اغتصاب زوجي

هذا المقال هو عن rape within marriage. إذا كنت تريد rape before marriage، انظر Marry-your-rapist law. إذا كنت تريد overlapping (non-marital) phenomena، انظر intimate partner sexual violence.

الجنس والقانون
قضايات اجتماعية
الإنجاب • الأخلاقيات
إباحية • رقابة
Miscegenation (interracial relations)
زواج المثليين • المثلية
حي المتعة
Age of consent • Essentialism
Objectification • Antisexualism
العنف • العبودية
Public morality • Norms
جائم محددة
قد تختلف حسب الاختصاص
زنا • المحارم
Sexting • Seduction
Deviant sexual intercourse
Sodomy • Buggery • Zoophilia
نقل ڤيروس نقص المناعة البشرية الجنائي
تلحنتم • ختان الإناث
تحرش جنسي • Public indecency
UK's Section 63(2008) • Child pornography
اعتداء جنسي • الاغتصاب • Statutory rape
عنف جنسي (ضد الأطفال)
Child grooming • بغاء الأطفال
البغاء والقوادة
بوابات: جنسانية • قانون • عدالة جنائية

الاغتصاب الزوجي هو الجماع الذي يتم بدون رضا أحد الطرفين. عدم الرضا أمر مهم حتى لا يتم اعتبراه عنف جسدي. يعتبر الاغتصاب الزوجي أحد أشكال العنف الأسري والانتهاك الجنسي. برغم أن الجماع اعتبر تاريخيًا أحد الحفوف الزوجية، إلا أن القيام بذلك بدو رضا أحد الاطراف يتم اعتباره في العديد من المجتماعات الآن اغتصاب، وترفضه الاتفاقيات الدولية ، ويزداد تجريمه.

بدأت مسائل العنف الجنسي والأسري داخل إطار الزواج والعائلة، وعلى وجه التحديد مسائل العنف ضد المرأة تجذب الإنتباه العالمي بداية من الجزء الثاني من القرن العشرين. بغم ذلك مازال الاغتصاب الزوجي في العديد من الدول خارج نتاج القانون الجنائي، أو أنه غير قانوني لكن يتم التساهل معه بشكل كبير. غابًا ما يتم تطبيق القانون، ويعود ذلك لعدة أسباب، كإحجام السلطات عن متابعة الجريمة و عدم إدارك العامة بأن الجماع في الزواج بدون رضا أمر غير قانوني.

أكثر من يتعرض للاغتصاب الزوجي هم النساء، لكن ذلك ليس حصرًا عليهم. يعتبر الاغتصاب الزوجي شكل مزمن من أشكال العنف للضحية يقع في ظل العلاقات المؤذية. وهو موجود في شبكة معقدة من حكومات الدول، والممارسات الثقافية، والإيديولوجيات المجتمعية التي تتضافر للتأثير على كل حالة ووضع متميزة بطرق مختلفة. ويعود التردد في تجريم الاغتصاب في إطار الزواج ومحاكمته إلى الأراء التقليدية المتعلقة بالزواج،تفسير المذاهب الدينيةوالأفكار المتعلقة بجنسانية الذكر والأنثى، والتوقعات الثافية المتعلقة بخضوع المرأة لزوجها وكلها أراء منتشرة في عديد من أنحاء العالم، كل لك الأراء المتعلقة بالزواج والجنسانية بتم مواجهتها الآن في معظم الدول الغربية بداية من ستينات القرن العشرين والسبعينات خاصة مع ظهور الموجة النسوية الثانية، مما يؤدي إلى الاعتراف بحق المرأة في تقرير مصير كل الأمور المتعلقة بجسدها، وسحب إعفاء استثناء الاغتصاب الزوجي أو الدفاع عنه.

جرمت معظم الدول الاعتصاب الزوجي بداية من أواخر القرن العشرين، لم يكن يسمح سوى عدد قليل جدا من النظم القانونية بمحاكمة الاغتصاب في إطار الزواج قبل الزواج قبل سبعينات القرن العشرين. وتم تجريم الاغتصاب الزوجي بطرق عديدة منها، إلغاء الاستثناءات القانونية من تعريفات الاغتصاب، والقرارات القضائية، وإالشارة التشريعية الصريحة في القانون التشريعي تمنع استخدام الزواج كدفاع أوخلق جريمة محددة من الاغتصاب الزوجي. في عديد من الدول، ولا يزال من غير الواضح ما إذا كان الاغتصاب في إطار الزواج مشمولا بقوانين الاغتصاب العادية، ولكن في بعض الحالات قد تكون مشمولة بالقوانين العامة التي تحظر العنف مثل قوانين الاعتداء والاعتداء بالضرب.

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 التاريخ

للمزيد من المعلومات: History of rape

تاريخيًا، كان ينظر في العديد من دول العالم للاغتصاب على أنه جريمة أو الضرر في القانون أو سرقة أحد أملاك رجل أخر (عادة ما يكون الزوج أو الأب). في هذه الحالة، تدمير الملكية تعني أن الجريمة لا تعتبر قانونيًا أنه تم إلحاق ضرر بالضحية، ولكن تعني أنه تم إلحاق ضرر بملكية الزوج أو الأب. وبناء على ذلك، وحسب التعريق فلا يمكن أن يغتصب الزوج زوجته. The view that a husband cannot be charged with the rape of his wife was described by Sir Matthew Hale (1609–1676) in History of the Pleas of the Crown, published posthumously in 1736, where he wrote that "The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual consent and contract the wife hath given up herself in this kind unto her husband, which she cannot retract". Also, American and English law subscribed until the 20th century to the system of coverture, that is, a legal doctrine under which, upon marriage, a woman's legal rights were subsumed by those of her husband وصف الرأي القائل بأنه لا يمكن محاكمة الزوج يتمة اغتصاب زوجته ماثيو ويليام (1609-1675) في كتاب . The implication was that once unified by marriage, a spouse could no longer be charged with raping one's spouse, anymore than be charged with raping oneself.

In the US, the wife's legal subordination to her husband was fully ended by the case of Kirchberg v. Feenstra, 450 الولايات المتحدة 455 (1981), a United States Supreme Court case in which the Court held a Louisiana Head and Master law, which gave sole control of marital property to the husband, unconstitutional. Many jurisdictions, including all fifty U.S. states, had criminalized marital rape by the 1990s. English common law also had a great impact on many legal systems of the world through colonialism.

Kersti Yllö states in the prologue of Understanding Marital Rape In a Global Context, "In some cultures, consent is not even something that an individual wife can give. The families that arranged the marriage guarantee her permanent consent." Control over a wife's sexuality was only a part of the greater control that men had in all other areas concerning her. A husband's control over his wife's body could also be seen in the way adultery between a wife and another man was constructed; for example in 1707, English Lord Chief Justice John Holt described the act of a man having sexual relations with another man's wife as "the highest invasion of property". For this reason, in many cultures there was a conflation between the crimes of rape and adultery, since both were seen and understood as a violation of the rights of the husband. Spousal rape was considered a property crime against a husband, not against a woman’s right to self-determination.

The property to be withheld in a female was her virginity; this was the commodity (Bergen, 2016). Following this line of logic, a woman was (and still is in many cultures across the globe) first the property of her father, then, upon marriage, the property of her husband (Bergen, 2016). Therefore, a man could not be prosecuted for raping his own wife because she was his possession (Schelong, 1994). However, if another man raped someone's wife, this was essentially stealing property (a women's sexuality) (Bergen, 2016). In English customs, "bride capture" (a man claiming a woman through rape) was thought to be stealing a father's property by raping his daughter. Therefore, rape laws were created to "…protect the property interests men had in their women, not to protect women themselves" (Schelong, 1994). This concept of women as property permeates current marital rape ideology and laws throughout the globe.

