stop-violence-against-women-brunei-amendments-may-provide-legal-recourse-for-marital-rape-victims-nov-30-2010

2016 ◽  
Keyword(s):  
Violence Against Women ◽  
Rape Victims ◽  
Marital Rape

scholarly journals Marital Rape: The Long Arch of Sexual Violence Against Women and Girls

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 326-331 ◽  
Author(s):  
Michele Goodwin
Keyword(s):  
Sexual Violence ◽  
Violence Against Women ◽  
Rape Victims ◽  
Marital Rape ◽  
The Public ◽  
Women And Girls ◽  
Severe Degree ◽  
Affirmative Defense

If no permanent injury has been inflicted, nor malice, cruelty nor dangerous violence shown by the husband, it is better to draw the curtain, shut out the public gaze, and leave the parties to forget and forgive.State v. Oliver, 70 N.C. 60, 62 (1874)Prologue: The ContextSadly, sexual violence against women and girls remains deeply entrenched and politicized around the globe. Perhaps no other allegation of crime exposes a woman’s credibility to such intense hostility and imposes the penalties of shame and stigma to a more severe degree than alleging rape. Factors irrelevant to sexual violence, including the victim’s choice of clothing, hairstyle, and time of the attack frequently serve as points of searching inquiry, and scrutiny. Such extraneous points of critique further compound an atmosphere of shaming and stigmatization associated with sexual violence, but are seen as crucial in bolstering an affirmative defense and inevitably building the case against rape victims.

Historical Struggle

2020 ◽  
Author(s):  
Jacqui True
Keyword(s):  
Sexual Abuse ◽  
Violence Against Women ◽  
Marital Rape ◽  
Wife Battering ◽  
Women And Girls

How did VAWG first gain recognition? Violence against women and girls—from marital rape and wife battering to sexual abuse and harassment—has largely been hidden in recorded history, though the problem extends back well beyond our mothers’ and grandmothers’ generations. Similarly, the struggle against this...

scholarly journals Zero-Tolerance Comes to International Law

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 337-341 ◽  
Author(s):  
Aya Gruber
Keyword(s):  
Human Rights ◽  
International Law ◽  
Violence Against Women ◽  
Zero Tolerance ◽  
Theoretical Perspective ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Marital Rape ◽  
International Human Rights ◽  
International Human

It is difficult to engage from a theoretical perspective an advocacy piece that largely reads like a brief in favor of particular claim of law, namely, that a state’s failure to (vigorously) criminalize marital rape violates international human rights law. In a brief, the litigant pulls together various sources to prove the legal claim is correct. Opponents typically respond by cobbling together their own sources to undermine that claim. In their essay, Criminalizing Sexual Violence Against Women in Intimate Relationships, Randall and Venkatesh set out to prove that international human rights law, in fact, requires states to criminalize marital rape. I suspect there are international lawyers who can persuasively argue that international human rights law does not, in fact, require such criminalization.

scholarly journals Discursive Problematisation of Marital Rape from an Intercultural Perspective: An Empirical Analysis

2017 ◽  
Vol 16 (2) ◽  
pp. 1
Author(s):  
Susanne Nef
Keyword(s):  
Social Work ◽  
Empirical Analysis ◽  
Violence Against Women ◽  
Social Problems ◽  
Family System ◽  
Expert Interviews ◽  
Swiss Society ◽  
Marital Rape ◽  
The Family

Violence against women is one of the main social problems worldwide. Marital rape and its recognition are discussed as a new boundary mark because of greater social sensitivity on violence. From an intercultural social work perspective, it is highly relevant to learn more about perceptions of different kinds of violence in order to plan adequate interventions. The article presents findings from expert interviews related to the perception and the intervention structure contextualised by the discourse on marital rape in India. It concludes six main implications for intercultural social work. The main finding (6) states that in all of these settings, the role of the family system should not be underestimated, and whenever possible couple counselling should be considered. Viewed against the background of the highly individualised Swiss society, this is a finding, which needs to be taken into careful account in Swiss intercultural social work.

scholarly journals Rape victims and victimisers in Herbstein's Ama, a Story of the Atlantic Slave Trade

2017 ◽  
Vol 54 (2) ◽  
pp. 100-111
Author(s):  
Oluyomi Oduwobi
Keyword(s):  
Sexual Violence ◽  
Violence Against Women ◽  
Sexual Aggression ◽  
Postcolonial Theory ◽  
Slave Trade ◽  
Literary Discourse ◽  
Slave Narrative ◽  
Rape Victims ◽  
The Past ◽  
Atlantic Slave Trade

This paper examines how Manu Herbstein employs his fictionalised neo-slave narrative entitled Ama, a Story of the Atlantic Slave Trade to address the issue of sexual violence against women and to foreground the trans-Atlantic rape identities of victims and victimisers in relation to race, gender, class and religion. An appraisal of Herbstein's representations within the framework of postcolonial theory reveals how Herbstein deviates from the stereotypical norm of narrating the rape of female captives and slaves during the era of the trans-Atlantic slave trade by creating graphic rape images in his narration. This study therefore shows that a postcolonial reading of Herbstein's novel addresses the representations of rape and male sexual aggression in literary discourse and contributes to the arguments on sexual violence against women from the past to the present.

scholarly journals Considering the Role of the State: Comment on “Criminalizing Sexual Violence Against Women in Intimate Relationships”

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 202-206 ◽  
Author(s):  
Julie Goldscheid
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Sexual Violence ◽  
Violence Against Women ◽  
Intimate Relationships ◽  
International Human Rights Law ◽  
Marital Rape ◽  
International Human Rights ◽  
Role Of The State ◽  
International Human

International human rights frameworks offer powerful support for a range of reforms to address marital rape. Melanie Randall and Vasanthi Venkatesh’s valuable commentary, Criminalizing Sexual Violence against Women in Intimate Relationships, correctly shines a spotlight on the extent to which marital rape is still accepted in too many countries around the world, and calls for its explicit criminalization under international human rights laws. The commentary serves as an important reminder of the challenges and enduring stereotypes that prevent marital rape from being recognized globally as a human rights violation. But the commentary’s focus on criminalization as the fundamental response is unduly limited. While criminalization, whether explicit or implicit, is a core part of states’ obligations under international human rights law, centering criminal justice risks both shortchanging other approaches and obscuring the problems with criminal justice interventions. Although Randall and Venkatesh acknowledge that criminalization is but one element of a broader strategy, this essay urges a broader view. International human rights laws’ due diligence framework requires a range of responses that include the obligation to prevent, protect, and provide redress, along with the obligation to prosecute and punish. Explicitly framing states’ obligations in terms of that more comprehensive approach would reach broadly to address the cultural and social barriers that allow marital rape to continue without sanction.

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