including forced marital sex in the definition of RAPE has complicated the matter. Perhaps the law makers have not fully understood the nature of this crime. It is more punishment oriented then Victim related. For the rape victim its like a second trial. She has to repeat what all she has gone through before the police and before the court and then again before the defense lawyer who asks her all types of silly and degrading questions. The effect is that the trauma of the victim is enhanced and she feels utterly defeated. When it comes to marital rape there may or may not be a trauma or any ill-effect. That's a question of debate. Marital RAPE is certainly not that kind of rape which is committed against a stranger and there is use of violence and hurt. It may be as you say an assault at the most but certainly not a rape.
2006-10-02 02:55:44 · answer #1 · answered by Naazneen D 1 · 0⤊ 3⤋
No means no, whatever the relationship between the two people are. Therefore, it IS rape. Period. However, if the victim doesn't protest DURING sex, it is not rape (unless she's unconscious).
And no, just because two people are married does NOT mean that the wife has given consent to having sex EVERY time. It's her body, she can say no if she wants to.
If MY husband were to pull some crap like that, I'd divorce him.
No means no. To say otherwise is plain IGNORANT, and only further victimizes those who have survived sexual assault.
There have been times I protested BEFORE-hand...but during, not at all, and I don't consider that to be rape. A woman does not have to specifically say that she gives consent, in order for sex to be consensual. Although, it is respectful to ASK a woman if that's what she wants to do.
I've been through both, thank you, I know the difference.
As for your examples:
A. Yes, that is rape. It is consensual until the MOMENT one of them says no. After that, it is rape.
B. That's iffy. It depends on HOW drunk the wife was. Usually it is only rape if the woman was too drunk to give consent.
C. If there was penetration, and it continued after the wife said no, then yes, it was rape. However, if a person (in the case of your example, the husband) got frisky in the middle of the night, it is not rape unless his wife says no, and he continues.
2006-10-01 23:32:59 · answer #2 · answered by The_Cricket: Thinking Pink! 7 · 2⤊ 1⤋
Personally, I have no problem with it. But equally couldnt I ask you to give me a legitimate reason for not permitting marriage between a person and a pumpkin? I think a stickier issue is of same sex partners adopting children. Ok, there may be nothing wrong with the parenting abilities of gay people, but I believe that whenever possible a child should have a mother and father figure to look up to. In adoption processes, generally two parent 'stable' families are considered the most suitable candidates. I dont think the idea of 2 mothers or 2 fathers is natural for the development of a child.
2016-03-27 01:53:24 · answer #3 · answered by Anonymous · 0⤊ 0⤋
UR A FOOL!!! marriage does not give a husband endless rights to supercede his wife's will! Marriage is not an ownership contract!! If this is the way u think i hope u NEVER get married! What gives u the right to not respect what a human being wants for their body??? And wtf gives a man more rights than a woman????
In ur example u said : "the woman says no..."but "the man says he doesn't mind"... it doesn't make a sh*t of difference what he feels!! she didn't want to and by violating that trust and continuing his actions he has made himself eligible for punishment because what he did was WRONG!!!
I've got a q for u: WHAT F*CKING CENTURY DO U THINK IT IS?
ok i just read ur added details n i still got a q 4 u: how much smoke is coming off ur heels from backtracking so fast?? If u didn't want emotion then y did u tone ur original q the way u did?
i quote: "What the hell... in which justice system are we living?". Is that an academic tone or an emotive one hmm? ur not just a neanderthal... ur a spineless one!
2006-10-01 23:44:57 · answer #4 · answered by Anonymous · 3⤊ 1⤋
Oh brother. Having sex with one's wife while she is on her period is not only gross, but can cause endometriosis.
She said no and he went ahead and "had his way with her?" She already said no.
Apparently the husband didn't have any respect for the wife. No compassion. A selfish man.
Oh and by the way having sex during a women's mense cycle "can" cause endometriosis in a man as well. It is rare, but can happen. Do you know what that means? endometrial tissue lodges inside the man and hemorrhages. A period is a means of flushing out blood and the endometrial lining of the uterus when the woman does not become pregnant. Intercourse causes the issuing mense to be forced back inside the body to attach itself to different parts of the body. This can be extremely painful. And it can cause excessive bleeding, a period for 2 to 3 weeks. Or even a period for 100 days.