In some cultures, marriage is arranged for the purpose of creating access to procreation (Yllö, 2016). In these situations, the parties do not necessarily consent to marriage (in the case of forced marriage) (Yllö, 2016). Following this logic, if consent is not part of marriage, then it is not necessary for intercourse. The autonomy of the wife is also often compromised in cultures where bride price is paid. Under customary law in certain parts of Africa, forced sex in marriage was not prohibited, although some specific circumstances, such as during advanced pregnancy, immediately after childbirth, during menstruation, or during mourning for a deceased close relative, were recognized as giving the wife the right to refuse sex.

Rape has been, until recent decades, understood as a crime against honor and reputation – not only in domestic legislation, but also in international law; for example according to the Article 27 of the Fourth Geneva Convention, "Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault". It was not until the 1990s that the ICC statute recognized crimes of sexual violence as violent crimes against the person; "Not until the last half century was rape understood to be an offense against the woman, against her dignity, instead of against her family's or her husband's honor".

 Marriage after rape

المقالة الرئيسية: Marry-your-rapist law

انظر أيضاً: Bride kidnapping

In a variety of cultures, marriage after a rape of an unmarried woman has been treated historically as a "resolution" to the rape, that is, a "reparatory marriage". In some countries, the mere offer to marry the person one has raped is sufficient to exonerate the perpetrator from criminal prosecution. Although laws that exonerate the perpetrator if he marries his victim after the rape are often associated with the Middle East, such laws were very common around the world until the second half of the 20th century. For instance, as late as 1997, 14 Latin American countries had such laws, although most of these countries have now abolished them.

Whether women were forced to marry their rapist, or the marriage was concluded before the violence began, many victims remain in chronically violent relationships. While there are many reasons for which victims of marital rape remain in their marriages, one important reason is that divorce may be hard to obtain and/or is stigmatized (Kwiatowski, 70). Cross-culturally, one of the barriers that keep victims within their marriages is the shame and guilt they feel surrounding marital rape (Bergen, 2016), or general taboos around sexuality(Kwiatkowski, 2016) (Torres, 2016). Lastly, some victims do not categorize their abuse as marital rape in order to minimize the violence they endure. This is used as a defense mechanism so they can continue to endure their abuse (Menjívar, 2016).

 In the context of forced and child marriage

Forced marriage and child marriage are prevalent in many parts of the world, especially in parts of Asia and Africa. A forced marriage is a marriage where one or both participants are married without their freely given consent; while a child marriage is a marriage where one or both parties are younger than 18. These types of marriages are associated with a higher rate of domestic violence, including marital rape. These forms of marriage are most common in traditional societies which have no laws against sexual violence in marriage, and where it is also very difficult to leave a marriage. Incidents taking place in some of these countries (such as Yemen) have received international attention. The World Health Organization states, under the rubric "Customary forms of sexual violence", (pp. 156):

"Marriage is often used to legitimize a range of forms of sexual violence against women. The custom of marrying off young children, particularly girls, is found in many parts of the world. This practice – legal in many countries – is a form of sexual violence, since the children involved are unable to give or withhold their consent. The majority of them know little or nothing about sex before they are married."

One type of forced marriages occurs in Guatemala (called robadas) and Mexico (called rapto). Robadas refers to "…abductions, in which women are ‘taken’ during the period of courtship, sometimes semivoluntarily but other times by force, by a suitor who wants to start a marital relationship with them" (Menjívar, 2016). Rapto refers to "…an abduction for sexual or erotic purposes or marriage" (Bovarnik, 2007). Following the abduction, marriage is often encouraged to maintain the family honor (Bovarnik, 2007).

In these types of forced marriages, the marital union begins with the man's intense sense of control over the woman, combined with the understanding that the wife is the possession of her husband (Menjívar, 2016). This foundation of marriage had direct implications for sexual violence within the marriage. In reference to the practice of robadas, Cecilia Menjívar (2016) writes, "…unions that start out from the violent act of a robada can continue to breed violence, abuse, and mistreatment in the union." In addition, women victims of robadas often face embarrassment and blame, despite the act usually being initiated by male perpetrators (Menjívar, 2016). Women are blamed for disobeying their parents or not resisting their abductor strong enough (Menjívar, 2016). This notion of blaming the woman also occurs in reference to rapto in rural Mexico. Silvie Bovarnik (2007) writes, "In many cases, men and women alike look for the fault of responsibility in women's behavior due to traditional conceptualisations of women as ‘pillars of honour.’" Abduction and rape compromises a woman's moral integrity, and therefore her honor (Bovarnik, 2007). Many of these women, who were given little choice in their marriage, are left to live with their abusers.

 Physical and psychological damage

المقالة الرئيسية: Effects and aftermath of rape

Rape by a spouse, partner or ex-partner is more often associated with physical violence. A nine-nation study within the European Union found that current or ex-partners were the perpetrators of around 25% of all sexual assaults, and that violence was more common in assaults by ex-partners (50% of the time) and partners (40%) than in assaults by strangers or recent acquaintances (25%).

Attributing the effects of marital rape in research is problematic as it is nearly impossible to find a large enough sample of spouses to study who have experienced sexual violence but have not also been physically assaulted by their spouse. Marital rape can spread sexually transmitted diseases and HIV, adversely affecting a victim's physical and psychological health. In sub-Saharan countries with very high prevalence rates of HIV, such as Lesotho, instances of multiple partnerships and marital rape exacerbate the spread of HIV.

While rape by a stranger is highly traumatic, it is typically a one-time event and is clearly understood as rape. In the case of rape by a spouse or long term sexual partner, the history of the relationship affects the victim's reactions. There is research showing that marital rape can be more emotionally and physically damaging than rape by a stranger. Marital rape may occur as part of an abusive relationship. Trauma from the rape adds to the effect of other abusive acts or abusive and demeaning talk. Furthermore, marital rape is rarely a one-time event, but a repeated if not frequent occurrence. Whether it takes place once or is part of an established pattern of domestic violence, trauma from rape has serious long term consequences for victims regardless of whether the assault is prosecuted or not.

Unlike other forms of rape, where the victim can remove themselves from the company of the rapist and never interact with them again, in the case of marital rape the victim often has no choice but to continue living with their spouse: in many parts of the world divorce is very difficult to obtain and is also highly stigmatized. The researchers Finkelhor and Yllö remarked in their 1985 metropolitan Boston area study that:

"When a woman is raped by a stranger, she has to live with a frightening memory. When she is raped by her husband, she has to live with the rapist".

 Relation to other forms of marital violence

The historical (and present day in jurisdictions where it still applies) immunity of husbands to have sexual relations with their wives without consent was not the only marital immunity in regard to abuse; immunity from the use of violence was (and still is in some countries) common—in the form of a husband's right to use "moderate chastisement" against a 'disobedient' wife. In the US, many states, especially Southern ones, maintained this immunity until the mid-19th century. For instance, in 1824, in Calvin Bradley v. the State, the Mississippi Supreme Court uphold this right of the husband; ruling as follows:

"Family broils and dissentions cannot be investigated before the tribunals of the country, without casting a shade over the character of those who are unfortunately engaged in the controversy. To screen from public reproach those who may be thus unhappily situated, let the husband be permitted to exercise the right of moderate chastisement, in cases of great emergency, and use salutary restraints in every case of misbehaviour, without being subjected to vexatious prosecutions, resulting in the mutual discredit and shame of all parties concerned."

Although by the late 19th century courts were unanimously agreeing that husbands no longer had the right to inflict "chastisement" on their wives, the public policy was set at ignoring incidents deemed not 'serious enough' for legal intervention. In 1874, the Supreme Court of North Carolina ruled:

"We may assume that the old doctrine, that a husband had a right to whip his wife, provided he used a switch no larger than his thumb, is not law in North Carolina. Indeed, the Courts have advanced from that barbarism until they have reached the position, that the husband has no right to chastise his wife, under any circumstances.

But from motives of public policy,--in order to preserve the sanctity of the domestic circle, the Courts will not listen to trivial complaints.

If no permanent injury has been inflicted, nor malice, cruelty nor dangerous violence shown by the husband, it is better to draw the curtain, shut out the public gaze, and leave the parties to forget and forgive.

No general rule can be applied, but each case must depend upon the circumstances surrounding it."

