The law criminalizes rape of men or women, including spousal rape, and sets penalties between five and 50 years in prison.
It would appear, however, that to the extent that the marital rape exemption exists, it is confined to circumstances where the spouses are cohabiting and there are no separation proceedings in being, or even, perhaps, in contemplation.
The first attempted prosecution of a husband for the rape of his wife was R v Clarke.
This situation leaves women with very little sexual autonomy.
The logic of the court was that, although the husband did have a 'right' to sex with his wife, he could not use violence to claim it, as Belgian laws did not allow people to obtain their rights by violence.
Retrieved 12 October
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.
In Diana E.
Women's rights in the Arab world".
Predictors and implications for support services.
These types of marriages, especially in southeastern Nigeria, are putting women in more difficult positions:
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Fernando Karadima, the country's
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 recognized by law and society as adult x mas wrong and as a crime.