Talk:Marital rape laws by country

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Marital rape

Marital rape are punishable offence 106.208.154.154 (talk) 11:26, 13 May 2022 (UTC)[reply]

Color bias

The colors in the table and map have a bias. Change to neutral colors. 207.172.38.22 (talk) 18:15, 13 December 2022 (UTC)[reply]

China

There are cases in China where marital rape has been criminalized, although the crime generally needs to occur during a period of irregularity in the state of the marriage.^[1] Some reported cases are:

Wang Weiming in 1999: "In general, the husband cannot be the subject of the crime of rape. However, the obligation of conjugal cohabitation is an ethical obligation presumed from the act of voluntary marriage instead of a mandatory obligation under the law... It is not scientific to disregard all marital rape behavior as a crime. For example, in the period when the marriage relationship is not normal, ... it can no longer be presumed that the woman consent to the sexual behavior."Cite error: A <ref> tag is missing the closing </ref> (see the help page).^[2]
Zhao (attempted) in 2021: Article 236 of the Penal Code, which stipulates that "Anyone who rapes a woman by violence, coercion or other means shall be sentenced to imprisonment for a term of not less than three years and not more than ten years", does not exclude "husbands" from being the subject of the crime of rape. Therefore, the husband can become the subject of the crime of rape. When it comes to judicial practice, whether the "marital raping" husband constitute the crime? The key to the implementation of specific behavior when the marital relationship is in a normal state. In the case of normal marital relations, the husband will not become the subject of the crime of rape. If the marital relationship is in an abnormal and unstable situation, it may constitute the crime of rape, such as: the couple's relationship breaks up, the two live apart, one has sued for divorce (including when the prosecution to the court has not been decided or the first-instance verdict has not yet come into effect during the period), the marital relationship is in a non-normal, unstable state; marital relationship which the law prohibits, including the arranged, selling, coerced marriages, or other invalidated situation by law; the husband abets or helps another person to rape his wife and becomes an accomplice in the commission of the rape. ^[3]^[4]

Cases which not recognized as a crime after 1999:

Wu Yuexiong in 2000. ^[5]^[6]

So should I change the note or the status of this country? — 魔琴 (Zauber Violino) [ talk contribs ] 03:58, 11 March 2024 (UTC)[reply]

References

^ 明鹊 (2022-01-17). "婚姻里的另一种"暴力"_澎湃人物_澎湃新闻". The Paper.: "二十几年来，走入司法程序的这类案件并不多。澎湃新闻记者以“婚内强奸”为关键词，在裁判文书网上检索到42份判决书，其中，刑事案件不足五分之一，其余多为关于离婚纠纷的民事案件。在这些刑事案件中，最终被判构成强奸罪的，都是男女双方处于婚姻非正常存续期间，或者未婚同居期间，男方采取暴力、胁迫手段对女方实施强奸。" Translation: Over the past twenty years, not many of these cases came into the judicial process. The Paper reporter used "marital rape" as key words to search in the referee instrument online and retrieved 42 results, less than one-fifth of which are criminal cases, with the rest mostly civil cases about divorce disputes. In the criminal cases which resulted as a crime of rape, the couple is in a period of irregularity in the state of the marriage, or unmarried cohabitation, and the man uses violence or coercion to rape the woman.
^ Shanghai Rule of Law News. "上海一女子结婚2年不同房，丈夫强行后被刑拘". news.ifeng.com (in Chinese). Retrieved 11 March 2024.
^ People's Procuratorate of Cixian County, Hebei Province. "婚内强迫性行为是否构成强奸罪_中华人民共和国最高人民检察院". The Supreme People's Procuratorate of the People's Republic of China. Retrieved 11 March 2024.
^ "丈夫婚内强奸妻子获刑8个月，女性性自主权利不容侵犯_腾讯新闻". new.qq.com. Beijing News.: "刑法第236条规定“以暴力、胁迫或者其他手段强奸妇女的，处三年以上十年以下有期徒刑”，该条款并未把“丈夫”从实施强奸的犯罪主体内排除。因此，丈夫可以成为强奸犯罪的实施主体。<br>具体到司法实践中，“婚内强奸”丈夫是否构成强奸罪，关键看实施具体行为时婚姻关系是否处于正常状态，在婚姻关系正常的情况下，丈夫是不会成为强奸犯罪主体的。若婚姻关系处于不正常、不稳定的情况下，则可能构成强奸罪，如：夫妻感情破裂、双方分居，一方已起诉离婚（包括起诉至法院未判决或一审判决未生效期间），婚姻关系处于非正常的、不稳定状态中；婚姻关系属于法律禁止的包办、买卖婚姻，受胁迫婚姻或法律认定婚姻无效的情形；丈夫教唆或者帮助他人对自己妻子进行强奸，成为实施强奸的共犯。"
^ "四川首例"婚内强奸"案被告无罪释放". news.sina.com.cn.
^ "特写：记者探访四川首例"婚内强奸"案". news.sina.com.cn.

