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2022.01.21 04:31 Pretend_Departure424 Marital Rape is Rape... Copy Pasted it from r/India since I can't cross post....a comprehensive summary of the law...

Marital rape is rape but our law does not consider it on a very sexist basis that marriage implies consent. It violates the dignity and autonomy of women. There is no false accusation happening en masse on nations that have criminalized it. A case that is dropped does not imply that it is a false case. Most rape is not perpetrated by strangers but by husbands. Most Indian marriages are forced, arranged and abusive and women have no say in choosing their partners, and Indians have very patriarchal beliefs that even justify such abuse, the results of multiple surveys highlight it as too.
Some highlights:

Marriage does NOT imply consent. Women are not properties that their husbands own and do whatever they want, marriage does not entitle a man to sex, consent matters. Marital rape violates a woman's dignity, liberty and sexual autonomy.
Marital rape is rape. Call a spade a spade. Sex that does not involve consent is rape, independent of who is the perp, or whether if you are married to them or not. If he is forcing on you, then it is rape. A NO MEANS A NO REGARDLESS OF MARITAL STATUS and the law does not recognize the right of a married woman to say a NO to her husband !
If you oppose criminalizing marital on the grounds that men will be falsely accused en masse and thus not criminalize it, you are have no idea what ya talking about and should rather get ya effin' head rexamined instead of commenting bs. It is seriously revolting to see how you are defending such henious crimes like rape and androcentrism strikes again, why do ya always want to center men everytime this is brought up, why are women's needs always ignored?
Crores and crores of women get abused, get raped by their husbands who believe he owns her as a property and us fully entitled to her body and even if somehow it gets managed to get reported (<1% of incidents get reported[1], the law does not even see it as rape ! It is happening[2] where men are getting away with raping their wives, we have judgements like this:
The Chhattisgarh High Court Thursday discharged a man from facing trial for allegedly raping his wife, given that Indian law does not recognise marital rape if the wife is above 15 years of age. The judge, hence, noted, “in this case, complainant is legally wedded wife of applicant No. 1, therefore, sexual intercourse or any sexual act with her by the applicant No. 1/husband would not constitute an offence of rape, even if it was by force or against her wish.”
This is just one, you can see many judgements like this. You can go ahead and read the section S-375 yourself[3]:
Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following de­scriptions: (First) — Against her will. (Secondly) —Without her consent. (Thirdly) — With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
(Fourthly) —With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be law­fully married.
(Fifthly) — With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupe­fying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. (Sixthly) — With or without her consent, when she is under sixteen years of age. Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
(Exception) —Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.
All laws can result in the so called 'false accusations'. Even murder or theft can, this does not imply now that we start legalizing murder theft because of a possibility of a false negative. So does this imply to marital rape.
We are one of the thirty-six nations that do not criminalize marital rape.[4]
Its not strangers who that are responsible for most rapes, it is one of rape myths we heard through various media, rape is mostly perpetrated by someone known to the victim, usually a family member. The average Indian woman is 17 times more likely to face sexual violence from her husband than from others.
Another look at the data from the National Family Health Survey[5] Revealed that ever married women between the ages 15 and 49 who ever experienced sexual violence report, 83% reported their perp as their current husband a further 7% reported their perp as their former husbands, combining it equals to 90% being perpetuated by husbands and then to how domestic violence and marital rape is justified, its astounding to how many justify it and in general how patriarchal they are, some reports from multiple surveys reveal this.
A paper titled "Masculinity, intimate partner violence and son preference in India" from the International Council for Research on Women[6] that had surveyed attitudes towards domestic violence and rape and the perpetration of it by men and the experiences of it be women.
Attitudes towards domestic violence and rape [p.28]:
Intimate partner violence (lifetime) [p.38]
Some definitions first:
Women's experiences with IPV (lifetime): [p.38]
Perpetration of violence against women by men (lifetime): [p.38]
That's right, 31% or almost one-in-three men admitted in that survey to raping their wives and 60% or three-in-five admitted perpetrating any form of intimate partner violence.
The reason for difference in women's reporting of sexual violence and men's report of perpetration is due to the stigma asscoiated with the experience of sexual violence for women. The reason for emotional violence is due to the normalization of such suchs by women as it is expected and thus internalized that men will exert some control in their lives.
