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Trending: Call for Papers Volume 5 | Issue 2: International Journal of Advanced Legal Research [ISSN: 2582-7340]

MARITAL RAPE: A COMPARATIVE STUDY – Mansi Sharma

ABSTRACT

Marital rape, once entrenched in legal systems and societal norms worldwide, has undergone significant scrutiny and evolution in recent decades. This abstract synthesizes research from various jurisdictions, including India, the United Kingdom, and the United States, to provide insights into the legal, societal, and cultural dimensions of marital rape.

In India, patriarchal norms and legal exemptions historically shielded perpetrators of marital rape from accountability. While there have been legal challenges and advocacy efforts, progress towards criminalizing marital rape has been slow, with societal attitudes and cultural factors posing significant barriers to reform.

Conversely, the United Kingdom and the United States have seen substantial legal transformations concerning marital rape. Landmark cases, such as R v. R in the UK and State v. Liberta in the US, played pivotal roles in overturning marital rape exemptions and recognizing the rights of individuals to bodily autonomy and protection from sexual violence within marriage.

Throughout these jurisdictions, societal attitudes and cultural norms have influenced judicial approaches to marital rape. Challenges persist, including disparities in access to justice and resources, as well as the need for continued advocacy, legal reforms, and cultural shifts to address gender-based violence effectively.

Overall, the evolving legal landscape surrounding marital rape reflects broader societal shifts towards gender equality, justice, and human rights. Continued efforts are crucial to ensure that survivors receive the support they need and that perpetrators are held accountable for their actions, ultimately fostering safer and more equitable societies.