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.