Today, husbands continue to be immune from prosecution in case of certain forms of physical abuse against their wives in some countries. For instance, in Iraq husbands have a legal right to "punish" their wives. The criminal code states that there is no crime if an act is committed while exercising a legal right. Examples of legal rights include: "The punishment of a wife by her husband, the disciplining by parents and teachers of children under their authority within certain limits prescribed by law or by custom". In 2010, the United Arab Emirates's Supreme Court ruled that a man has the right to physically discipline his wife and children as long as he does not leave physical marks.

 Sustaining factors

 Legal

Legally, governments have direct impact on the occurrence of marital rape. The state "…engages in the definition, monitoring, and sanctioning of appropriate behavior" (Torres, 2016). This can play out in criminalizing or not criminalizing marital rape and therefore deeming what is appropriate. Catharine MacKinnon argues that rape laws in male dominated societies exist to regulate access to women from a male perspective, not to protect women's right to freely decide whether to engage in sexual intercourse or not. Whatever the reason behind such laws, even when state laws have criminalized marital rape, state institutions perpetuate it. For example, although marital rape has been criminalized throughout the United States, the original laws of the 1980s and 1990s treated marital rape differently from non-marital rape, and in some states this continues to be the case even today (see Marital rape (United States law)). As these laws exemplify, marital rape is seen as somehow less reprehensible than rape outside of marriage (Bergen, 2016). Even when marital rape is prosecuted successfully, courts often pass shorter sentences - even if the law itself does not stipulate this - based on the view that sexual violation is less serious if it occurs within marriage. Following this same understanding, British courts often pass lower sentences to marital rape than to other cases of rape because it is believed that it causes less harm to the victim (Mandal, 2014).

Police departments are another state institution that treats domestic violence differently than other forms of violence. Police often label domestic abuse calls as low priority, respond slower, and focus on what provoked the abuse rather than the violent actions of the perpetrator (Schelong, 1994). Also, they often act as mediators in the situation because they may feel that domestic violence is a family matter and therefore not their business (Schelong, 1994).

While government institutional influences are vast, marital rape is often sustained by cultural ideologies. According to Catharine MacKinnon and Andrea Dworkin, the issue of sexual violence, including within marriage, has not been a political spectrum issue - that is a left wing vs. right wing issue - but a general ubiquitous part of the culture, "The Left and the Right have consistently had different positions on rape; but neither has acknowledged rape from the point of view of the women who experienced it.

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 Culturally unrecognizable

For many cultures, ideas of marital rape seem often foreign imposed and contradict the belief that such matters should be dealt with privately rather than by the government (Smith, 2016). In other instances, notably in the country of India, members of the government have spoken publicly that marital rape cannot be recognized in their culture. The Indian Minister of State for Home Affairs, Haribhai Parthibhai Chaudhary, stated in April 2015, "The concept of marital rape, as understood internationally, cannot be suitably applied in the Indian context due to various factors, including levels of education, illiteracy, poverty, myriad social customs and values, religious beliefs, [and] the mindset of the society to treat the marriage as sacrament" (Torres, 2016). For many other countries, the concept of marital rape is itself an oxymoron (Smith, 2016). Women in these cultures largely "…share the cultural logic that marital rape is a contradiction in terms…" while men simultaneously "…see women's sexual consent in marriage as taken for granted…" and therefore "…reject the very concept of marital rape" (Smith, 2016).

The act of imposing sexual intercourse against the will of the wife is often not identified as morally wrong, and so it is difficult to attempt to stop the practice, "Often, men who coerce a spouse into a sexual act believe their actions are legitimate because they are married to the woman." (WHO, pp. 149). This idea that sexual intercourse in marriage is 'legitimate' and so it cannot be illegal even when forced, is in some parts of the world fueled by the custom of bride price: its paying is seen as earning the man the right to sexual and reproductive control of his wife. UN Women recommended the abolition of giving bride price, and stated that: "Legislation should [...] State that a perpetrator of domestic violence, including marital rape, cannot use the fact that he paid bride price as a defense to a domestic violence charge. (pp. 25) "

Young women from various settings in South Asia explained in surveys that even if they felt discomfort and didn't want to have sex, they accepted their husbands' wishes and submitted, fearing that otherwise they would be beaten. In many developing countries it is believed—by both men and women—that a husband is entitled to sex any time he demands it, and that if his wife refuses him, he has the right to use force. These women, most of them either illiterate or very poorly educated, are married at very young ages (in Bangladesh, for example, according to statistics from 2005, 45% of women then aged between 25–29 had been married by the age of 15), and depend on their husbands for their entire life. This situation leaves women with very little sexual autonomy. The notion that women are sexually autonomous and therefore have the ability to give or retract consent is not universally understood. Gabriella Torres writes, "The degree to which women and men view themselves as unique social beings with a full ability to make choices and suffer consequences varies by culture" (Torres, 2016). As a result, in cultures where women are not considered autonomous, they are not in a position to refuse sex: they have to choose between unwanted sex and being subjected to violence; or between unwanted sex and being abandoned by their husbands and ending up living in abject poverty.

According to Sheila Jeffreys, in Western countries, "sexual liberation" ideologies have aggravated the problem of male sexual entitlement, leading to women submitting to unwanted sex not only due to physical force or illegal threat, but due to societal pressure: "The force which has operated on them [women] all their lives and continues to operate on them within marriages and relationships remains largely invisible. [...] Such forces include the massive industry of sexology, sex therapy, sex advice literature, all of which make women feel guilty and inadequate for any unwillingness to fulfill a man's sexual desires."

The prohibition of rape serves other purposes, such as protection of the rights of male relatives or husband, enforcing of religious laws against sex outside of marriage, or preservation of a woman's respect and reputation in society. Under such ideologies it is difficult to accept the concept of marital rape. Richard A. Posner writes that, "Traditionally, rape was the offense of depriving a father or husband of a valuable asset — his wife's chastity or his daughter's virginity". In many countries of the world, including Morocco, Algeria, Tunisia, Jordan, the severity of the legal punishment for rape depends on whether the victim was a virgin. Rhonda Copleon writes that, "Where rape is treated as a crime against honor, the honor of women is called into question and virginity or chastity is often a precondition."

 The way marriages are arranged

In many cultures, marriages are still arranged for the purpose of procreation, property, and consolidation of extended family relations, often including a bride price or a dowry. In such situations, marriages are pre-arranged as an affair between families and clans. In some cultures, refusal of an arranged marriage is often a cause of an honor killing, because the family which has prearranged the marriage risks disgrace if the marriage does not proceed. Although laws that prohibiting dowries exist in many countries, men continue to demand a dowry in exchange for marriage, especially in rural areas where law enforcement is weak. In Bangladesh, dowry demand at marriage is linked to increased sexual violence. A woman attempting to obtain a divorce or separation without the consent of the husband/extended family can also be a trigger for honor killings. In cultures where marriages are arranged and goods are often exchanged between families, a woman's desire to seek a divorce is often viewed as an insult to the men who negotiated the deal.

However, the fact that people in developing countries are increasingly selecting marriage partners by whether they are in love – a much more Western world view – does not necessarily improve the situation. These types of marriages, especially in southeastern Nigeria, are putting women in more difficult positions: if one chooses to marry based on love against their family's wishes, admitting violence in the relationship is a disgrace because it means admitting that one made the wrong judgement (Smith, 2016).

 Religion

 Christianity

Most of the Western World has been strongly influenced by Judeo-Christian Bible. The paradisaical narrative of man and woman in Genesis establishes a foundation of marriage:

“So God created man in His own image; in the image of God He created him; male and female He created them.” “Therefore, a man shall leave his father and mother and be joined to his wife, and they shall become one flesh.

This doctrine is repeated in the Gospel by Jesus, but with the added conclusion “so then they are no longer two, but one flesh". The same doctrine is continued in the Epistles in the writings of the Apostle Paul.

It is further explicated by the Apostle Paul, who asserts that neither spouse should deny their partner sex:

“The wife does not have authority over her own body, but the husband does. And likewise the husband does not have authority over his own body, but the wife does. Do not deprive one another except with consent for a time, that you may give yourselves to fasting and prayer; and come together again.

