Feminist Theory on Marital Rape

Rape is an issue that feminist across the globe have had their legal, social, and philosophical perspectives on in the past years. For many years, the interpretation of rape as well as the laws pertaining to it has been based on traditional sexist perspectives that define the relations between women and men in the society. In many countries, there is a patriarchal worldview informed by cultural and religious ideologies that maintains that a woman’s legal and social status depends on her relationship with her husband and those unmarried with their brothers or fathers. Consequently, rape is often not the violation of a woman’s rights but the infringement of a man’s rights. When not married a woman belongs to her brothers and father but once married her husband’s possession, especially in terms of exclusive sexual access. For most countries, proving rape based on the sexist outlook in a legal system was difficult. Mandal, (2014) states the two forms of law that included the substantive and the evidence and procedure laws did not support women because they were based on the traditional viewpoint of female and male sexuality.

Pressure from a man and pretending to be unwilling for a woman was considered the norm in sexual intercourse. This perception of sexual intercourse between a couple easily made rape hard to prove. On most occasions, rape required prosecution to show that pressure or force was used and physical resistance took place. A woman had to give evidence accompanied by other sources as evidence to prove rape. In the modern day, feminists have forced change in regulations pertaining rape. According to an article published by Channel NewsAsia (2018) Singapore is one of the countries whose feminists have protested against marital rape. In the nation, the Association of Women for Action and Research (AWARE) has been a strong supporter of the amendment of marital immunity for rape. The organization has been accepted as one that consistently works on improving women’ status through change in policies at the government level. Additionally, the association ensures women are given legal advice especially to those afflicted. The group also raises awareness on gender related issues. The government’s recognition of feminists’ advocacy has shown its lack of tolerance for violence against women even in marriage. Groups of feminists in Singapore maintain that repeal is not enough, as traditions should be changed through public awareness on gender roles. Changing perceptions about gender roles will help do away with harmful gender expectations. Furthermore, AWARE was more particular on the change in offender penalties such as longer sentencing and more caning to deter rapists. The association also supports the rolling out of programs and collaborating with more organizations to increase communication and enhance learning on rape as a way to increase reporting of sexual offences.

In the United States the first mention of marital rape occurred in 1978, a case that changed legal and social attitude towards sexual abuse in marriages. Mandal, (2014) Greta Rideout’s report on sexual abuse from her husband to the Salem Women’s Crisis Service led to a case. Her husband was charged for violating raping his wife. Oregon became among the first three states to revise the common law that exempted husbands from being accused of raping their women. Since the Rideout case, more people paid attention to marital rape because the case received national coverage on television and print media. During the trail, feminist reformers gave their thoughts on the case. Sankaran, & Chng, (2012) state when they were given the opportunity to express their views feminists mentioned topics such as rape and violence in marriage. Some women also presented the argument that women needed protection from men that had married when separated. Feminists also mentioned that women should know they are not property and that they had choices. The choice was to seek legal advice whenever they are raped in their marriages. The first case on marital rape led more women to report sexual assaults in their marriages. For instance, in August 2014, Rayhons Henry, 78 was charged with a sexual assault on his wife. Rayhons was arrested when his daughters reported their concerns on inappropriate sexual contact between Henry and their mother who was suffering from Alzheimer’s disease. In this case, the law defines anyone having sex with a person suffering from mental issues as sexual assault.

In the modern day, more feminist anti-rape activism, literature and policy development has increased. Henderson, (2007) states in the United States that a system to heighten awareness has been created to encourage more women to share their stories about rape in order for this to gain for public attention and view this situation as a social issue. Feminists have also developed practices and procedures with the police to expand lawful definition of rape. On the other hand, the writer mentions that despite working hard towards receiving justice for marital rape and rape cases among women it is important for societies to change the patriarchal structures that promote rape. Rape is not about sexuality but societal structures that promote the vice. It is also important to re-imagine women’s bodies. The writers maintain the re-imagining their bodies as powerful will help women defend themselves when need arises.

Rape is a problem that affects women in different parts of the world. Marital rape was an issue that was never raised due to the perception that women belonged to their husbands and they had authority over the bodies. However, feminists in different parts of the world such as Singapore and the United States brought up the issue demanding justice for women that are raped by their spouses. Activism by feminists has led to changes that have enabled women to receive justice where it was impossible in the past. Law repeal, change in social perceptions has also enabled women to know their worth.