Using, the fourth National Family Health Survey[7], looking further into that data provided by it.
Intimate partner violence: [p.585]
And remember, we have to keep in mind this survey ain't perfect. It had an excessively lengthy questionnaire and the questions were asked very intimate questions which are very difficult to ask for researchers and responses to answer[8], it is very possible that these numbers are going to be under-reported. They will still continue to underestimate the prevalence of all types of violence.
But suppose even if were we take these underestimated numbers, and were we to extraploate using the population numbers of the years 2016 using the population projections from the census of 2011.[9] [p.161]
We find there are ~34.1185 crore women who are between the ages 15 and 49, and the data from this survey shows 77.6% of women between the ages 15 and 49 have ever gotten married, so the number of married women is ~26.5 crores / ~265 million.
In the last one-year, 26.4% of women experienced any form DV. This is equal to ~7 crore / ~70 million women alone experience any form of DV from their husbands, the equates to ~1,92,000 women who experience any form of DV everyday and ~133 every minute. and 5.2% experienced sexual violence, that is equal ~1.4 crore / ~14 million women who were raped by their husbands, this is equal to ~38,000 women being raped by their husbands every single day, and ~27 every minute.
This is once again, remember a very underestimated number, but it gives a slight hint to the reality of domestic violence and marital rape.
It must so right that married women in developed nations (where marital rape is criminalized) must be enjoying a big get rich scheme and fasely accusing men en masse, makin' millions of dollars, amirite? Here's some reality check for ya, a well researched post[10] from MensLib had answered this.
Here was their finding: the percentage of false accusations ranged from 2% to an atmost 10% and majority of false accusations could not even name the perp. The probablity of a man being false accused of rape 0.0005% (~1 in 2,00,000 or one-in-two lakh) and 1 in 4 (~25%) men experience some kind of sexual violence in their lifetime findings from the CDC say[11], many of whom report male perps, thus a man is quite literally thousands of times more likely to be raped by his fellow men than be false accused and arrested.
But how often do ya see these 'men's advocates' coming up and speaking out, they will screech loudly of a small number of false cases. Its almost as if they entire movement's purpose, is not to advocate for men or resolve their issues but rather exists to only antagonize women and minimize our experiences.
In India, you could further lower the probability of being falsely accused by even more and no more your bs figures of 50% of reported rapes being false is a grounded on a clear misinterpretation of studies. This post[12] answers this in detail.
Those cases that were registered as 'false' were cases that did not go for a trial or had an incomplete trial. Not going into a trial or an incomplete trial does not imply that it is a false case. There is no evidence that men are being falsely accused en masse.
Our legal system is a failure, it's not a question of a woman's honesty. It's absolutely disingenous how men use these statistics to call women as lying opportunists brainwashed by feminism or some bs, it's seriously disgusting. If you believe we are just all liars looking to falsely accuse men en masse, you are completely detatched from reality.
Reporting a rape ain't so easy as ya like to think it is. Telling people around that you were raped will lead to them despising you, not being sympathetic towards you, they will be blaming you, how it must be because of the clothes you wear for supposedly 'provoking them' so you just 'asked for it', it must be your fault that you travelled at the wrong time of day and at wrong place or whether you drink or not and how you have dishonored your family, your character is questioned and assasinated and all the blame goes on you.
The police ain't easily going to believe your words either and instantly file a FIR, they will gaslight you, again telling its all your fault or think of you having an ulterior motive to make money or even tell you to just 'compromise' with your rapist especially if he is from a more powerful family or community.
The ground reality is here is most women are don't even report rape and often don't even have provisions to do so. Not even one-percent of all rapes get reported.
Sometimes the cases reportes are dropped because women are compelled to compromise because of threats (including from the police), bribes, find the legal procedure too expensive or their loved ones being hurt. The tedious legal procedure dissaudes women from continuing the case.
Analyizing the data, in 2013, cases that went to Delhi courts, 20% were dropped because the complainant did not appear or turned hostile and change her statement.
Of the cases argued fully, 41% were filed by hostile parents who opposed inter-religious and inter-caste marriage. It was not women who filed these cases and they recieved threats and violence from their parents and 2/3rds of of such cases, woman fully testified that the relationship was consensual.
