Rape in marriage not a crime, Indian court rules

[he-man]

Same way as you would do it in an alledged rape case with a not married couple! You search for proves that the woman stated to not want sex or that she was forced to do it. Being married doesn't mean you have the licence to have sex with your wife whenever you want it!

again u have no idea what the rape law states.

the onus of proof lies on the man to prove that he did not rape,,,,,,for woman just a complaint is enough.
u may say i am lying but thats just a fact in india.

and i take huge exception to this,also in married woman's case there may be just consensual sex,how do u say its rape??
its a very confusing topic.

let me enlighten u more.in india rape is defined as

1)actual penetration by penis,hand,finger,leg(basically any body appendage) or an object

penetration just means the touch of labia minora

2)eg-----touching the labia(external part of vagina) with tongue only constitutes rape!!!

now how the hell do u prove this???????

 

[anonymus]

@he-man

See my post #74.

 

[airmarshal]

How is rape even applicable between married couple?

 

[Dubious]

How is rape even applicable between married couple?

In the West we have a concept known as woman rights...where if a woman doesnt feel in the mood and the husband forces himself then its called rape...

How to prove it...man some people dont do their homeworks...just like you prove actual rape...it however does become tough since some in the West make it a "fun" with other stuff but if in a traditional setting where these fetishes arent common, it can be proven like any other form of rape!

 

[he-man]

@he-man

See my post #74.

yup,we are saying the same thing

In the West we have a concept known as woman rights...where if a woman doesnt feel in the mood and the husband forces himself then its called rape...

How to prove it...man some people dont do their homeworks...just like you prove actual rape...it however does become tough since some in the West make it a "fun" with other stuff but if in a traditional setting where these fetishes arent common, it can be proven like any other form of rape!

its impossible to prove a rape from consensual sex if there are no bruises or cuts on woman

 

[Dubious]

its impossible to prove a rape from consensual sex if there are no bruises or cuts on woman

Rape is usually nasty with bruises tearing and other signs...at least that is what medical examiners show...Well if the wife is resisting...there are bound to be clues...

 

[airmarshal]

In the West we have a concept known as woman rights...where if a woman doesnt feel in the mood and the husband forces himself then its called rape...

How to prove it...man some people dont do their homeworks...just like you prove actual rape...it however does become tough since some in the West make it a "fun" with other stuff but if in a traditional setting where these fetishes arent common, it can be proven like any other form of rape!

I understand your point.

In Islamic law, marriage takes precedence. If the woman thinks she is not attracted to them any anymore then she can choose to divorce.

If the woman alleges rape, it means there was no marriage and hence its become a cohabiting not marriage.

 

[foxbat]

in most countries, rape by partner is not recognized. India should pass a law asap to change this.
So should pakistan, am sure you will agree.
Recognition of marital rape in Pakistani law - Wikipedia, the free encyclopedia

black: marital rape is not criminal offense
orange: non criminal domestic offense
others: criminal offense (depending on status)

courts cannot make new laws. Its parliament that makes laws. This is why homosexuality went back to be a criminal behaviour in India.

Are you saying Pakistan does not recognize marital rape? Never could have guessed after reading the comments from Pakistani members here..

But @ topic.. Disgustingly shameful

Rape is usually nasty with bruises tearing and other signs...at least that is what medical examiners show...Well if the wife is resisting...there are bound to be clues...

Not after 6 months

 

[Dubious]

I understand your point.

In Islamic law, marriage takes precedence. If the woman thinks she is not attracted to them any anymore then she can choose to divorce.

If the woman alleges rape, it means there was no marriage and hence its become a cohabiting not marriage.

Well, there is another stance...there are times a wife is not in the mood, she shouldnt be forced when she is forced she can file as rape (Western law and understanding started because of heavy women rights movements)...

In Islam, no where does it say you can force yourself...it says you are their protectors and no protector should cause any harm to the one he is protecting...But this is India we are talking about soo...I wont compare Islam and India...but this was just for your understanding...

 

[he-man]

Rape is usually nasty with bruises tearing and other signs...at least that is what medical examiners show...Well if the wife is resisting...there are bound to be clues...

thats what i am trying to tell u.
if she has no bruises etc ,,,,,,,,,,,,,,,it will be still considered rape if she says so.

leaves a lot of room for tampering

 

[Dubious]

Are you saying Pakistan does not recognize marital rape? Never could have guessed after reading the comments from Pakistani members here..

But @ topic.. Disgustingly shameful

still waiting for source...wiki apparently is some textbook for some!

thats what i am trying to tell u.
if she has no bruises etc ,,,,,,,,,,,,,,,it will be still considered rape if she says so.

leaves a lot of room for tampering

But India doesnt count that....

Not after 6 months

Hence the need to report quickly not when you fight with your spouse!

 

[The SiLent crY]

What does the title mean ?

 

[he-man]

still waiting for source...wiki apparently is some textbook for some!


But India doesnt count that....


Hence the need to report quickly not when you fight with your spouse!

india counts even oral sex as rape(non consensual)....................go and check urself

 

[Dubious]

india counts even oral sex as rape....................go and check urself

hmmm.....well I am out of this thread ...

 

[Manticore]

This ''rape-in-marriage'' issue will be very awkward to sit through -- wife saying ''rape'' husband defending as 'passion' .. and no witnesses

Wouldnt want to be a judge for this case