McKenzie Alexander

The issue at hand is whether marital rape should be in the same category as non-marital

rape. When the term category is used, it refers to the amount of punishment one is subjectable to

if charged with the crime of rape or marital rape. Should the punishments be the same? That is

the question. Due to the fact that this is a topic that is not brought up much at all, there are not

many people who have formed an opinion on the topic.

The differences in an individuals stance on the matter depends on many factors; Is he or

she married? Are women or men viewed as property? If married, does ones spouse have a right

to their spouses body without consent? The list goes on. To rape someone is to force them to

have sex with you.1 There is no clarification of gender because both genders can be victims of

rape, there is no clarification of situation which means if a spouse forces his/her spouse into a

sexual activity that was not consented to it is rape. Since there are no specificities pertaining to

the definition of rape, any type of rape should be prosecuted in the same way.

In reality, regardless of opinions, it is illegal in Australia, Ireland, Canada, England,

Germany, France, and Italy. It is a crime in many places but was not deemed illegal until 1993,

there was talk of having a law against it in the 1970s but it was not passed until 1993. A quote

from a criminal defense lawyer goes as follows; By 1993, largely in response to the womens

rights and equality movement, every state and the District of Columbia had passed laws against

marital rape. However, it is often still more difficult for a spouse-victim to prove that she didnt

consent to her husband than it would be to prove non-consent with a stranger.2 It has only been

1 "rape - Dictionary Definition : Vocabulary.com." https://www.vocabulary.com/dictionary/rape. Accessed

24 Jan. 2017.
2 "Marital / Spousal Rape Laws and Penalties | Criminal Law."
http://www.criminaldefenselawyer.com/marital-rape-laws.html. Accessed 6 Feb. 2017.
illegal for twenty four years. While it has been illegal for twenty four years, marriage has been

legal for as long as most people can remember.

Many issues arise when talking about marital rape due to high divorce and separation

rates. The couple becomes a statistic and many men/women are actually terrified to end a

marriage because they fear their partner, family or the views of others. In college now, there are

so many seminars on rape, sexual assault, alcohol abuse, along with other things. Not one

generation has been taught about marital rape. Approximately every generation is has been

taught about STD/STIs, prohibition, and drug abuse. The reason marital rape is a topic that is

swept under the rug is because there are no individuals who want to address it. Neither high

schoolers or college students are taught that it is illegal or that there is even a law against it.

Ultimately, there is a lack of knowledge on the topic of marital rape. Students do not learn about

it, it is not advertised as a crime, there is no acknowledgement of the issue. A solution to this

would be to put up flyers like there are for drinking and drug abuse on college campuses. It could

be incorporated in the curriculum for sexual health in grade schools. Education on the topic is

key.