Marital+Rape

Jennifer Manzo **Marital Rape ** **Definition of Marital Rape ** Mahoney and Williams (1998) define marital rape as “any unwanted sexual penetration…that is the result of actual or threatened physical force or when the woman is unable to give affirmative consent.” Though the term “marital” implies couples who are legally married, some research conducted on marital rape includes cohabiting couples as well as divorced or separated couples (Mahoney & Williams, 1998). According to Yllo (1999), marital rape is not a one-time occurrence, but often occurs throughout the marriage. Bergen and Bukovec (2006) estimate that in the United States, 10 to 14 percent of married women have been raped by their husbands (p. 1375). In several studies described by Martin, Taft, and Resick (2007), the rates of sexual coercion were higher in married women than in unmarried women, and the rates of marital rape were higher than the rates of stranger and acquaintance rape. However, Martin et al. (2007) state that estimating rates of marital rape is difficult because many instances of marital rape go unreported. Women may not recognize it as marital rape but instead as their “wifely duty,” or they may feel too ashamed or afraid to report it (Martin et al., 2007).

Marital rape is examined and defined within three theories: feminist theory, social constructionism, and sex-role socialization (Martin et al., 2007). Under feminist theory, marital rape is defined as a “means of social control and dominance over women through the use of the patriarchal family” (Martin et al., 2007). The term “license to rape” is used frequently within this theory, describing that the “historical context of marriage” allows men to force sex onto their wives without feeling guilt or without worrying about consequences (Martin et al., 2007). Social constructionism defines marital rape as being constructed by those in power. People view marital rape as less violent than other forms of rape, like acquaintance or stranger rape, and believe the psychological and emotional effects of marital rape are less damaging than other forms of rape. Social constructionism attributes these perceptions to the way our culture constructs “marriage, sex, and gender roles” (Martin et al., 2007). Similar to social constructionism is sex-role socialization, which attributes marital rape to gender-role socialization, where men learn to be “dominant, powerful, and sexually aggressive” while women learn to be “passive, submissive, and the sexual gate-keepers” (Martin et al., 2007). Martin et al. (2007) state that individuals with these traditional gender-role stereotypes viewing men as dominant and women as passive are less likely to view husbands forcing sex on their wives as marital rape.

**Marital Rape in the Legal System ** In the past, the legal system did not recognize sex without the wife’s consent as marital rape. The Hale doctrine demonstrates this by stating that “the husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract the wife hath given up herself in this kind unto her husband, which she cannot retract” (Martin et al., 2007). This viewpoint, as far as the legal system is concerned, remained until the 1970s, when feminists “advocated for changes to the legal system” regarding marital rape (Martin et al., 2007).

Martin et al. (2007) identify three types of marital rape laws in the United States, which include absolute exemption, partial exemption, and no exemption. Absolute exemption states that husbands are exempt from marital rape, thus marital rape is legal; partial exemption “allows marital rape in certain cases or only sanctions it when the couple is living apart, legally separated or divorced”; and no exemption states that marital rape is illegal (Martin et al., 2007). Because some states still have marital rape exemptions, marital rape remains a “private trouble rather than a public issue” (Yllo, 1999, p. 1062).

**Characteristics of Marital Rape ** Bergen and Bukovec (2006) define several characteristics of men who rape their wives including “previous histories of sexual victimization, deficient communication skills, and problems with emotional intimacy” (p. 1377). These men often feel they are entitled to sex because they are married, and by forcing sex on their wives, they feel they not only have power and control over their wives but also a “sense of ownership” over them (Bergen & Bukovec, 2006, p. 1377). Male entitlement to sex is prevalent in developing countries as well, with women in South Asia explaining that despite feelings of discomfort, they “had to accept [their] husband’s wishes” (Ganju et al., 2004).

