Marital rape is not a criminal offence in Kenya. This thesis argues that criminalization of marital rape in Kenya is a necessary but insufficient means of addressing marital rape. I shall analyze the Kenyan legal framework and the international framework. The analysis of the international framework shall be focused on the Convention on the Elimination of all forms of Discrimination against Women (CEDAW). I shall undertake a comparative analysis of how South Africa and Zimbabwe have addressed marital rape. I will examine the benefits and limitations of criminal law in addressing marital rape. I will argue that an examination of the wrongful gender stereotypes of married women is essential to create effective and holistic remedies; that wrongful gender stereotypes of married women violate their rights to equality and non-discrimination and the right to be free from violence.

Marital rape is not a criminal offence in Kenya. This thesis argues that criminalization of marital rape in Kenya is a necessary but insufficient means of addressing marital rape. I shall analyze the Kenyan legal framework and the international framework. The analysis of the international framework shall be focused on the Convention on the Elimination of all forms of Discrimination against Women (CEDAW). I shall undertake a comparative analysis of how South Africa and Zimbabwe have addressed marital rape. I will examine the benefits and limitations of criminal law in addressing marital rape. I will argue that an examination of the wrongful gender stereotypes of married women is essential to create effective and holistic remedies; that wrongful gender stereotypes of married women violate their rights to equality and non-discrimination and the right to be free from violence.

This study proposes that the root cause of violence against women, which includes marital rape, is gender discrimination. The primary objective of the author is to establish the role of the law in confronting marital rape in Ghana. It seeks to determine what the status of women is in Ghana and how this intersects with the legal framework on marital rape to either exacerbate their vulnerability to this crime or ameliorate it. This study also investigates how international, regional and domestic human rights laws can be used to address discrimination against women to solve the problem of marital rape. Finally, this study seeks to determine how the impact of the law can be maximised by highlighting some of the main challenges posed to its implementation and then proposing possible solutions to such challenges. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of EY Benneh, Faculty of Law, University of Ghana, Legon. / Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2009. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

“Does marital rape exist?” Gelles (1987) asked this question in the early days when the judicial system started grappling with the matter. Prior to this legal debate, the sexual conduct of the husband towards his wife had not been treated as a crime, no matter how violent it could be. As Peacock states “the antiquated laws exempted a husband from charges of raping his wife” (1998: 226). However, the Rideout case in 1978 (cf. Russell 1982) brought much needed awareness to the issue of marital rape, thereby enabling all sectors of the social structure to publicly debate the merits and demerits of the spousal exemption law. Ever since then, many scholars in the legal, sociological, psychological and other sectors have produced well-researched documents that answer Gelles‟ question beyond doubt that marital rape does exist. 'Spousal exemption'1 came under rigorous revision in many countries as scholars and feminist organizations started to ask questions about this violation of the rights of women. Having said that, one may wonder what purpose this research study will then serve. The author would like to make it clear that the question was asked in the Western context. For the West, it has been a clearly defined matter that marital rape is a criminal offence. However, the question still needs to be asked in the African context. This study has been undertaken to explore the painful and traumatic experiences of Indigenous African (Black) married women who experience repeated sexual violence from their husbands. In the cause of the author's work as a minister in the Black Pentecostal church, I have come across women who have challenged my pastoral care praxis with their selfless giving to the church and community yet they have to live with terrible pain, shame and degradation in their homes because of the way their husbands treat them sexually. These women bear their lot with such courage and they have made me feel that we as ministers are not doing enough to lighten their burden. This study seeks to present the African community with well-researched evidence that African women are also crying out for liberation from the pain of marital rape. This study echoes Gelles' question ”does marital rape exist?” from an African pastoral perspective. Copyright / Dissertation (MA(Theol))--University of Pretoria, 2013. / Practical Theology / unrestricted

This exploratory study examined risk factors for sexual coercion using data provided by 87 couples that were screened to participate in a couples treatment program for domestic violence. Risk factors examined included: level of alcohol use, anger, beliefs about wife beating, jealousy, dominance, depression, physical and psychological violence. Overall, 46.9% of the women reported that their partners were sexually coercive. Slightly over 46% of the women whose partners were severely violent reported that they also were sexually coercive and slightly less than 46% of the women whose partners engaged in minor aggression reported that their partners were sexually coercive. Almost 23% of the female participants reported that their partners raped them during the past year. Furthermore, results from correlational analyses indicate that level of male physical violence and male beliefs about wife beating are risk factors for sexual coercion within the context of a violent relationship. Level of alcohol use, anger, male depression, jealousy, dominance and psychological violence do not appear to be risk factors. These results have implications for further understanding and treatment of sexually coercive male batterers. / Master of Science

The Rideout trial in 1978 was the first case in the United States in which a wife charged her husband with rape while the couple was still living together. This thesis furthers research in the area of marital rape by examining the press coverage through textual analysis. The scope of the research is limited to newspaper coverage (local and national) and the subsequent made-for-television movie based on the trial. As a case study, the Rideout trial illustrates how the press has covered sexual assault in the United States—especially during the height of the 1970s women’s movement. The findings indicate that through the execution of various rape-centered scripts, traditional rape stereotypes were perpetuated and only a few were challenged. This perpetuation led to an initial invalidation of marital rape, including Greta Rideout’s claim of rape.

