Love, Honour, and Rape With Impunity - Wife as Victim of Rape and the Criminal Law (From Victim in International Perspective, P 423-440, 1982, Hans Joachim Schneider, ed. - See NCJ-86192)

• NCJ Number: 86218
• Author(s): J A Scutt
• Date Published: 1982
• Length: 18 pages
• Sale Source: Walter de Gruyter & Co
• Language: English
• Country: West Germany (Former)

Annotation

A husband's forcing of sexual intercourse upon his wife should be criminalized in Australia, because such action is a victimization that should have specific legal remedies.

Abstract

Opponents of the criminalizing of forced sexual intercourse within a marriage argue that criminal law should not intrude into the marital relationship and that divorce law provides a remedy for women who no longer desire a sexual relationship with their husbands. Further, opponents maintain that wives are unlikely to pursue a rape charge against their husbands to completion, so that criminal justice resources would be wasted under such a law. It is also argued that such a law would be used vindictively and falsely by wives and would also tend to undermine any positive aspects of a marital relationship. Some opponents consider that rape cannot by definition occur in a marriage because of the nature of the marriage contract. After all the arguments against the criminalizing of forced sexual intercourse in marriage have been heard, there is still no justification for one person to brutalize another emotionally and physically, regardless of the legal status of their relationship. The criminal law does intrude into the marriage relationship in practically every area but rape. A policy that upholds or permits rape in marriage leaves a wife vulnerable to severe victimization through a sexual attack whereas, such victimization is viewed as a severe crime when it occurs outside of marriage. There can be no justification for such a contradiction in policy. A total of 102 references are listed.