Legal loopholes protect the rapist in these cases.
Marital rape is more prevalent than we know even though it has been criminalized by every state since 1993, owing to the on-going efforts of women’s rights groups. However, in many states, there are legal loopholes pertaining to sexual assault laws that leave married women unprotected from forcible rape by their spouse.
One such loophole is a woman raped by her spouse while incapacitated or drugged. In this case, the spouse committing the rape will have legal exemption in 17 states. Stronger laws and closing legal loopholes in all states are vital to protecting women and their basic human rights.
History of Marital Rape
Marital rape is the act of sexual intercourse with one’s spouse without their consent. Historically and for centuries, sexual intercourse within a marriage was regarded the male’s spousal right with their wife who was perceived as a possession. Currently, marital rape is more widely seen as an act of sexual violence.
Marital Rape Statistics
Keep in mind that marital rape, a type of intimate partner abuse, is not about sex but rather power and control. The National Coalition Against Domestic Violence (NCADV) provides data:
- Between 14% and 25% of women are sexually assaulted by intimate partners (spouse or boyfriend) during their relationship.
- Between 10 and 14% of married women will experience rape by their intimate partner.
- If you’re in an abusive relationship, 40% to 45% will be sexually assaulted during the course of the relationship.
- According to one study, rape by a marital partner has been four times more common than by rapes by strangers.
- 18% (almost one in five) of female marital rape survivors reported that their children witnessed the assault.
- Marital and intimate partner rapes are under-reported–only 36% of all rape victims ever report the crimeto police, and the percentage of married women who report a spousal rape is even lower.
- According to the findings of a 2006 research brief by the National Resource Center on Domestic Violence (NRCDV), women who are raped by their spouse are likely to be raped many times. Women have cited being raped 20 or more times. It’s a myth that marital rape is less serious than other forms of sexual violence.
Read the rest of the article on Psychology Today.