On the standing of each party to determine how this biblical principle—denial of conjugal relations—was to be effected was codified as an ecclesiastical canon in 280 A.D. by St. Dionysian of Alexandria: "Persons who are self-sufficient and married ought to be judges of themselves." The canon was given ecumenical application by the Sixth Ecumenical Council in 691 A.D. Ecclesiastical canons continued to adjudicate marital issues well into the modern era until all but entirely superseded by the civil courts.

The Christian religion teaches that pre-marital sex is fornication, and sexual relations by a married person with someone other than his or her spouse is adultery, both of which are sins, while sex within marriage is a duty. This concept of 'conjugal sexual rights' has the purpose to prevent sin (in the form of adultery and temptation) as well as to enable procreation.

The above is interpreted by some religious figures as to render marital rape an impossibility. However, not all religious figures hold this view.

Further, Pentecostal Christianity prescribes gender expectations for married individuals that "…reestablish a patriarchal bargain…" in which "…women acquiesce to men's authority in return for certain kinds of support" (Smith, 2016). Husbands are expected to provide for the family, and in return, wives are to submit to their husband's authority (Smith, 2016). Ultimately, this "…strengthens some of the gender dynamics that make intimate partner violence possible in the first place" (Smith, 2016).

By contrast, Pope Paul VI in his 1968 encyclical letter Humanae vitae wrote that "Men rightly observe that a conjugal act imposed on one's partner without regard to his or her condition or personal and reasonable wishes in the matter, is no true act of love, and therefore offends the moral order in its particular application to the intimate relationship of husband and wife." This teaching, which has been reaffirmed more recently by Pope Francis, and has been interpreted by Bertrand de Margerie to condemn "intra-marital rape", and the use of force in marriage more generally.

 Islam

للمزيد من المعلومات: Rape in Islamic law

 Gender expectations

للمزيد من المعلومات: Gender roles

Another sustaining factor is the obligatory roles placed on wives and what they come to understand as their "duty". For example, "Vietnamese women are expected to sacrifice for their families, especially for their children, which includes, for some, acceding to husbands’ sexual demands" (Kwiatkowski, 2016). Their "duty" is to maintain family harmony and happiness (Kwiatkowski, 2016). In Guatemala, violence within marriage is so normalized that wives come to believe that this is ‘the way things are’ and it is simply their role as a wife to endure the violence (Menjívar, 2016). This "…normalization of violence…rests on a continuum of coercive power that makes possible the mistreatment of women not only in their homes but also in the community, neighborhood, and society at large" (Menjívar, 2016). Further, because many of these women believe giving sex is their duty, they do not characterize their experience as marital rape (Bergen, 2016). However, "…women who have experienced forced sex in marriage understand this experience as an abuse or violation", they just may not characterize it as marital rape (Torres, 2016). Violence is so entrenched in many cultures it simply becomes a way of life, and wives are left to believe they must learn to endure it (Menjívar, 2016).

On the other hand, husbands are influenced by the expectations of their masculinity. In Africa, these expectations include being a husband, father, and head of the household which requires men to provide food, shelter and protection (Smith, 2016). Along with this "…obligation of being the provider comes the privilege and authority of patriarchy" (Smith, 2016). As a result, it is often the man's perception that his wife has challenged his authority that leads to the violence (Smith, 2016).

In the United States, masculinity is understood as a fixed entity that exists despite the changes of everyday life (Connell, 45). It is understood as being in comparison to femininity, and more specifically, in opposition to femininity: Masculinity is to superiority as femininity is to subservience (Connell). Therefore, masculinity is correlated with aggression in such a way that scholars argue violence is a way for men to show their masculine identity (Umberson et al., 2003). Another expectation of masculinity is that men are not to show their emotion (Umberson et al., 2003). Instead, as Robert Connell argues, the "masculine prototype" is a strong and stoic man who appears to remain in control of the situation and his emotions (Umberson et al., 2003). This sense of control in Western masculinity has direct implications for domestic violence. Scholars argue that some men use violence to regain this sense of control when it is lost (Umberson et al., 2003).

However, not all men who subscribe to masculinity expectations are violent. In fact, most men, in general, are not violent (Umberson et al., 2003). For those who are violent, ideals of masculinity seem to play some causal role in their violence. Research shows that "violence is more likely among men who experience a disconnection between their personal circumstances and their emotions" (Umberson et al., 2003). Evidently, there seems to be some connection between the masculine expectation of suppressing or disconnecting from one's emotions, and one's tendency to be violent (Umberson et al., 2003).