She said no and he did it anyway. Inconsiderate man.
Did he go to prison?
2006-10-01 23:57:48 · answer #5 · answered by MoonWoman 7 · 5⤊ 0⤋
So are you asking us what is the legal definition of Rape? Or are you questioning the legal definition of Rape?
Or are you asking if it's all right to commit a crime against a person just because that person is a legal spouse?
You seem to have a fear that a wife can go to the police any time to falsely report her husband of rape. Why?
.
2006-10-01 23:51:20 · answer #6 · answered by Spica 4 · 3⤊ 0⤋
Rape is defined:
“against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.” It is also rape when a person is “prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known, by the accused.”
btw, how can you say don't get emotional, when the topic is an emotional situation.. It is very serious and can change ones life completely, just the same as child abuse. It effects us emotionally. If you are a caring person, you can not turn off your emotions. Emotions are a part of our daily life.
2006-10-01 23:50:09 · answer #7 · answered by G♥♥G♥♥ღ 4 · 4⤊ 0⤋
Although your question has clearly offended several people, I'm choosing to view it as a legal question. You don't say what country you are in, so my answer is limited in that sense to the law of Australia as it now is.
The doctrine that in marriage a woman (and also the man) gave consent permanently to sex for all time is outdated and has been overturned by more recent caselaw. As the law in this country now stands, anyone can be convicted of raping anyone if that person did not consent to sex. I believe this is also the case in England. To be sure of this you need to look at the Crimes Act, Criminal Code etc of whatever place you are in.
2006-10-01 23:38:52 · answer #8 · answered by TC 4 · 2⤊ 1⤋
Men can rape there husbands. The women has a right to say no to her husband and anyone else that she wants the husband can divorce her, have an affair with someone else, or just leave her. He can't rape her. A wife is not a thing she is a person.
2006-10-01 23:29:05 · answer #9 · answered by jm 3 · 3⤊ 1⤋
Main Entry: rape
Function: noun: unlawful sexual activity and usually sexual intercourse carried out forcibly or under threat of injury against the will usually of a female or with a person who is beneath a certain age or incapable of valid consent because of mental illness, mental deficiency, intoxication, unconsciousness, or deception —see also STATUTORY RAPE
NOTE: The common-law crime of rape involved a man having carnal knowledge of a woman not his wife through force and against her will, and required at least slight penetration of the penis into the vagina. While some states maintain essentially this definition of rape, most have broadened its scope esp. in terms of the sex of the persons and the nature of the acts involved. Marital status is usually IRRELEVANT. Moreover, the crime is codified under various names, including first degree sexual assault sexual battery unlawful sexual intercourse, and first degree sexual abuse.
Approximately 10-14% of married women are raped by their husbands in the United States. Historically, most rape statutes read that rape was forced sexual intercourse with a woman not your wife, thus granting husbands a license to rape. On July 5, 1993, marital rape became a crime in all 50 states, under at least one section of the sexual offense codes.
Women are at particularly high risk for being raped by their partners under the following circumstances:
Women married to domineering men who view them as "property"
Women who are in physically violent relationships
Women who are pregnant
Women who are ill or recovering from surgery
Women who are separated or divorced
It is a myth that marital rape is less serious than other forms of sexual violence. There are many physical and emotional consequences that may accompany marital rape.
Physical effects include injuries to the vaginal and anal areas, lacerations, soreness, bruising, torn muscles, fatigue, and vomiting.
Women who are battered and raped frequently suffer from broken bones, black eyes, bloody noses and knife wounds.
Gynecological effects include vaginal stretching, miscarriages, stillbirths, bladder infections, sexually transmitted diseases, and infertility.
Short-term psychological effects include PTSD, anxiety, shock, intense fear, depression and suicidal ideation.
Long-term psychological effects include disordered sleeping, disordered eating, depression, intimacy problems, negative self-images, and sexual dysfunction.
Any other questions ?? A marriage license is NOT a receipt of purchase. A woman (or man) has the right to decline engaging in any sexual act for whatever reason. If the spouse of said person does not agree with that, then said spouse can file for divorce, etc. There is NEVER any reason good enough to excuse the act of FORCIBLY having sexual intercourse with anyone, including your partner !!!
2006-10-01 23:53:48 · answer #10 · answered by Michele A 5 · 5⤊ 0⤋