**Perceptions of Marital Rape ** Perceptions of marital rape differ depending on gender. In a study done by Auster and Leone (2001), 63.9 percent of the female participants felt strongly that marital rape and stranger rape should be treated equally as similar crimes, while 44.4 percent of the male participants felt the same way. Ferro, Cermele, and Saltzman (2008) found similar findings, identifying females as more likely than males to view marital rape as no different as stranger rape or acquaintance rape (p. 767). Perceptions of marital rape legislation also vary depending on gender. Auster and Leone (2001) found that 56.6 percent of the women in their study approved of marital rape legislation while only 35 percent of men approved (p. 147).

**Miscommunication and Marital Rape ** Crawford (1995) identifies misunderstood signals between males and females as one of the underlying causes of sexual harassment, acquaintance rape, and marital rape (p. 108). Crawford (1995) explains that marital rape could be viewed as an “extreme example of miscommunication” because our sexual scripts “position men as the aggressors and women as reluctant, passive recipients,” which results in different communication patterns (p. 108). Sexual communication is “indirect, subtle, complex, and shaped by gendered norms,” thus making miscommunication more likely between men and women (Crawford, 1995, p. 108)

**Cultural Practices and Marital Rape ** Archampong and Sampson (2010) recognize that marital rape is, to a certain extent, accepted in Ghana, and this acceptance is “reinforced through cultural practices and customary law that allow for women and girls to be treated as though they are inferior in status to men” (p. 506). Cultural practices such as paying dowry before marrying enforce the idea of women as property; husbands “own” their wives since they “paid” for them through dowry (Archampong & Sampson, 2010, p. 514). Once a woman enters into a marriage, her sexual consent is assumed. Additionally, many younger women are taught by older women to “yield to their husband’s sexual demands at all times” (Archampong & Sampson, 2010, p. 514).

**<span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">References ** <span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">Archampong, E. & Sampson, F. (2010). Marital rape in Ghana: legal options for achieving state <span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">accountability. //Canadian Journal of Women & the Law, 22//(2), 505-534.

<span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">Auster, C. J. & Leone, J. M. (2001). Late adolescents’ perspectives on marital rape: the impact of  <span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">gender and fraternity/sorority membership. //Adolescence, 36//(141), 141-153.

<span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">Bergen, R. K. & Bukovec, Paul. (2006). Men and intimate partner rape characteristics of men <span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">who sexually abuse their partner. //Journal of Interpersonal Violence, 21//(10), 1375-1384.

<span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">Crawford, M. (1995). //Talking difference: On gender and language//. Thousand Oaks, CA: <span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">SAGE Publications Inc.

<span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">Ferro, C., Cermele, J., & Saltzman, A. (2008). Current perceptions of marital rape: some good <span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">and not-so-good news. //Journal of Interpersonal Violence, 23//(6), 764-779.

<span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">Ganju, D., Jejeebhoy, S., Nidadavolu V., Santhya, K. G., Finger, W., Thapa, S.,. . . Warriner, I.  <span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">(2004). //Forced sexual relations among married young women in developing countries.// <span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">Retrieved from http://www.popcouncil.org/pdfs/popsyn/PopulationSynthesis1.pdf

<span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">Mahoney, P., & Williams, L.M. (1998). Sexual assault in marriage: prevalence, consequences, <span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">and treatment of wife rape. In J. L. Jasinski & L. M. William (Eds.), //Partner violence: a// //<span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">comprehensive review of 20 years of research //<span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;"> (pp. 113-162). Thousand Oaks, CA: <span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">SAGE Publications Inc.

<span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">Martin, E.K., Taft, C. T., & Resick, P.A. (2007). A review of marital rape. //Aggression & Violent// //<span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">Behavior, 12 //<span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">(3), 329-347.

<span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">Toles, T. (Cartoonist). (2004). [Cartoon]. Retrieved April 8th, 2011, from: <span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">http://www.washingtonpost.com/wp-srv/opinion/tolesv1.html?name=Toles&date=20040331

<span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">Yllo, K. (1999). Wife rape: a social problem for the 21st century. //Violence Against Women,// //5//(9), <span style="font-family: "Times New Roman","serif"; font-size: 12pt; line-height: 200%;">1059-1064.