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 Legislation by country

المقالة الرئيسية: Marital rape laws by country

Marital rape legislation by country

Country	Criminalised	Notes
أفغانستان	لا	The EVAW law criminalizes 22 acts of violence against women, including rape, battery, or beating; forced marriage; humiliation; intimidation; and deprivation of inheritance. Under the law rape does not include spousal rape.
ألبانيا	نعم	The Criminal Code was amended in 2012 and 2013 to criminalise marital rape.
الجزائر	لا	The law criminalizes rape but does not address spousal rape.(p.6)
أندورا	نعم	Spousal rape can be punished by up to 15 years imprisonment.
أنگولا	نعم	Rape, including spousal rape, is illegal and punishable by up to eight years’ imprisonment.
أنتيگا وبربودا	لا	The Sexual Offences Act, 1995, includes in the definition of rape: "with a female person who is not his wife".
الأرجنتين	نعم	Rape of men and women, including spousal rape, can be punished by imprisonment from six months to up to 20 years.
أرمنيا	نعم	Rape is a criminal offense, and conviction carries a maximum sentence of 15 years; general rape statutes applied to the prosecution of spousal rape.
أستراليا	نعم	In 1990, the Criminal Law Act was amended to abolish the exemption from punishment in cases where a husband raped his wife. The government enforced the law effectively. The laws of individual states and territories provide the penalties for rape.
النمسا	نعم	Spousal rape can be punished by up to 15 years imprisonment.
أذربيجان	نعم	Spousal rape is illegal, but observers stated police did not effectively investigate such claims.
البهاماز	لا	Rape of men or women is illegal, but the law does not protect against spousal rape, except if the couple is separated or in the process of divorce, or if there is a restraining order in place.
البحرين	لا	Rape is illegal, although the criminal code allows an alleged rapist to marry his victim to avoid punishment. The law does not address spousal rape.
بنگلادش	لا	The law prohibits rape of a female by a male and physical spousal abuse, but the law excludes marital rape if the female is above 13.
بربادوس	لا	There are legal protections against spousal rape for women holding a court-issued divorce decree, separation order, or non-molestation order.
بلاروس	نعم	As of 2018.
بلجيكا	نعم	Marital rape was criminalised by court decision in 1979. The criminal code was amended in 1989 to treat marital rape the same as other forms of rape.
بليز	نعم	The criminal code criminalizes rape of men or women, including spousal rape. The code states that a person convicted of rape shall be sentenced to imprisonment for eight years to life.
بنين	نعم	The law explicitly prohibits spousal rape and provides the maximum penalty of 5 years imprisonment for conviction of raping a domestic partner.
بوتان	نعم	Spousal rape is illegal and prosecuted as a misdemeanor.
بوليڤيا	نعم	In 2013 the government passed the Law Guaranteeing Women a Life Free from Violence, it included the repeal of the marital rape exemption in the Penal Code.
البوسنة والهرسك	نعم	The maximum penalty for rape, regardless of gender, including spousal rape, is 15 years in prison. The failure of police to treat spousal rape as a serious offense inhibited the effective enforcement of the law.
بتسوانا	لا	The law criminalizes rape but does not recognize spousal rape as a crime.
البرازيل	نعم	The law criminalizes rape of men or women, including spousal rape.
بروناي	لا	The law does not criminalize spousal rape and explicitly states that sexual intercourse by a man with his wife is not rape, as long as she is not younger than 14 years (15 years if she is ethnic Chinese).
بلغاريا	نعم	The law criminalizes rape, and authorities generally enforced its provisions when violations came to their attention. Sentences for rape convictions range up 20 years in prison. While authorities could prosecute spousal rape under the general rape statute, they rarely did so.
بوركينا فاسو	نعم	As of 2018.
بوروندي	نعم	The law prohibits rape, including spousal rape, with penalties of up to 30 years’ imprisonment. The government did not enforce the law uniformly, and rape and other domestic and sexual violence continued to be serious problems.
الكاميرون	نعم	As of 2018
كندا	نعم	The law criminalizes rape of men or women, including spousal rape, as sexual assault, and the government enforced the law effectively.
كمبوديا	نعم	Spousal rape is not specifically mentioned in the penal code, but the underlying conduct can be prosecuted as “rape,” “causing injury,” or “indecent assault.” Charges for spousal rape under the penal code and the domestic violence law were rare.
الرأس الأخضر	نعم	Spousal rape is implicitly covered by the 2001 gender-based violence law; penalties for conviction range from one to five years’ imprisonment.
جمهورية أفريقيا الوسطى	لا	As of 2018.
تشاد	نعم	As of 2018.
تشيلي	نعم	The law criminalises rape of men or women, including spousal rape. Penalties for rape range from five to 15 years’ imprisonment.
الصين	لا	The law does not safeguard same-sex couples or victims of marital rape.
كولومبيا	نعم	Although prohibited by law, rape, including spousal rape, remained a serious problem.
جزر القمر	نعم	As of 2018.
الكونغو	لا	As of 2017, there were no specific provisions in the law outlawing spousal battery other than general statutes prohibiting assault. Rape is illegal, but the government did not effectively enforce the law, and women's rights groups have reported that spousal rape was common.
الكونغو الديمقراطية	لا	The legal definition of rape does not include spousal rape.
كوستاريكا	نعم	The law criminalizes rape of men or women, including spousal rape and domestic violence, and provides penalties from 10 to 18 years in prison for rape. The judicial branch generally enforced the law.
كرواتيا	نعم	Conviction of rape, including spousal rape, is punishable by up to 15 years imprisonment.
كوبا	نعم	The law specifically criminalizes rape of women, including spousal rape, and separately criminalizes “lascivious abuse” against both genders. The government enforced both laws. Penalties for rape are at least four years’ imprisonment.
قبرص	نعم	The law criminalizes rape, including spousal rape, with a maximum sentence of life in prison for violations. The government enforced the law effectively. Spousal rape is also criminalzed in the area administered by Turkish Cypriots (Turkish Republic of Northern Cyprus).
التشيك	نعم	The law prohibits rape, including spousal rape, and provides a penalty of two to 15 years in prison for violations.
الدنمارك	نعم	The law criminalizes rape against women or men (the statute is gender neutral), including spousal rape, and domestic violence. Penalties for rape include imprisonment for up to 12 years.
جيبوتي	نعم	As of 2018.
دومنيكا	نعم	The Sexual Offences (Amendment) Act 2016 repealed the previous "marital exclusions" of the rape law and introduced a specific marital rape section [s3 (3)] to the Sexual Offences Act.
جمهورية الدومنيكان	نعم	The law criminalizes rape of men or women, including spousal rape, and other forms of violence against women, such as incest and sexual aggression. The sentences for conviction of rape range from 10 to 15 years in prison and a fine of 100,000 to 200,000 pesos.
تيمور الشرقية	نعم	Although rape, including marital rape, is a crime punishable by up to 20 years in prison, failures to investigate or prosecute cases of alleged rape and sexual abuse were common.
الإكوادور	نعم	The law criminalizes rape of men or women, including spousal rape and domestic violence. Rape is punishable with penalties of up to 22 years in prison.
مصر	لا	The law prohibits rape, prescribing criminal penalties of 15 to 25 years’ imprisonment, or life imprisonment for cases of rape involving armed abduction. Spousal rape is not illegal, based on a 1928 Court of Cassation ruling that "a wife cannot withhold sex from her husband without a valid reason according to sharia".
السلڤادور	Unclear	Marital rape is not specifically addressed by statue. The World Bank's 2018 " "Women, Business and the Law" report states that the country's general rape laws apply to marital rape. The 2017 El Salvador Country Report on Human Rights Practices suggests this is only at a judge's discretion. An earlier (2011) report, the "UN Womens Justice Report" states there are no laws covering marital rape.
غينيا الإستوائية	نعم	As of 2018.
إرتريا	لا	As of 2018.
إستونيا	نعم	The law criminalizes rape, including spousal rape, and physical abuse, including domestic violence. The penalty for rape, including spousal rape, is imprisonment for up to 15 years.
إسواتيني	نعم
إثيوپيا	لا	As of 2018.
فيجي	نعم	Rape (including spousal rape), domestic abuse, incest, and indecent assault were significant problems; there was a large increase in the reported number of rape cases this year, due at least in part to greater awareness that a spouse can be charged with rape of his/her partner. The law provides for a maximum punishment of life imprisonment for rape. The law recognizes spousal rape as a specific offense.
فنلندا	نعم	The law criminalizes rape, including spousal rape, and the government enforced the law effectively. Rape is punishable by up to four years’ imprisonment. If the offender used violence, the offense is considered aggravated, and the penalty may be more severe.
فرنسا	نعم	The law criminalizes rape, including spousal rape, and domestic violence, and the government generally enforced the law effectively. The penalty for rape is 15 years’ imprisonment, which may be increased. The government and NGOs provided shelters, counseling, and hotlines for rape survivors.
الگابون	نعم	As of 2018
گامبيا	لا	Spousal rape is not illegal and was widespread;, police generally considered it a domestic issue outside its jurisdiction.
جورجيا	نعم	As of 2018.
ألمانيا	نعم	The law criminalizes rape, including spousal rape, and provides penalties of up to 15 years in prison.
غانا	نعم	As of 2018
اليونان	نعم	Rape, including spousal rape, is a crime punishable by penalties ranging from five to 20 years’ imprisonment.
گرينادا	نعم	Marital rape was criminalized in a 2012 amendment to the Criminal Code.
گواتيمالا	نعم	The law criminalizes rape of men or women, including spousal rape, and sets penalties between five and 50 years in prison. Police had minimal training or capacity to investigate sexual crimes or assist survivors of such crimes, and the government did not enforce the law effectively.
غينيا	نعم	As of 2018.
غينيا-بيساو	نعم	The law prohibits rape, including spousal rape, and provides penalties for conviction of two to 12 years in prison; however, the government did not effectively enforce the law.
گويانا	نعم	Marital rape was criminalised by the Sexual Offenses Act 2010.
هايتي	لا	While the law prohibits rape of men or women, it does not recognize spousal rape as a crime.
هندوراس	نعم	The law criminalizes all forms of rape of men or women, including spousal rape, but unlike other rapes is not a "public crime" and thereby requires the survivors to complain for prosecution to occur.
هونگ كونگ	نعم	As of 2018.
المجر	نعم	Rape of men or women, including spousal rape, is illegal.
آيسلندا	نعم	As of 2018.
