Marital Rape – Spousal Rape
Essay Preview: Marital Rape – Spousal Rape
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Spousal rape is part of what feminists call an epidemic of rape–date rape, acquaintance rape, random violence rape. Women who lobby to change rape laws do so with the true perception that the vast majority of rape assaults are committed by perpetrators women already know. For this reason, spousal rape is a major concern of feminists and other social reformers. In fact, spousal rape is especially insidious when one considers that the victims continue to live with their attackers.
The definition of rape will be examined so that a clear understanding of past and present law is possible. Next, a discussion of the history of spousal rape as a current issue will show how much of a non-issue is has been for those critical of the entire concept. Finally, a survey of news articles will show the extent to which spousal rape is indeed an important issue, and not what some critics call, “a contradiction in terms.”
Rape can be defined as an act of aggression in which a person is forced to participate in a sexual act against his or her will, or, for various reasons, is not able to give consent. For discussion here, spousal rape will refer to women who are raped by their husbands, because rape victims are generally women. Discussion will include only heterosexual husband and wife relationships, although it should be noted that lesbian and gay partnerships follow the same patterns of abuse as do heterosexual unions. In such relationships, cases of spousal, or “partner,” rape go e
Married women have been raped by their husbands. Shiro and Yllo noted that when talking about a problem of these dimensions, it is no more fair to say that marital rape is always a savage attack than it is to say that it is always a bedroom squabble. We are talking about a spectrum of which both of these are a part. It is apparent from the above argument, as reasonable as it is, that spousal rape cases would be harder to prosecute than general spouse abuse cases, unless the woman could prove battering. Thus, the feminist definition of rape as always a violent act would not hold up to the scrutiny of a conservative, “well-reasoned” argument. However, to water down the definition of rape as a violent act is to risk dismissing it entirely, as the infancy of spouse abuse reform will attest. While police and community attitudes have improved concerning rapes by strangers, there is still little sympathy, understanding, or support available to a woman victimized by her husband. If a conviction for spousal rape does stick, most likely it will be for battering, which may be the only sign of rape.!!