Raw Thoughts On Marital Rape

My Minor dissertation is link to Marital Rape. I’ve come to some views during these days, though raw and unlogical, I want to post them here to get some response from you all.

Please Note That The Following Contains Possible Disturbing Words Related To Sexual Content.

There has been a very trite reason that marital rape is not considered a criminal act, that they are couples, for Christ’s sake, they are husband and wife, the holy union under the God, the wife is supposed to devote all her virginity to her life partner, her soul mate, and accept his will above hers. In China, that means "Right To Cohabit".

Well yes "cohabit" means "To live together in a sexual relationship", but the statue in China only says "No one who has a spouse may cohabit with any other person." So I think at this level some people may have distorted the meaning of that article. They think that a husband can legally ground his wife, thus have some "legal sex", which’s totally ridiculous, for they only has to right to ask his wife not to sleep with another guy, but never coerce his wife to have sex against her will. There’s no such right as coercive cohabitation with a woman.

Some experts say that the marriage is like a contract, once a woman is married to a man, she makes an agreement that she volunteers to have sex with his husband as long as their marriage continues, and that is absurb too. What’s sex? Vaginal Penetration? Aside the ejaculation part, it means no more than a casual touch of skins, and no different from shaking hands or a hug. So at this level, those expert are actually saying, a husband can "touch" his wife legally anytime he wants even when violence involved, so, if she got battered by her husband, there’s nothing the law can do about it. Crap!

In my point of view, Marital Rape is no doubt a criminal act and should be pubished more severely than the Stranger Rape, because physically the later is often one-off, but the former one is very likely to be repeated, and mentally Marital Rape is a betrayal of the mutual trust, the victim is certainly to get very confused after the traumatic experience.

One of the main reasons why the Marital Rape is still not made a criminal act in China, is the judicial officials think it would be too difficult to collect the evidence. Well it’s their job and they should do something about it instead of sitting there and ignore the domestic screams.

5 thoughts on “Raw Thoughts On Marital Rape

  1. 也不能说法律无规定吧,现在这种婚内强奸在法律上可追究的情况分成两类:一类是正在办理离婚手续处于分居中,可定为强奸;二是如果强奸造成伤害的定故意伤害罪,所以说虽然没有婚内强奸法,适当的时候也可以定为强奸的。另外好像可以定虐待罪,记不清了。
    至于为什么不制定,我想除了你说的证据方面问题外,还有就是我国的婚姻法规定夫妻有同居的义务,所以无所谓强奸的。

  2. Marital rape is a crime where I live. The point being, if your spouse is unwilling and says "NO" then forced sex would be rape.

  3. hehe~nice topic, i think obviously it\’s rape, but the difficultice of geting the evidence is the main point. "couple have the 义务 to cohabit, so dont have so-call rape" i think it\’s completely in-logic.  having sex against another\’s will is rape… if not, so if we get married, we have the 义务 to be raped?? haha~it\’s a funny logic. the only thing i disagree is "should be pubished more severely than the Stranger Rape", we can only pubnish someone by what he/she did, right?

  4. 似乎确实属于犯罪吧,我看到过此类案例,说是一个丈夫想给妻子一些“惊喜”,趁着天黑看不清人脸,在妻子回家的路上将其强奸后逃窜回家,妻子随后也回来,他嬉皮笑脸地问感觉如何(确实很伤害人的自尊)……妻子恍然大悟,本来就很痛苦了,结果心理还受到打击,将他告上法庭,判为强奸罪了。

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