الهند	لا	انظر أيضاً: Rape in India § Marital rape, and Violence against women in India § Marital rape The law criminalizes rape in most cases, although marital rape is not illegal when the woman is over the age of 18. However, until 2017, men married to those between 15 and 18 could not be convicted of rape. Marital rape of an adult wife, who is unofficially or officially separated, is a criminal offence punishable by 2 to 7 year in prison; it is not dealt by normal rape laws which stipulate the possibility of a death sentence. According to the Protection of Women From Domestic Violence Act (2005), other married women subject to "sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman” by their husband may demand for financial compensation including regular allowances and child custody. They also have the right to continue to live in their marital household if they wish, or may approach shelter or aid homes. However, marital rape is still not a criminal offence in this case and is only a misdemeanour.
إندونيسيا	نعم	Marital rape is not a specific criminal offense under the penal code, but it is covered under “forced sexual intercourse” in national legislation on domestic violence, and it can be punished with criminal penalties.
إيران	لا	Rape is illegal and subject to strict penalties, including death, but it remained a problem. The law considers sex within marriage consensual by definition and, therefore, does not address spousal rape, including in cases of forced marriage.
العراق	لا	The law criminalizes rape (but not spousal rape) and permits a maximum sentence of life imprisonment if the victim dies. The law allows authorities to drop a rape case if the perpetrator marries the victim.
أيرلندا	نعم	The law criminalizes rape, including spousal rape, and the government enforced the law. Most persons convicted received prison sentences of five to 12 years.
إسرائيل	نعم	Rape, including spousal rape, is a felony punishable by 16 years in prison, or up to 20 years’ imprisonment for rape under aggravated circumstances or if the perpetrator rapes or commits a sexual offense against a relative. The government effectively enforced rape laws.
إيطاليا	نعم	The prescribed penalty for rape, including spousal rape, is five to 12 years in prison.
ساحل العاج	نعم	As of 2018.
جامايكا	لا	The law criminalizes spousal rape only when spouses have separated or begun proceedings to dissolve the marriage; when the husband is under a court order not to molest or cohabit with his wife; or when the husband knows he suffers from a sexually transmitted infection.
اليابان	نعم	The law criminalizes all forms of rape involving force against women. The law does not deny spousal rape, but no court has ever ruled on such a case, except in situations of marital breakdown (i.e., formal or informal separation, etc.).
الأردن	لا	The law stipulates a sentence of at least 10 years of imprisonment with hard labor for the rape of a girl or woman 15 years of age or older. Spousal rape is not illegal.
قزخستان	نعم	The law criminalizes rape. The punishment for rape, including spousal rape, ranges from three to 15 years’ imprisonment. There were reports of police and judicial reluctance to act on reports of rape, particularly in spousal rape cases.
كنيا	نعم	The law criminalizes rape, defilement, sexual violence within marriage, but enforcement remained limited.
كيريباس	نعم	Rape, including spousal rape, is a crime, with a maximum penalty of life in prison, but sentences typically were much shorter.
كوسوڤو	نعم	As of 2018.
كوريا الشمالية	لا	As of 2018.
كوريا الجنوبية	نعم	Although no specific statute defines spousal rape as illegal, the Supreme Court acknowledged marital rape as illegal. The penalty for rape ranges from a minimum of three years’ to life imprisonment depending on the specific circumstances.
الكويت	لا	Rape carries a maximum penalty of death, which the courts occasionally imposed for the crime; spousal rape and domestic violence are not considered crimes.
قيرغيزستان	نعم	Rape, including spousal rape, is illegal, but the government failed to enforce the law effectively. Police generally regarded spousal rape as an administrative, rather than a criminal, offense.
لاوس	لا	Domestic violence is illegal, but there is no law against marital rape, and domestic violence often went unreported due to social stigma.
لاتڤيا	نعم	Spousal rape is explicitly considered rape with “aggravated circumstances.”
لبنان	قالب:Yes-no	Article 503 of the Penal Code defines rape as “forced sexual intercourse [against someone] who is not his wife by violence or threat.” In May 2014 the Protection of Women and Other Family Members from Domestic Violence Law added new offences of the use of threats or violence to claim a “marital right to intercourse.”
لسوتو	نعم	The law criminalizes the rape of women or men, including spousal rape, and domestic violence. Rape convictions carry a minimum sentence of 10 years’ imprisonment.
ليبريا	نعم	As of 2018.
ليبيا	لا	The law criminalizes rape but does not address spousal rape. By law a convicted rapist may avoid a 25-year prison sentence by marrying the survivor, regardless of her wishes—provided her family consents.
ليختنشتاين	نعم	Rape, including spousal rape, is a criminal offense. Penalties for rape and sexual violence vary between one and 15 years’ imprisonment, depending on the degree of violence and humiliation of the victim, and between 10 years’ and lifetime imprisonment if the victim is killed.
لتوانيا	نعم	Rape and domestic violence are criminal offenses, and although no law specifically criminalises spousal rape, a wife can file a complaint against her husband for rape or sexual assault under Article 149 of the Criminal Code.
لوكسمبورگ	نعم	The law prohibits rape, including spousal rape, and the government enforced the law effectively. Penalties for violations range from five to 10 years’ imprisonment.
مدغشقر	نعم	As of 2018.
ملاوي	نعم	The Marriage, Divorce, and Family Relations Act enacted in 2015 explicitly introduces the concept of spousal rape, but the act does not prescribe specific penalties and applies only to legally separated spouses. Spousal rape may be prosecuted under the rape provisions of the penal code.
ماليزيا	قالب:Yes-no	The concept of rape within marriage is not recognised. However, if a man "uses harm or the threat of violence to obtain sex from his wife, or any other person", he may be imprisoned up to five years if convicted according to Section 375A of the Penal Code (adopted on 7 September 2007).
المالديڤ	لا	The Sexual Offences Act (Act 17/2014) excludes marital rape, except in very narrow circumstances such as the couple are legally separated or one has a STI.
مالي	نعم	No law specifically prohibits spousal rape, but law enforcement officials stated criminal laws against rape apply to spousal rape.
مالطا	نعم	Rape, including, spousal rape, carries a sentence of up to nine years in prison with increased penalties in aggravated circumstances.
جزر مارشال	نعم	The law criminalizes rape, including spousal rape, and establishes penalties of up to 25 years’ imprisonment for first-degree sexual assault.
موريتانيا	نعم	Rape, including spousal rape, is illegal. Rapists who are single men face penalties of forced labor and whipping, and married rapists are subject to the death penalty.
موريشيوس	نعم	Amendments to the Protection from Domestic Violence Act (PDVA) came into force in September 2016. The amendments redefine the term “spouse” to include unmarried couples of the opposite sex; redefine “domestic violence” to include verbal, psychological, economic, and sexual abuses. Although the amendments do not mention spousal rape, section 2.d. stipulates that a spouse cannot force or threaten the other partner into a sexual act “from which the spouse or the other person has the right to abstain.”
المكسيك	نعم	Federal law criminalizes rape of men or women, including spousal rape, and conviction carries penalties of up to 20 years’ imprisonment. Twenty-four states have laws criminalizing spousal rape.
ميكرونزيا	لا	As of 2018.
مولدوڤا	نعم	The law criminalizes rape or forcible sexual assault and establishes penalties for violations ranging from three years to life in prison. The law also criminalizes spousal rape.
موناكو	نعم	Rape, including spousal rape, is a criminal offense with penalties of five, 10, and up to 20 years in prison, depending on the type of offense.
منغوليا	نعم	The criminal code outlaws sexual intercourse through physical violence, or threat of violence, and provides for sentences of one to 20 years’ imprisonment or life imprisonment, depending on the circumstances. Under the new criminal code, spousal rape was criminalized.
الجبل الأسود	نعم	In most cases the penalty provided by law for rape, including spousal rape, is one to 10 years in prison. In practice, the average conviction resulted in 3 years.
المغرب	لا	Spousal rape is not a crime. "Hakkaoui Law" (named after Minister for Family Affairs and Women's Issues, Bassima Hakkaoui, criminalising violence against women has came into force in September 2018 but failed to address marital rape.
موزمبيق	نعم	The law criminalizes rape, including spousal rape, and domestic violence. Penalties for conviction range from two to eight years’ imprisonment if the victim is 12 years of age or older and 20 to 24 years’ imprisonment if the victim is under 12.
ميانمار	لا	Spousal rape is not a crime unless the wife is younger than 13 years.
ناميبيا	نعم	The law criminalizes rape of men and women, including spousal rape. By law rape is defined as the commitment of any sexual act under coercive circumstances. The courts tried numerous cases of rape during the year, and the government generally enforced court sentences providing between five and 45 years’ imprisonment for those convicted.
ناورو	نعم	Rape is a crime and carries a maximum penalty of 25 years’ imprisonment. The 2016 Crimes Act specifically applies penalties for rape of married and de facto partners.
نيپال	نعم	Section 219 (4) of the 2017 Criminal Code Bill states, “If a man rapes his wife when he is still in marital relationship with her, he shall be sentenced to up to five years in jail.”. Marital rape was also criminalised under the previous Criminal Code.
هولندا	نعم	The law in all parts of the kingdom criminalizes rape, including spousal rape, and domestic violence. The penalty is imprisonment not exceeding 12 years, a fine not exceeding 78 thousand euros ($93,600), or both. In case of violence against a spouse, the penalty for various forms of abuse can be increased by one-third.
نيوزيلندا	نعم	The law criminalizes rape, including spousal rape. The maximum penalty is 20 years’ imprisonment.
نيكاراگوا	نعم	The law criminalizes all forms of rape of men or women, regardless of the relationship between the victim and the accused. Sentences for those convicted of rape range from eight to 12 years’ imprisonment.
النيجر	نعم	As of 2018.
نيجريا	لا	As of 2018.
شمال مقدونيا	نعم	The penalties for rape, including spousal rape, range from one to 15 years’ imprisonment.
النرويج	نعم	The law criminalizes rape, including spousal rape, and the government generally enforced the law. The penalty for rape is up to 21 years in prison, depending on the severity of the assault, the age of the victim, and the circumstances in which the crime occurred.
عُمان	لا	The law criminalizes rape with penalties of up to 15 years in prison but does not criminalize spousal rape.
پاكستان	Unclear	The Offence of Zina (Enforcement of Hudood) Ordinance, 1979 included in its definition of rape "to whom he or she is not validly married". This ordinance was repealed by the Protection of Women (Criminal Laws Amendment) Act, 2006 and rape was now defined in Section 375 of the Penal Code. The new definition did not include a reference to marriage. It was argued that the intent was to include marital rape in the offence. However, as of February 2015, there were no reports of a case being brought before a superior court to clarify the law.
