Marital Rape Is Still Not a Crime in Some Countries
Marital rape—non-consensual sex within marriage—is still not criminalised in many parts of the world. That means in those places, a husband can legally force sex on his wife. Here’s why this matters.
Which Countries Still Have Legal Gaps?
Despite progress, about 50 countries still do not explicitly criminalise marital rape—India is one of them :contentReference[oaicite:1]{index=1}. In the Commonwealth, 18 countries retain marital rape exemptions rooted in colonial-era laws :contentReference[oaicite:2]{index=2}. In parts of Africa like Côte d'Ivoire, Ethiopia, South Sudan, Nigeria, and others, spousal rape remains legal :contentReference[oaicite:3]{index=3}. In Asia, Malaysia doesn’t consider marital rape illegal unless violence or threats are proven :contentReference[oaicite:4]{index=4}.
How Common Is It?
In the United States, 10–14% of married women have been raped by their husbands :contentReference[oaicite:5]{index=5}. Globally, marital rape constitutes around 25% of all rape cases—around 10–14% of married women have experienced it :contentReference[oaicite:6]{index=6}.
Why it Isn’t Criminalised Everywhere
- Cultural norms: Many societies view husband’s consent as inherently given. Marriage often implies ‘sexual obligation’ :contentReference[oaicite:7]{index=7}.
- Legal loopholes: Colonial laws or statutory exemptions exclude spouses from rape definitions :contentReference[oaicite:8]{index=8}.
- Lack of enforcement: Even where laws exist, police and courts often hesitate to prosecute intimate partner rape :contentReference[oaicite:9]{index=9}.
Consequences for Women
Marital rape is linked to serious physical and psychological effects—injuries, STIs, depression, anxiety, PTSD, and suicidal thoughts :contentReference[oaicite:10]{index=10}. Victims also tend to endure repeated abuse, often without support :contentReference[oaicite:11]{index=11}.
Notable Developments
- India: Marital rape is still legal under IPC Exception 2. Courts recently ruled forced “unnatural” sex is cruelty, not rape—charged under Section 498A :contentReference[oaicite:12]{index=12}.
- Singapore: Marital rape immunity ended in 2020—now prosecutable under Criminal Law Reform Act :contentReference[oaicite:13]{index=13}.
- France: In 2024, a landmark case saw a husband sentenced for drugging and raping his wife—sparking renewed discussion around consent in marriage :contentReference[oaicite:14]{index=14}.
The Case for Legal Reform
Reform is essential: only about 4 in 10 countries criminalise marital rape :contentReference[oaicite:15]{index=15}. International human rights bodies stress that lack of legal clarity perpetuates violence and denies women bodily autonomy :contentReference[oaicite:16]{index=16}.
What Needs to Happen?
- Governments must remove exemptions and explicitly criminalise marital rape.
- Law enforcement and judiciary must be trained to handle intimate partner sexual violence.
- Public awareness campaigns are needed to shift cultural norms around consent in marriage.
FAQs
- Is marital rape illegal everywhere? No—many countries, including India, Nigeria, Malaysia, do not criminalise it.
- Does having children affect legal status? No—marriage does not grant a “rape licence.”
- How can laws change? Change starts with legal reform, court challenges, and activism—Singapore’s 2020 change is a good example.
Learn more about gender-based violence and women's rights from our articles on Bacterial Vaginosis (BV) and Teen Mental Disorders.
Further reading:
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