In India, the law does not consider marital rape as a criminal offence. This means that the legal provisions do not acknowledge that a husband can be held accountable for raping his wife. The reasons for this are numerous and can be found in a range of reports from the Law Commission, Parliamentary debates, and judicial decisions. There are various reasons for this, including the desire to uphold the importance of marriage as an institution and the availability of other legal solutions. Given the ongoing debate surrounding the criminalization of marital rape in India, it is important to thoroughly examine the potential consequences of such a move. In order to achieve this goal, the current research will gather information from a diverse range of secondary sources, such as books, journals, articles, and reports that are relevant to the topic being investigated. The research will also gather primary data from respondents to obtain firsthand perspectives on this matter. This paper provides an in-depth analysis of the perspectives presented by different scholars regarding the criminalization of marital rape in India. In contrast to the responses obtained from the respondents for this study, the majority of them suggest that marital rape should not be criminalized. In addition, the paper delves into the approach taken by the Indian judiciary regarding the criminalization of marital rape. This study aims to provide valuable insights for leaders, scholars, and academics to better understand the advantages and disadvantages of criminalizing marital rape in India.

This study focuses on marital rape in Ethiopia in the context of international human rights law. Marital rape refers to rape committed against women by their lawful husbands. Like rape that is committed by strangers, marital rape has a severe impact on the physical and psychological wellbeing of victims. Consequently, marital rape violates a range of human rights, such as the right to human dignity, right to bodily integrity, right to privacy, as well as the right not to be subjected to cruel, inhuman and degrading treatment. Marital rape is recognised as one of the forms of violence against women under international human rights instruments ratified by Ethiopia. In addition, the Constitution of Ethiopia recognises the right to equality between women and men during marriage, and prohibits the enactment of laws and policies that discriminate against women. Studies have shown that the prevalence of marital rape is high in Ethiopia. Despite this fact, the Current Criminal Code of Ethiopia does not regard marital rape as a criminal offence and as a result there is no punishment on the part of perpetrators of this offence. Consequently, this gives husbands the license to rape their wives without any consequence. Owing to various socio-cultural factors, victims of marital rape in Ethiopia do not report these incidents to the police. The fact that there are no remedies under the criminal justice system, also discourages victims from reporting such incidents. This study, argues that by virtue of adopting human rights instruments at both the UN and AU level which prohibits violence against women, Ethiopia is under obligation to criminalize marital rape. South Africa is one of the few countries in Africa that criminalises marital rape. According to the 1993 Prevention of Family Violence Act, stipulates a man can be found guilty of raping his wife. Later on, the Act was amended by the Family Violence Act of 1998, which gives protection to victims of domestic violence. Despite the criminalisation of marital rape in South Africa, studies indicate that marital rape is still prevalent in the country owing to numerous socio-economic and cultural factors. Hence, from the experience of South Africa it can be understood that criminalizing marital rape alone is not enough to tackle the problem. / Public, Constitutional, and International Law / LLM

This study focuses on marital rape in Ethiopia in the context of international human rights law. Marital rape refers to rape committed against women by their lawful husbands. Like rape that is committed by strangers, marital rape has a severe impact on the physical and psychological wellbeing of victims. Consequently, marital rape violates a range of human rights, such as the right to human dignity, right to bodily integrity, right to privacy, as well as the right not to be subjected to cruel, inhuman and degrading treatment. Marital rape is recognised as one of the forms of violence against women under international human rights instruments ratified by Ethiopia. In addition, the Constitution of Ethiopia recognises the right to equality between women and men during marriage, and prohibits the enactment of laws and policies that discriminate against women. Studies have shown that the prevalence of marital rape is high in Ethiopia. Despite this fact, the Current Criminal Code of Ethiopia does not regard marital rape as a criminal offence and as a result there is no punishment on the part of perpetrators of this offence. Consequently, this gives husbands the license to rape their wives without any consequence. Owing to various socio-cultural factors, victims of marital rape in Ethiopia do not report these incidents to the police. The fact that there are no remedies under the criminal justice system, also discourages victims from reporting such incidents. This study, argues that by virtue of adopting human rights instruments at both the UN and AU level which prohibits violence against women, Ethiopia is under obligation to criminalize marital rape. South Africa is one of the few countries in Africa that criminalises marital rape. According to the 1993 Prevention of Family Violence Act, stipulates a man can be found guilty of raping his wife. Later on, the Act was amended by the Family Violence Act of 1998, which gives protection to victims of domestic violence. Despite the criminalisation of marital rape in South Africa, studies indicate that marital rape is still prevalent in the country owing to numerous socio-economic and cultural factors. Hence, from the experience of South Africa it can be understood that criminalizing marital rape alone is not enough to tackle the problem. / Public, Constitutional, and International Law / LL. M.