Hmm.. If they are too terrified to apply for one, even if there
is a law that criminalise marital rape, they probably be too
terrified to cry rape to, no?
I would agree that an avenue for seeking recourse for actual,
existing victims of injustice is a stronger case than worrying
about non-existing, hypothetical victims of abuse of the law, but
in the end its a matter of weighing the consequences of the
implementation or not of such law. Hmm, but why is
marriage the main factor in the discrepancies of such
laws?
I'm not too sure, but could it be that even though the laws are
of secular nature, it still recognise some elements of
traditional/religious/cultural treatment/practice regarding the
rights of married women?
If not, it doesn't make complete sense that your married status
determines which laws you are governed under.. hmm...
Usually the rape is the straw that breaks the camel's back,
although it must be said that victims only break their silence
after repeated rapes.
But yes. Like you mentioned,
"Hmm, but why is marriage the main factor in the
discrepancies of such laws? it doesn't make complete sense that
your married status determines which laws you are governed
under"
Thats what I wonder too! Why does being married to the rapist
make a victim any less of a victim of a rapist? I think thats a
major point we are in agreement about.
Perhaps the more pratical course of action would be to
make rape a chargable offence even though the accused is married to
the victim.
Would have to point out though, that even implementing that
course of action still results in a similiar consequence as passing
a martial rape law. And I still think the positive consequences far
outweight the negatives.
But I would like to bring one more point back into
consideration. Your spouse is supposed to be someone you trust the
most. Hence that is what makes martial rape a particularly heinous
crime. That the rapist is not some random criminal, but the one
person you probably trust most in life. That alone, might actually
justify an even heavier sentence for a martial rapist,
hence the need for a seperate martial rape
law. What do you think?
