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Can a Husband be Held Guilty for Raping His Wife?

On Marital Rape.

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Rape is normally considered a crime against honor. In essence, it denotes a forcible sexual intercourse of a man against the will of a woman.It is outrageous highly disregarding the honor and dignity attached to every human being.

The element of force and violence is important to establish the act of raping a woman.  Sexual intercourse by a man to a woman was done by the use of force or intimidation.

However,  there is a question of whether or not a husband can be held guilty of raping his wife? It depends if “marital rape” is part of the penal system of a country. If marital rape is included as punishable, then, definitely, the answer is yes, otherwise , it can’t be punished since there is no law punishing it under the principle “Nullum crimen, nulla puena cine lege”. There is no crime when there is no law punishing it.

In countries where marital rape is covered in the penal code, necessarily a husband can be held liable to that. Being a husband does not give him the license and whims to drag his wife into sexual intercourse any time against the will of the latter.

Husband and wife relationship denotes mutual respect and fidelity to one another. Sexual intercourse among couple is but a privilege of a legally binding relationship based on love and voluntariness  primarily for purposes of procreation and emotional satisfaction. Reason why there should be a wide distinction between sex among men and animals. In the former , reason and emotional satisfaction govern while  in the latter, is purely beastial and  instinctive in character.

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Eventhough sex is considered a basic consequence of marriage among couples,yet, it should not be abused to the extent of losing its original meaning and purpose. It must be done with mutual consent and satisfaction.

In the concept of marriage, husband and wife’s body become one and equally, thereto, is the obligation of the husband to protect the body of the latter as well.

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  1. Hansika

    On November 14, 2009 at 8:58 am


    nice…

  2. lillyrose

    On November 14, 2009 at 10:26 am


    very well put. I liked this article you presented it well and I think rape should be punishable on any level!

  3. willie wondka

    On November 14, 2009 at 2:31 pm


    yes in the eyes of the law if you have sex with someone, whether it be husband or wife, if they say no then its no, if they agree then thats fine, having sex with someone who says no or stop and you carry on regardless, then its rape, thanks for sharing.

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