"Marital Rape"
Marriage, also called matrimony or wedlock is a culturally recognized union between people, called spouses that establishes rights and obligations between them, as well as between them and their children, and between them and their in-laws. Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without that person's consent. According to the dictionary meaning, marital rape is a rape committed by the person to whom the victim is married. Unwanted sexual activities (forced sex, physical, verbal, or mental threat, and manipulative sex) by a spouse without the other person’s consent is marital rape. Marital rape is done using threats, physical, emotional, or mental force. Spousal rape is another common name for marital rape. The lack of consent is the essential element and need not involve physical violence. Marital rape is considered a form of domestic violence and sexual abuse. Although, historically, sexual intercourse within marriage was regarded as a right of spouses, engaging in the act without the spouse's consent is now widely classified as rape by many societies around the world, repudiated by international conventions, and increasingly criminalized.
Turning back the history, the cases of marital rape existed centuries ago but were strongly protested during the second wave of feminism. In the last 2-3 decades, such cases have been brought into legal action. More than 140+ countries have already recognized marital rape as a criminal offense. However, countries like India, Sri Lanka, Myanmar, Laos, Maldives, Bangladesh, Afghanistan, and many other countries in Africa and Asia haven’t criminalized marital rape. Similarly, Malaysia, Singapore, Lebanon do not have a concrete law and are confusing when it comes to marital rape. The issue of marital rape is a new and to a great extent still undigested concept in a patriarchal society like Nepal where marriage is seen as a privilege to have sexual intercourse with one’s wife, with or without consent. According to the NDHS report 2016, 26% of women have ever experienced spousal physical, sexual or emotional violence among which 7% have experienced sexual violence. 34% of women who have experienced spousal physical or sexual violence have sustained injuries while 66% of women experiencing violence have not sought any help. In 2014, a survey was conducted among 362 married women going to the health post for their checkups. Among them, 56.6 percent of women were facing spousal rape on a daily basis or frequently. They were raped by their husbands even during the time of illness, pregnancy, right after delivery, and menstruation. Miscarriage (spontaneous abortion and pregnancy loss), vaginal tears and unwanted pregnancy were some of the staggering consequences of marital rape among those women surveyed. There are far too many unreported cases of spousal rape. Most of them are unaware of this issue. We live in a society where marital rape is okay.
According to the study conducted by the Wellesley Centers for Women, most husband- rapists assaulted their wives to reinforce their power, express anger and control over their wives. The magnitude of rape and its effect does not decrease because a woman is married to the perpetrator as because of the unequal gender relation (reinforced by law) and the concept of the holiness of marriage, a victim of marital rape is very less likely to speak against her husband, or even talk about the violence they suffered from other people. In such a traditional, hegemonic patriarchal society, social stigma and uninformed belief (on the part of both spouses) that forced sexual relation by a husband without the consent of the wife doesn’t constitute violence/rape is the leading factor to such acts. So the lack of legal literacy and information that marital rape is a crime (again because talking about sex is a taboo and a private affair between a married couple) is not only causing rape within marriage to occur without the knowledge of both the husband and/or wife but also preventing the victims from seeking justice and warn the perpetrators. As a result, intimate partner violence (including rape) is prevalent in Nepal.
The landmark decision of the Supreme Court in 2006 recognized that the element of consent is not dismissed by marriage and that any non-consensual sexual relationship amounts to rape. The Criminal Code criminalized marital rape for the first time in Nepal. Although criminalization of marital rape is a turning point from a legislative standpoint, lack of awareness regarding marital rape and societal acceptance of cases of marital rape as normal has been hindering factors. Public education campaigns, strict implementation of laws, television programming on violence prevention in general, dating violence, sexual abuse, and spouse abuse, and school-based programs on conflict mediation, has the potential to convey antiviolence messages.