A critical analysis of the concept of marital rape

Abstract

The purpose of the research is to critically analyze the concept of marital rape, particularly in developing countries that have not yet adopted the concept as a crime in their criminal justice system. The research focuses on looking at the factors that influence marital rape and why many legal systems refuse to adopt it till this day. It further goes on to look at what rights women have been afforded in the various legal systems. This research was purely literature based; analysing various views on marital rape by critics, academics, scholars, etc. I have analysed both local and international literature in the form of textbooks, journals and reports from both organisations and independent authors.It was clear during my research that while parts of the international community is slowly coming to terms with adopting the concept of marital rape, Many developing countries still refuse to criminalise the concept. One of the reasons for this is the cultural norms of the community influenced by the patriarchal society; and the other is the lack of faith in the justice system of the victims.