#MaritalRape Can sex between husband and wife be called as rape ?

 

                                                                  Synopsis

  

 Societal factor in rape: Rape is considered a heinous offence as it involves societal degradation, but when it is sex between husband and wife, whether forced or not, the societal factor does not come into play. That is why forced sex in marriage cannot be considered as rape at all.

  

                            Societal factor in rape

 Can forced sex between husband and wife be considered as rape ?

                            Rape of women is considered as the most heinous of an offence, even more heinous then murder. In the case of rape there might not be any bodily injury that might have occurred, and still it is considered more heinous then the crime of grievous hurt wherein the arms and hands of a person are amputated. The reason is that, rape is considered to have damaged the soul of the person. In the case of grievous hurt, the person might have to physically suffer his whole life with that bodily injury. It cannot be denied that when a person is grievously hurt then also he suffers a mental trauma, it creates a long lasting impact on his soul, especially when he sees his amputee leg and hand, feels difficulty in doing any work, see all his aspirations fading away due to lack of his physical ability imparted due to grievous hurt. In that case also a person goes through a lot of mental trauma, but still offence of rape is considered at higher pedestal, as it is considered that it wrenches the soul of the victim. There must be a reason behind that

            The reason is that in rape it is the soul of the person that is hurt, it is not only the physical injury but the injury to soul that makes the difference.

                        In our society even the consensual sex between an unmarried boy and girl is seen with degradation. Generally a girl hides having sex with any stranger or non-husband, but girl don’t shy about having sex with her husband. If a girl gets pregnant without marriage she feels ashamed in society as it discloses that she had sex with someone, although consensual. But a girl never shy about her potbelly after getting married, even though it discloses that she had  sex with her husband.

                       A girl is never ashamed of disclosing having sex with her husband, but she feel ashamed of disclosing having sex outside of marriage whether consensual.

                        Now why soul of the person gets hurt in rape: Rape is considered heinous, as rape degrades a person in the society and it hurts the reputation of a person in the society. It is the societal factor that plays a role in hurting the soul of a rape victim girl.

   What are the social angle that plays a major role in that.

 A.   It is difficult for a woman to move around in society after being raped.

B.   Society sees that woman with degradation

C.   Chastity of a woman has been considered an important factor

D.   A woman losing her virginity by rape is seen very badly in the society. She loses her reputation being not virgin any longer.

E.    It is difficult for a raped woman to get married as she is seen being degraded.

F.    If a married woman gets raped then she is seen with degradation by her in-laws.

G.   It is difficult for a girl to revel about the forced sex to anyone, even to her parents.

H.   Girl cannot talk openly in the society about getting being raped.

I.      Society talks about that girl in demeaning way behind her back.

J.     A girl has to go through lot of trauma because of this social impact.

K.   A girl may detest having sex with a complete stranger she never wanted to even get her body touched with.

 

  There are many more societal angle that plays important role in wrenching the soul of the victim of rape.

                      If we talk about forced sex between husband and wife, whether forced by husband or wife all these societal considerations are missing. It doesn’t involve social degradation of a person or lose of reputation. Society doesn’t look down on that woman. With these considerations , the sex between husband and wife can never be considered as rape.  

 

    When sex between husband and wife can never be considered as rape, then how valid is the term #MaritalRape and how it can be considered as an offence or rape ?