Those cases happen because women's freedoms are restricted and control over her sexuality as she is percieved to be a property of her father and then husband than an individual with agency and also a taboo against inter-faith and inter-caste marriages displaying castiesm and religious hate in our society.
24% cases in court deal with breach of promise to marry and 11% were convicted because of fradulent marriages.
Women ain't filing false cases en masse, most ain't aware of the legal provision, they are 'advised' by police, lawyer, relatives and DCW counsellors and why is this advice given? Because according to our society, woman's honour lies in her vagina'. Society tells women their bodies belong only to one man, and if they don't remain married to one man, they will lose respect, dignity and honour.
Marital rape can be proved. There exist methods to prove it, there are multiple nations that have criminalized and we ain't seeing any false accusations occuring en masse. We have laws against workplace sexual harassment, which is more difficult to prove. More difficult to prove does not imply it should not be a crime. Medical evidence, circumstantial evidence, DNA report, evidence of physical abuse etc and medical evidence may not be a necessity with the presence of other evidence. Here is some discussion about it:[13]
What about evidence? Coming back to the question of evidence, and the second argument of burden of proof. Firstly, that something is difficult to prove cannot be an argument to ignore a crime. Even in cases of rape by someone who knew the girl, it is difficult to prove rape. Proving rape is always based on circumstantial evidence,” points out Dr Prasanna Gettu, CEO of International Foundation for Crime Prevention and Victim Care. While in popular imagination, ‘rape’ means a stranger assaulting a woman, in 96% of the registered cases in India, the rapist is known to the victim. Dr Gettu further points out that marital rape cases will present a different scenario, unlike other rape cases which could be single incidents. “Marital rape will not happen in isolation, there will be a history of violence and physical abuse, and will fit into the larger picture of domestic violence. We have to look at it from that perspective,” she says. Dr Gettu also points as to how even workplace sexual harassment is often difficult to prove, but we have still have laws against it. Arguments against criminalising marital rape focus on forensic evidence, or the ‘lack of’ it. How can you prove that the act was not-consensual using DNA samples as evidence? The answer is in the judgment of Supreme Court in Sheik Zakir vs State of Bihar, case, where it ruled that the absence of a medical record would not be of much consequence if the other evidence on record is believable. Even so, Akila RS, a lawyer based in Chennai, points out the relevance of medical evidence in cases of marital rape too, “A history of physical violence, results of a rape-kit and medical examination of the wife, witness testimony and possible admission of the husband in electronic communications could be ample evidence to prove his guilt,” she says. Timely medical examination can differentiate between consensual sex and forced sex. “Yes, there is some difficulty in the criminal jurisprudence here, but we have to develop it. And at least, in cases where there is enough proof for proving marital rape, the law will help punish the husbands,” says Akila. A case in point being the woman who reached out to Sudha Ramalingam few years ago.
And secondly, "just file a divorce" ain't so simple either. Divorce also implies a certain stigma and divorced women are looked up down by even her family and put the blame on her for the 'failure of marriage' and have a societal pressures to remain in an abusive marriage and most women are not financially indpendent as data from the National Family Health Survey shows.
This is also the reason also for the much praised low divorce rates in India. It ain't a sign of progress or stability.
In most households, where a married woman's status is only to be a machine for popping out babies, be a docile wife and an unpaid maid that provides free labor and becomes his property, and she should always 'sacrifice' for her husband and tolerate his violence and abuse. Greater than 90% of Indian marriages are arranged with almost all having dowry.[14] and most of them were forced where woman don't have a say in choosing their own partners[15]. Data from the Indian Human Development Survey was analyzed and these were the findings of the survey surrounding marriages:
From multiple surveys, married women report their husbands trying to control them, dictating who she is and is not allow to meet, where she is at all times, not allowing to wear certain things, expecting sex and then getting angry if saying a no and also surveying the husband's attitudes and also let's have a look at those lovely 'family values' that is so praised by so many.
Looking back at the paper by International Council for Reasearch on Women, of which their finding surrounding marital control were: [p.26]
Women's reports:
Husband's attitudes:
A deeper look at the attitudes towards gender roles, domestic violence and rape: [p.28]
Before someone goes on and tries to put all the blame on women for the patriarchy and pretends they have 'destroyed the feminists', We know women who support patriarchy exist. Women agreeing with such patriarchal statements can be explained by a concept called internalised misogyny where our society always teaches women to shame, question, doubt, undervalue and undermine ourselves through subtle and not very subtle ways and the society preaches that you are inferior, it will not be surprising that at some subconcious level you start believing it yourself.