Palestine

The article cites the Criminal Code of 1960. For those who don't know, Palestine in 1960 was under Egyptian and Jordanian occupation. The cited Criminal Code is the one from Jordan, which never controlled Gaza. Could this be fixed? 181.170.247.58 (talk) 19:03, 9 August 2024 (UTC)[reply]

India

Rape by spouse is not recognized as rape in India but this does not mean that forceful sex by spouse goes unpunished in our law. This issue has been recently brought up in the Supreme Court of India where the central government explicitly stated that "It is submitted that the act colloquially referred to as ‘marital rape’ ought to be illegal and criminalised. The Central Government asserts that a woman’s consent is not obliterated by marriage, and its violation should result in penal consequences. However, the consequences of such violations within marriage differ from those outside it. Parliament has provided different remedies, including criminal law provisions, to protect consent within marriage. Sections 354, 354A, 354B, 498A IPC, and the Protection of Women from Domestic Violence Act, 2005, ensure serious penal consequences for such violations" ^[1].

Moreover, the provision of 498A can be invoked by husband if his wife indulges in domestic abuse (or marrital rape in this context) ^[2]. Therefore, I propose that India should be placed in the category of "'Marital rape' legal, but forced marital sex still punishable". KoiRitwikHai (talk) 13:43, 8 October 2024 (UTC)[reply]

@Picantho: @Honzula: @Frost: @Willthorpe: May I get a response this? or should I directly edit the page? --KoiRitwikHai (talk) 18:26, 25 October 2024 (UTC)[reply]

^ Ananthakrishnan G (2024-04-04). "Centre argues against labeling marital rape as 'rape,' says it is 'disproportionate' and 'harsh'". The Indian Express.
^ Apoorva Mandhani (2024-04-04). "Can husband file domestic violence case against wife? Delhi HC to debate law 'limited to women'". The Print.

[1] 明鹊 (2022-01-17). "婚姻里的另一种"暴力"_澎湃人物_澎湃新闻". The Paper.: "二十几年来，走入司法程序的这类案件并不多。澎湃新闻记者以“婚内强奸”为关键词，在裁判文书网上检索到42份判决书，其中，刑事案件不足五分之一，其余多为关于离婚纠纷的民事案件。在这些刑事案件中，最终被判构成强奸罪的，都是男女双方处于婚姻非正常存续期间，或者未婚同居期间，男方采取暴力、胁迫手段对女方实施强奸。" Translation: Over the past twenty years, not many of these cases came into the judicial process. The Paper reporter used "marital rape" as key words to search in the referee instrument online and retrieved 42 results, less than one-fifth of which are criminal cases, with the rest mostly civil cases about divorce disputes. In the criminal cases which resulted as a crime of rape, the couple is in a period of irregularity in the state of the marriage, or unmarried cohabitation, and the man uses violence or coercion to rape the woman.

[2] Shanghai Rule of Law News. "上海一女子结婚2年不同房，丈夫强行后被刑拘". news.ifeng.com (in Chinese). Retrieved 11 March 2024.

[3] People's Procuratorate of Cixian County, Hebei Province. "婚内强迫性行为是否构成强奸罪_中华人民共和国最高人民检察院". The Supreme People's Procuratorate of the People's Republic of China. Retrieved 11 March 2024.

[4] "丈夫婚内强奸妻子获刑8个月，女性性自主权利不容侵犯_腾讯新闻". new.qq.com. Beijing News.: "刑法第236条规定“以暴力、胁迫或者其他手段强奸妇女的，处三年以上十年以下有期徒刑”，该条款并未把“丈夫”从实施强奸的犯罪主体内排除。因此，丈夫可以成为强奸犯罪的实施主体。<br>具体到司法实践中，“婚内强奸”丈夫是否构成强奸罪，关键看实施具体行为时婚姻关系是否处于正常状态，在婚姻关系正常的情况下，丈夫是不会成为强奸犯罪主体的。若婚姻关系处于不正常、不稳定的情况下，则可能构成强奸罪，如：夫妻感情破裂、双方分居，一方已起诉离婚（包括起诉至法院未判决或一审判决未生效期间），婚姻关系处于非正常的、不稳定状态中；婚姻关系属于法律禁止的包办、买卖婚姻，受胁迫婚姻或法律认定婚姻无效的情形；丈夫教唆或者帮助他人对自己妻子进行强奸，成为实施强奸的共犯。"

[5] "四川首例"婚内强奸"案被告无罪释放". news.sina.com.cn.

[6] "特写：记者探访四川首例"婚内强奸"案". news.sina.com.cn.

[7] Ananthakrishnan G (2024-04-04). "Centre argues against labeling marital rape as 'rape,' says it is 'disproportionate' and 'harsh'". The Indian Express.

[8] Apoorva Mandhani (2024-04-04). "Can husband file domestic violence case against wife? Delhi HC to debate law 'limited to women'". The Print.

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