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Can Rape be Possible in Marrage

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By Pete Maida


The short answer is yes martial rape is a crime. A partner may be able to claim the marriage agreement has been violated if one partner continually refuses sexual ovetures, but a parnter should never have the right to force his or herself on their partner. A person's body is theirs; no agreement, marriage or otherwise, should void that ownership. It is amazing that the old notions of possesion still held some weight as recently as 1976, but today all 50 states and most countries consider martial rape a crime. An answer of no can be negoiated, whined about, but it can't be overridden; not in a civilized society. The bad news is that many states don't treat martial rape as seriously as a rape by a stranger; in my opinion this is a mistake.

I also believe that continual refusal without good reason is also not acceptable to a healthy relationship. One cannot expect a partner to be faithful if he or she is left with no sexual outlet. Courts would have to take the health of the couple's physical relationship into account in cases where a spouse is charged with infidelity.

No one can ever be given to right to violate another person. I understand that people preceive love in many different ways but I can't imagine how a partner could ever act so brutally and still claim to love their spouse. I fully believe that marriage is a partnership and that a spouse should not be looking for the door at the first sign of trouble, but if I were a woman and put in a position of being sexually violated; that would be a game only played once. I'd be gone before my partner could get his sorry ass off the bed and I would be calling 911 on the way out.

A woman has a legal right to have her husband charged and to have her day in court. Judges do hand out restraining orders when a husband is violent to his wife and this is just about as violent as you can get short of murder. I don't think a public disclosure of this kind of situtation would reflect badly on the woman. People, being the sexual news moggers that they are, would be all over the story, but I think the man would be the one to look bad. A woman should be considered, at least by anyone thinking, to be fighting for her rights as a human being.

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Hawkesdream profile image

Hawkesdream  says:
7 months ago

i know that this is an unwelcome reality for some, however the problem comes when so few people actually believe that it happens. It is good that you have brought this crime to the fore.

cindyvine profile image

cindyvine  says:
7 months ago

A woman doesn't just refuse her partner for no reason. There has to be a valid reason, even if it is something silly like he didn't wash the dishes, there would still be an underlying reason.

abinavis profile image

abinavis  says:
7 months ago

It's hard to build good relationship in a marriage for women and her partner after martial rape happened. Understanding and respect to each other are definetely needed.

Peggy W profile image

Peggy W  says:
7 months ago

Good subject. So many aspects to this crime and so many complications including children, money, etc. which keep the rape victim captive (or at least so they think.)

If it ever happened to me, I think it would be the first and last time. Thank heavens I have never been presented with that event.

apeksha profile image

apeksha  says:
7 months ago

So many times if the parter is the parents choice then such things may happens...

Enelle Lamb profile image

Enelle Lamb  says:
5 months ago

I was surprised to see a hub about this, to be honest. I can lay claim to this crime - however, as you pointed out, not many professionals treat it seriously - after all - you're married, right? It is the woman's 'duty' etc., etc.

Anyway, I am no longer married to the man - didn't take me long to get the 'hell outta Dodge' lol

awsydney profile image

awsydney  says:
3 months ago

I agree it is possible and unfortunate. It should be punishable as well although the burden of proof seems to lie so much upon the victim at times. Thanks for sharing.

K Kiss profile image

K Kiss  says:
2 months ago

There is no confusion over the matter that marital rape counts as rape that takes place between unmarried people. It is amazing how many girls/wives/women are not even aware of their own right to say no to their husband's sexual advances. Although seen from the moral perspective or the social perspective, a woman shouldn't continually say no to her husband without a proper reason, it needs to be made clear that the reason behind saying the 'no' is of no consequence. the fact that she denied and yet was violated is all that matters. Rape is a basic intent crime which means that it does not matter even if the husband was intoxicated or couldn't properly control himself. As long as he rapes his while she was denying access to him, it is RAPE.

nice article by the way :D

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