پالاو	نعم	Rape, including spousal rape, is a crime punishable by a maximum 25 years’ imprisonment, a fine of $50,000 (national currency is U.S. dollar), or both.
فلسطين	لا	As of 2018
پنما	نعم	The law criminalizes rape of men or women, including spousal rape, with prison terms of five to 10 years.
پاپوا غينيا الجديدة	نعم	Rape, including spousal rape, is a crime punishable by imprisonment ranging from 15 years to life. The legal system allows village chiefs to negotiate the payment of compensation in lieu of trials for rapists.
پاراگواي	نعم	The law criminalizes rape of men or women, including spousal rape, and provides penalties of up to 10 years in prison for rape or sexual assault.
پيرو	نعم	The law criminalizes rape of men or women, including spousal rape, with penalties of six to eight years in prison.
الفلپين	نعم	Rape, including spousal rape, is illegal, with penalties ranging from 12 to 40 years’ imprisonment. An anti-rape law covering marital rape was passed in 1997.
پولندا	نعم	Rape, including spousal rape, is illegal and punishable by up to 12 years in prison.
الپرتغال	نعم	The law makes rape, including spousal rape, illegal, with a penalty of three to 10 years’ imprisonment.
پيرو	نعم
قطر	نعم	The law criminalizes rape. Spousal rape is not explicitly criminalized, but a woman may file a complaint. The penalty for rape is life imprisonment, regardless of the age or gender of the victim.
رومانيا	نعم	Rape, including spousal rape, is illegal. The law provides for three to 10 years’ imprisonment for rape and two to seven years’ imprisonment for sexual assault.
روسيا	نعم	As of 2018.
رواندا	نعم	The law criminalizes rape of men and women and spousal rape, and the government handled rape cases as a judicial priority. Penalties for conviction of spousal rape range from two months’ to life imprisonment with fines of 100,000 to 300,000 Rwandan francs.
سانت كيتس ونڤيس	نعم
سانت لوشيا	لا	The law criminalizes spousal rape only when a couple is divorced or separated or when there is a protection order from the Family Court.
سانت ڤنسنت والگرنادينز	نعم	Rape, including spousal rape, is illegal, and the government generally enforced the law when victims came forward. Sentences for rape begin at 10 years’ imprisonment.
ساموا	نعم	As of 2018.
سان مارينو	نعم	Rape, including spousal rape, is a criminal offense, and the government effectively prosecuted persons accused of such crimes. The penalty for rape is two to six years in prison.
ساو تومه وپرنسيپه	نعم	Rape, including spousal rape, is illegal and punishable by two to 12 years’ imprisonment.
السعودية	لا	Rape is a criminal offense under sharia with a wide range of penalties from flogging to execution. The law does not recognize spousal rape as a crime.
السنغال	نعم	As of 2018.
صربيا	نعم	Rape, including spousal rape, is punishable by up to 40 years in prison. The government did not enforce the law effectively.
سيشل	نعم	Rape, spousal rape, and domestic abuse are criminal offenses for which conviction is punishable by a maximum of 20 years’ imprisonment. Nevertheless, rape was a problem, and the government did not enforce the law effectively.
سيراليون	نعم	The law criminalizes rape for which conviction is punishable by between five and 15 years’ imprisonment. Rape was common and viewed more as a societal norm than a criminal problem. The law specifically prohibits spousal rape.
سنغافورة	قالب:Yes-no	انظر أيضاً: Marital rape immunity in Singapore Spousal rape is generally not a crime, but husbands who force their wives to have intercourse may be prosecuted for other offenses, such as assault. Spousal rape is a criminal offense when the couple is separated, subject to an interim divorce order that has not become final, or subject to a written separation agreement, as well as when a court has issued a protection order against the husband.
سلوڤاكيا	نعم	The law prohibits rape and sexual violence, which carry a penalty of five to 25 years in prison. The law does not specifically define spousal rape, but the criminal code covers spousal rape and spousal sexual violence under the crime of rape and sexual violence.
سلوڤنيا	نعم	Rape, including spousal rape and domestic violence, is illegal. Sexual violence is a criminal offense carrying a penalty from six months’ to eight years’ imprisonment. The penalty for rape is one to 10 years in prison. Police actively investigated accusations of rape and prosecuted offenders.
جزر سولومون	نعم	The law criminalizes rape, including spousal rape, with a maximum penalty of life imprisonment.
الصومال	نعم	There are no federal laws against spousal violence, including rape, although in May 2016, the Council of Ministers approved a national gender policy that gives the government the right to sue anyone convicted of committing gender-based violence, such as the killing or rape of a woman.
جنوب أفريقيا	نعم	Rape, including spousal rape, is illegal and remained a serious and pervasive problem. The minimum sentence for rape is 10 years in prison for the first offense.
جنوب السودان	لا	The law defines sexual intercourse within marriage as “not rape.”
إسپانيا	نعم	The law prohibits rape, including spousal rape, and the government generally enforced the law effectively. The penalty for rape is six to 12 years in prison.
سريلانكا	لا	The law only prohibits spousal rape if the spouses are legally separated.
السودان	نعم	In February 2015, an amendment to Article 149 of the Criminal Code changed the definition of rape. Under the new definition of rape, rape victim could no longer be prosecuted for adultery. Although there is no specific prohibition of marital rape, the amendment makes it possible to prosecute marital rape.
سورينام	نعم	The law criminalizes rape of women, including spousal rape, and prescribes penalties for rape or forcible sexual assault of between 12 and 15 years’ imprisonment, and fines up to 100,000 Surinamese dollars.
السويد	نعم	Rape, including spousal rape and domestic violence, are illegal, and the government enforced the law effectively. Penalties range from two to 10 years in prison.
سويسرا	نعم	Rape, including spousal rape, and domestic violence, are statutory offenses for which penalties range from one to 10 years in prison. The government effectively prosecuted individuals accused of such crimes.
سوريا	لا	Rape is a felony, subject to punishment by at least 15 years in prison, but the government did not enforce the law. The law further stipulates that if the rapist marries the victim, the rapist receives no punishment. The victim's family sometimes agreed to this arrangement to avoid the social stigma attached to rape. There are no laws against spousal rape.
تايوان	نعم	The law criminalizes rape, including spousal rape, and domestic violence.
طاجيكستان	لا	Marital rape is not recognised as a criminal offence.
تنزانيا	قالب:Yes-no	The law provides for life imprisonment for persons convicted of rape, including spousal rape during periods of legal separation.
تايلند	نعم	Rape is illegal, although the government did not always enforce the law effectively. The law permits authorities to prosecute spousal rape, and prosecutions occurred. The law specifies penalties for conviction of rape or forcible sexual assault ranging from four years’ imprisonment to the death penalty as well as fines.
توگو	نعم	The law criminalizes rape, but if reported, the law was often not enforced effectively by authorities. The law provides for five to 10 years’ imprisonment for conviction of rape and a fine of two million to 10 million CFA francs. Conviction of spousal rape is punishable by up to 720 hours of community service and a fine of 200,000 to one million CFA francs.
تونگا	نعم	Rape is punishable by a maximum of 15 years in prison. The law recognizes spousal rape.
ترنيداد وتوباگو	نعم	Rape of men or women, including spousal rape, is illegal and punishable by up to life imprisonment, but the courts often imposed considerably shorter sentences.
تونس	نعم	Prior to June 2017, marital rape was not considered a crime. Although Article 227 of the Penal Code does not exclude marital rape from its provisions, Article 23 of the Personal Status Code mandated partners in marriage to “fulfil their conjugal duties according to practice and customs,” On June 27, 2017, the Tunisian Parliament unanimously passed a comprehensive law addressing all forms of gender-based violence, including physical, economic, and social violence. The provisions of this law include marital rape.
تركيا	نعم	The law prohibits sexual assault, including rape and spousal rape, with penalties of two to 10 years’ imprisonment for conviction of attempted sexual violation and at least 12 years’ imprisonment for conviction of rape or sexual violation.
تركمنستان	نعم	Marital rape is illegal and punishable by sentences ranging from 3 to 25 years imprisonment.
توڤالو	لا	Rape is a crime punishable by a minimum sentence of five years’ imprisonment, but spousal rape is not included in the legal definition of this offense.
أوغندا	نعم	As of 2018.
أوكرانيا	نعم	The law prohibits rape of men or women but does not explicitly address spousal rape or domestic violence. The courts may use a law against “forced sex with a materially dependent person” as grounds to prosecute spousal rape.
الإمارات العربية المتحدة	لا	The penal code does not address spousal rape. In October the Dubai Court of First Instance sentenced a policeman to six months in jail for raping his fiancée. The defendant argued that he considered the two married at the time of the offense.
المملكة المتحدة	نعم	The law criminalizes rape, spousal rape, and domestic violence. The maximum legal penalty for rape is life imprisonment. The law also provides for injunctive relief, personal protection orders, and protective exclusion orders (similar to restraining orders) for female victims of violence.
الولايات المتحدة	نعم	المقالة الرئيسية: Marital rape (United States law) Marital rape is illegal in all 50 US states.
أوروگواي	نعم	The law criminalizes rape of men or women, including spousal rape, and domestic violence. The law allows for sentences of two to 12 years’ imprisonment for a person found guilty of rape, and authorities effectively enforced the law.
اوزبكستان	نعم	Rape, including marital rape, is prohibited, however the courts did not try any rape cases as of 2017, according to human rights activists.
ڤانواتو	قالب:Yes-no	The law does not specifically criminalize spousal rape, but it can be prosecuted under related statutes that cover assault and domestic violence. Police, however, were frequently reluctant to intervene in what they considered domestic matters.
ڤنزويلا	نعم	The law criminalizes rape of men or women, including spousal rape, making it punishable by a prison term of eight to 14 years.
ڤيتنام	نعم	The Law criminalizes rape, including spousal rape, for men and women. The law subjects rapists to two to seven years’ imprisonment, or up to 15 years in severe cases.
اليمن	لا	The law criminalizes rape, but it does not criminalize spousal rape because the law states a woman may not refuse sexual relations with her husband.
زامبيا	نعم	The 2010 Anti-Gender-based Violence Act criminalizes spousal rape.
زيمبابوي	نعم	While the law criminalizes sexual offenses, including rape and spousal rape, these crimes remained widespread problems. Spousal rape received less attention than physical violence against women.

