Normative and International Human Rights Law Imperatives for Criminalizing Intimate Partner Sexual Violence: The Marital Rape Impunity in Comparative and Historical Perspective

Resource type
Authors/contributors
Title
Normative and International Human Rights Law Imperatives for Criminalizing Intimate Partner Sexual Violence: The Marital Rape Impunity in Comparative and Historical Perspective
Abstract
In this third chapter of the book, The Right to Say No, Marital Rape and Law Reform in Canada, Ghana, Kenya and Malawi, (Hart, 2017) we provide a big-picture perspective on the long and bumpy road taken by many of the world’s countries in moving towards legal recognition that sexual assault can occur in a marital relationship and in the provision of a criminal law remedy for this form of gendered violence. We begin the chapter by articulating our arguments about why engaging the power of criminal remedies is necessary to the struggle to end sexual violence against women in marriage, particularly with reference to criminal law’s importance in expressing fundamental social norms. Section II moves to a critical review of the historical origins and ideological justifications underpinning the marital rape exemption in diverse societies. We show how similar themes occur across very different social regimes.
Genre
SSRN Scholarly Paper
Archive ID
3201074
Place
Rochester, NY
Date
2018-06-22
Accessed
9/3/23, 9:51 PM
Short Title
Normative and International Human Rights Law Imperatives for Criminalizing Intimate Partner Sexual Violence
Language
en
Library Catalog
Social Science Research Network
Citation
Venkatesh, V., & Randall, M. (2018). Normative and International Human Rights Law Imperatives for Criminalizing Intimate Partner Sexual Violence: The Marital Rape Impunity in Comparative and Historical Perspective (SSRN Scholarly Paper 3201074). https://papers.ssrn.com/abstract=3201074
Author / Editor