Back to the point, we can infer similar data from other surveys too, such as the National Family Health Survey on questions about attitudes and here were their findings
On freedoms and decision making power in households: [p.531]
On domestic violence and sexual intercourse: [p.543 & p.544 domestic violence; p.549 & p.551 sexual intercourse]
On Controlling behaviors exhibited by husbands:
Marital control [p.584]
Another survey was conducted, the CSDS survey[16] which interiviewed only the youth who were between the ages 15 and 34 with a sample bias towards the urban population, the generation that is assumed to be so hopeful for progressive ideas, these were that survey's findings:
Youth's attitudes towards women: [p.51]
Towards relationships: [p.54]
On the summing up the attitudes and they agreggated their beliefs as: [p.53]
That's right, 82% of Indian youth are patriarchal to some extent, or four-in-five and these questions asked were a bare minimum and two-fifths of the youth believed girls should not wear jeans. Both the older and younger generations are deeply sexist in their beliefs about women.
Results from multiple surveys give us a similar finding: Indians are still deeply deeply sexist and have very arhaic views about women and resulting from this most women often barely even eighteen years old, by force, where their parents/relatives entirely decide their partners and marry them to men they have barely met and considering how many men justify rape and even admit to it, crores of women get raped by their husbands and they get away with it, and guess what? Our laws are complicit in it and don't consider marital rape as a rape and that needs to be changed.
1 Less than one-percent of rapes get reported (Livemint), https://www.livemint.com/Politics/AV3sIKoEBAGZozALMX8THK/99-cases-of-sexual-assaults-go-unreported-govt-data-shows.html
2 'Sexual intercourse by husband not rape, even if by force': Chattisgarh HC (Indian Express), https://indianexpress.com/article/india/marital-rape-chhattisgarh-hc-section-377-7471940/
3 Section 375, https://indiankanoon.org/doc/623254/
4 The Impunity of marital rape (Indian Express), https://indianexpress.com/article/opinion/columns/the-impunity-of-marital-rape/
5 https://indianexpress.com/article/gendenational-family-health-survey-underscores-need-for-serious-discussion-on-marital-rape/
6 "Masculinity, intimate partner violence and son preference in India" (International Council for Research on Women), https://www.icrw.org/wp-content/uploads/2016/10/Masculinity-Book_Inside_final_6th-Nov.pdf
7 National Family Health Survey 4, https://www.dhsprogram.com/pubs/pdf/FR339/FR339.pdf
8 The problems with the national family health survey, https://idronline.org/the-problems-with-the-national-family-health-survey-nfhs/
9 Population Projections For India and States 2011-2036, https://web.archive.org/web/20220111204801/https://nhm.gov.in/New_Updates_2018/Report_Population_Projection_2019.pdf
10 Fact checking false rape accusations, https://np.reddit.com/MensLib/comments/r7f3wa/fact_checking_false_rape_accusations_and_why_we/
11 Intimate Partner Violence, Sexual Violence, and Stalking Among Men (Centers For Disease Control and Prevention), https://www.cdc.gov/violenceprevention/intimatepartnerviolence/men-ipvsvandstalking.html
12 Interpreting the DCW report, https://twitter.com/ks_NotANiceGirl/status/1321697641017716737
13 Justice, misuse and proof: Why the legal debate on marital rape is wrongly set up (The News Minute), https://www.thenewsminute.com/article/justice-misuse-and-proof-why-legal-debate-marital-rape-wrongly-set-40468
14 Prevalence and Evolution of Dowry in India (Ideas for India), https://www.ideasforindia.in/topics/social-identity/prevalence-and-evolution-of-dowry-in-india.html
15 Whose Education Matters, analysis of intercaste marriages (Ideas for India), https://www.ideasforindia.in/topics/social-identity/whose-education-matters-an-analysis-of-inter-caste-marriages-in-india.html
16 CSDS Survey, https://lokniti.org/media/upload_files/Lokniti-CSDS%20Youth%20Report%202017.pdf
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