Why Marital Rape Must Be Recognized as Crime

For many people, marriage is like a fairy tale. They are culturally, religiously and legally bound to a person through love marriage, dating apps or arranged marriage.

They can be with their spouses openly, no one can gossip about them or interfere with their relationships. After all, why would anyone even consider this? Marriage between a Man and a Woman has been recognized worldwide for centuries.

Couples share their happiness and sadness with each other and learn to understand each other deeply. They do things to make their spouses smile and even express their love for each other through physical intimacy. In some countries, such as India, this type of intimacy is socially accepted only after marriage

Although intimate sexual acts are a natural way for couples to express love and strengthen their bond, without proper consent, they can become a source of serious mental and physical harm.

But violating consent leads to a serious problem: marital rape.

So what is marital rape?

Very simply, marital rape is non-consensual sexual intercourse or sexual act committed by one spouse against the other.

Being married does not automatically give one the right to have sex. Each party must give freely given continuing consent. And if one person forces or forces another to have sex, that is rape.

It can occur through emotional manipulation or coercion, threats or intimidation, abuse of a person while they are asleep, drunk or unable to consent, and physical force.

Marital rape is often misunderstood because many people think marriage means consent, which is wrong. Consent is very important even in marriage, a healthy relationship requires mutual consent and willingness, not coercion.

Marital rape occurs for a variety of reasons, including one spouse wanting power and dominating the other person. This sometimes happens because of social or cultural norms where society incorrectly teaches that the partner is owed sex. And some people don’t realize that forcing their spouse is both legally and morally wrong.

The effects of marital rape can be long-lasting. It can lead to emotional trauma such as depression, PTSD or anxiety. It can even cause physical injuries or sexual health problems. It can cause mistrust and difficulty establishing a secure relationship in the future.

Why Will Marital Rape Be Considered a Crime?

The effects of marital rape are often serious and long-lasting. The victim often experiences physical injuries, depression, post-traumatic stress disorder, loss of trust, feelings of betrayal, and long-term trauma.

The feeling of violation intensifies as the victim lives with the perpetrator every day, the trauma does not end with a single event, but is repeated every day the victim stays in the same environment.

Marriage is not a contract of sexual access, but a relationship based on partnership and mutual trust. Consent is essential in a relationship and must be permanent, voluntary and reversible, even between partners. It is widely believed by many that a woman’s consent is given permanently after marriage, treating her as property and reducing her autonomy.

Recognizing marital rape could reinforce the principle that no relationship can override the need for consent. Because laws are the most powerful tools to shape our society. Criminalizing marital rape would challenge the old belief that marriage is a male-dominated institution in which women have no say. Instead, it will foster relationships built on mutual trust, consent and communication.

In many countries, including India, marital rape is not considered a crime, so survivors cannot file rape cases against their spouses. Instead, they are left with indirect legal procedures such as filing domestic violence complaints, accusations of cruelty and even filing for divorce. They provide some protection but do not acknowledge or punish sexual violence itself.
Criminalizing marital rape could offer a direct legal path to justice.

But when the law refuses to recognize marital rape as a crime, it inadvertently gives power to the abusive partner; This creates the dangerous idea that the husband’s sexual demands must always be fulfilled, regardless of the wife’s wishes.

This loophole provides cover for oppression, fear, physical violence and trapping women in cycles of abuse from which they have no chance of escape.

Marital rape is not a “family issue” or a “mistake”; It is a crime that violates autonomy, dignity and human rights. Meanwhile, marriage cannot and should not be used as a tool for sexual violence.

Criminalizing marital rape is important to ensure justice for survivors, promote gender equality, and uphold the fundamental principle that consent is mandatory in every relationship.