This content was originally posted by: enigmatic_zephy
The court's line of argument is..that recognizing marital rape has practical problems..since in a married relationship u r expected to be having sex...That's what makes me sceptical about marital rape. How is it supposed to be proven? If there was physical abuse then it is easier to determine but then that can be dealt with relevant laws pertaining to physical abuse. Whereas coercion without being physically abusive, how is that supposed to be proven? Won't it become her word vs his word? And can that at all be considered rape?
That's what makes me sceptical about marital rape. How is it supposed to be proven? If there was physical abuse then it is easier to determine but then that can be dealt with relevant laws pertaining to physical abuse. Whereas coercion without being physically abusive, how is that supposed to be proven? Won't it become her word vs his word? And can that at all be considered rape?
If she resisted and the sex was forced, there is usually
some physical evidence supporting forced sex like tearing, bruising.
In the case that Peridot. posted the charge was sodomy. So I think the unnatural sex acts IPC 377 ruled in her favor. That still leaves me skeptical of how courts will treat other instances of marital rape.
This content was originally posted by: Destinyhope0305Ya exactly ! I have even came upon some cases where a woman is asked to sleep with her husband's brother just coz her hubby is infertile! Wht Crap! N family support dis just coz dey want der 'Family name' to be immortal! Nonsense ! I really hate our Indian Laws!
Very true. It is just a custom that has gained social acceptance over time. Does such social acceptance grant a sort of legal sanction to the practice?This content was originally posted by: souro
What has that got to do with Indian laws. Nowhere in Indian law does it say that you can force a woman to sleep with someone else just because the husband is sterile.
i said law coz whenever such cases are in limelight, they r eclipsed just coz our "punishment" laws aint concrete enough! Like for instance Come on u cant ignore a person seducing anyone just coz it isnt in Indian Laws how to treat 'Seducers'!This content was originally posted by: souro
What has that got to do with Indian laws. Nowhere in Indian law does it say that you can force a woman to sleep with someone else just because the husband is sterile.
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