Criminalisation of marital rape in India: a medico-legal analysis

Marital rape is described as undesired intercourse between a man and his wife acquired by force, coercion, threats of force, physical assault, or when she is incompetent to consent. Marriages with marital rape have considerably more significant rates of sexual aggression, marital discomfort and reduced marital quality and satisfaction. Many marital rape victims are either incapable or scared to oppose their spouses' sexual violence. Victims of marital rape have post-traumatic stress disorder, anxiety, depression, gynaecologic disorder, and terrible physical health impacts. Thus, this paper investigates the laws governing rape in India, with a focus on the status of marital rape, the acknowledgement of marital rape as a crime and an analysis of the perspective of society and judiciary toward marital rape while highlighting the medical consequences faced by the survivors of the marital rape.

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Publication Details

Journal
International Journal of Public Law and Policy
Published
2025-01-01
DOI
https://doi.org/10.1504/ijplap.2025.147232
Primary Topic
Sexual Assault and Victimization Studies
Type
article
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article

Criminalisation of marital rape in India: a medico-legal analysis

S M Aamir Ali, Anuttama Ghose
International Journal of Public Law and Policy
Sexual Assault and Victimization Studies
article

Criminalisation of marital rape in India: a medico-legal analysis

S M Aamir Ali, Anuttama Ghose
article en

Abstract

Marital rape is described as undesired intercourse between a man and his wife acquired by force, coercion, threats of force, physical assault, or when she is incompetent to consent. Marriages with marital rape have considerably more significant rates of sexual aggression, marital discomfort and reduced marital quality and satisfaction. Many marital rape victims are either incapable or scared to oppose their spouses' sexual violence. Victims of marital rape have post-traumatic stress disorder, anxiety, depression, gynaecologic disorder, and terrible physical health impacts. Thus, this paper investigates the laws governing rape in India, with a focus on the status of marital rape, the acknowledgement of marital rape as a crime and an analysis of the perspective of society and judiciary toward marital rape while highlighting the medical consequences faced by the survivors of the marital rape.

International Journal of Public Law and PolicyVol. 11(3)
Symbiosis International University (IN), MIT World Peace University (IN)
Gender equality
Openalex Percentile: Top 77%
Sexual Assault and Victimization Studies
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Criminalisation of marital rape in India: a medico-legal analysis — S M Aamir Ali, Anuttama Ghose · International Journal of Public Law and Policy (2025) | TGRS Research Map | TGRS