 See also

• Outline of domestic violence
• Criticism of marriage
• Implied consent
• Maouloud Baby v. State of Maryland, court case having to do with the withdrawing of sexual consent
• Marital rape in India
• National Clearinghouse on Marital and Date Rape
• Sexual violence by intimate partners
• Types of rape
• Victimology
• Women Against Rape

 المصادر

 Bibliography

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• Bergen, Raquel Kennedy. "An Overview of Marital Rape Research in the United States: Limitations and Implications for Cross-Cultural Research." Marital Rape: Consent, Marriage and Social Change in Global Context. Ed. Kersti Yllö, M.G. Torres. London: Oxford University Press, 2016. 17–26. Print.
• Bovarnik, Silvie. (2007). Universal Human Rights and Non-Western Normative Systems: A comparative Analysis of Violence against Women in Mexico and Pakistan. Review of International Studies, 33(1), 59–74.
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• Gan, K., Sex a conjugal right, on the site of Malaysiakini. Article dated September 2004. (Retrieved April 20, 2005. Original link is dead, substitute link is to the Internet Archive, and is dated October 12, 2004.)
• Kwiatkowski, Lynn. "Marital Sexual Violence, Structural Vulnerability, and Misplaced Responsibility in Northern Việt Nam." Marital Rape: Consent, Marriage and Social Change in Global Context. Ed. Kersti Yllö, M.G. Torres. London: Oxford University Press, 2016. 55–73. Print.
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• Torres, G. "Reconciling Cultural Difference in the Study of Marital Rape." Marital Rape: Consent, Marriage and Social Change in Global Context. Ed. Kersti Yllö, M.G. Torres. London: Oxford University Press, 2016. 7-16. Print.

Torres, G., Yllö, K. (2016). Marital Rape: Consent, Marriage and Social Change in Global Context. Torres, G., Yllö, K. (Ed.). London: Oxford University Press. Umberson, D., Anderson, K.L., Williams, K., Chen, M.D. (2003). Relationship dynamics, emotion state, and domestic violence: A stress and masculinities perspective. Journal of Marriage and Family, 65(1), 233–247.

• General Assembly resolution 48/104 of 20, Declaration on the Elimination of Violence against Women, on the site of the Office of the United Nations High Commissioner for Human Rights, December 1993. (Retrieved April 20, 2005.)
• —, Marital Rape, on the site of Abuse Counseling and Treatment, Inc. (Retrieved February 8, 2005.)
• Dalal, Manish; Kumar, Raj (2020). Marital Rape: The Indian and Global Perspective (first ed.). Shandilya Publication, Delhi. ISBN 978-9388147408.
• Hidden Hurt

Waterman, C.K., Dawson, L.T., Bologna, M.J. (1989). Sexual coercion in gay male and lesbian relationships: Predictors and implications for support services. The Journal of Sex Research, 26(1), 118–124. World Health Organization (WHO). (2005). Multi-country Study of Women's Health and Domestic Violence against Women. Geneva, Switzerland: World Health Organization. Yllö, Kersti. "Prologue: Understanding Marital Rape in Global Context." Marital Rape: Consent, Marriage and Social Change in Global Context. Ed. Kersti Yllö, M.G. Torres. London: Oxford University Press, 2016. 1–6. Print.

 External links

• For a brief overview view of partner rape, see STAR Library - Marital Rape
• Minnesota Advocates for Human Rights, Marital and Intimate Partner Sexual Assault, Stop Violence Against Women.
• Aphrodite Wounded: Partner Rape Facts, Survivor Support and Educational Resources
• Real Rape, Real Pain: Help for Women Sexually Assaulted by Male Partners Patricia L. Easteal, Louise McOrmond-Plummer
• [3] Raped by a Partner Research Report 2008 and [4] Partner Rape Educational DVD 2009 produced by Women's Health Goulburn North East.
• Analytical study of the results of the Fourth Round of Monitoring the Implementation of Recommendation Rec(2002)5 on the Protection of Women against Violence in Council of Europe member states (results for 2013)