Legal responses to rape in Marriage

Abstract

This dissertation sought to discuss and analyze the issue of rape in marriage. The scope of the study covers marital rape in relation to the Kenyan context and it has been compared with other jurisdictions such as Ghana which is also facing the same problem whereby marital rape has been neglected but is advancing steps to curb its prevalence. It has further been compared with the American jurisdiction and United Kingdom where some states have criminalized marital rape cognizant by law. The main objective of the dissertation is to analyze the limits of conjugal rights granted to a wife and husband. In addition to this, to discuss the rights i.e. the right of equality, freedom and inherent dignity that a woman is entitled to. Lastly, to analyze avenues of protecting women who are abused in their marriage? It’s of criminalizing spousal rape and clarification on whether this practice and manifestation is protected under the freedom from discrimination and right to equality. This is because many women have suffered simply because the silence in the law creates legal impunity for men who sexually assault or rape the women who are their wives or intimate partners. This therefore legitimizes this particular form of violence against women. This is a human rights problem that cries for redress, both legally and socially. Furthermore, an examination on the state‘s failure to criminalize sexual assaults breaches the due diligence standard and fails to comply with the international human rights norms. This evidently outlines that there is a significant gap in the laws around the world that ensure legal impunity for men who sexually abuse their wives, thus it indicates the global scale of the human rights law reform still to be conducted in this field. This research project is therefore, essential to provide guidance and elaborate on the international law to women in certain jurisdictions where marital rape is an unknown crime. The conclusion focuses on the criminalization of rape in marriage and the recommendations which entails some of the responses that should be adopted in order to curb the marital vice. These include both legal and non-legal responses