Marital Rape and Constitutional Rights: Exploring theNecessity for Reform in Legal Frameworks
Keywords:
Marital Rape, Constitutional Rights, Bodily Autonomy, Gender Equality, Consent, Criminal Law Reform, Human DignityAbstract
Marital rape, defined as non-consensual sexual activity between spouses, is one of the most contentious and underreported forms of sexual violence in legal systems globally. Despite evolving constitutional jurisprudence that emphasizes individual liberty, dignity, and equality, some legal frameworks maintain marital rape exclusions. This creates a significant disconnect between constitutional aspirations and statutory law. This article examines marital rape through the prism of constitutional rights to determine whether current legal exclusions can withstand constitutional scrutiny and to investigate the need for
reform in contemporary legal frameworks. Employing a doctrinal and analytical research methodology, the study analyzes statutes, court rulings, international human rights treaties, constitutional provisions, and comparative legal frameworks. It critically assesses how marital rape exclusions conflict with core constitutional principles such as equality before the law, non-discrimination, individual liberty, bodily autonomy, privacy, and human dignity. The article also situates the issue within the broader context of international human rights law, specifically obligations arising under treaties, such as the Convention on
the Elimination of All Forms of Discrimination Against Women (CEDAW), which recognize marital violence as a violation of human rights. The analysis reveals that marital rape exclusions stem from antiquated concepts of implied consent and patriarchal control over women’s bodies, which are irreconcilable with modern constitutional ideals. A comparative analysis of countries including Singapore, the United States, and the United Kingdom demonstrates that criminalizing marital rape has
enhanced legal protection for survivors without weakening the institution of marriage. The case studies presented further illustrate how legislative reforms and judicial interventions have progressively recognized consent as fundamental to sexual autonomy, regardless of marital status. The article concludes that the ongoing legal acceptance of marital rape constitutes a constitutional anomaly that weakens the rule of law and perpetuates gender inequality. It is argued that criminalizing marital rape is not merely a matter of policy but a constitutional imperative to guarantee equal protection under the law and the
realization of fundamental rights. The article ultimately advocates for comprehensive legal reform, judicial sensitization, and societal awareness to bring domestic laws into compliance with constitutional obligations and international human rights norms.
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