Consideration of family values in defining marital rape (Unpublished 27 January 2021)
We are compelled to address the polemics on the legal position surrounding the criminality of sexual assault within a marital relationship as well as on the calls for the removal of the exception under Section 375 of the Penal Code, which excludes sexual intercourse by a man with his own wife by a valid marriage from the application of the provision on rape. To preface, we firmly declare that we do not support any form of violence, more so within a familial relationship. We further denounce any call or move to permit the use of violence in any kind of relationships. A paradoxical term The usage of the term ‘marital rape’ to describe sexual intercourse between a husband and wife where there is supposedly ‘absence of the wife’s consent’ is a paradox that propounds many issues. ‘Rape’ is sexual intercourse without consent or against one’s will. ‘Marriage’ on the other hand is a sacred union between consenting adults. Embedded in the general comprehension of these two terms, lie...