In India, Marital Rape is not considered as a Criminal offence. Its an archaic, unfair, extremely misogynistic privilege given to gender. However, the analogy and rationale given behind it are that a woman is owned after the marriage and therefore it would be highly unlikely that the meaning of rape can be correlated with the forced sex with the wives, which seems bizarre to me. So, here I am bringing you lists of Countries which not only punishes the one responsible for marital rapes but gives the highest order of punishment for the same. These Countries explicitly recognizes the crime of Marital Rape
Up to Lifetime imprisonment
Liechtenstein
Spousal rape is a criminal offence. Degree of punishments varies from One to Fifteen Years of Imprisonment. Lifetime imprisonment is imposed if the victim is killed.
Mongolia
Degree of punishment changes according to the circumstances of the case, it varies from One to Twenty Years of Punishment or Life imprisonment, whichsoever is required.
Rwanda
The law criminalizes rape of men and women and spousal rape, and the government handled rape cases as a judicial priority. Penalties for conviction of spousal rape range from two months’ to life imprisonment with fines of 100,000 to 300,000 Rwandan francs
Up to 30-50 Years
Guatemala
Guatemala includes Marital rape in the definition of rape and sets the imprisonment period from Five years to Fifty years, depending upon the circumstances of the case. Marital rape was criminalized in the year 2009 by Articles 28 & 30 of Ley Contra la Violencia Sexual, Explotación y Trata de Personas (Law against Sexual Violence, Exploitation and Trafficking in Persons)
Philippines
Marital rape is recognized as rape with the penalty ranging from Twelve to Forty Years of imprisonment. Marital Rape was recognized in the year 1997 through Anti Violence against Women and their Children Act of 2004, moreover Supreme Court had also upheld the validity of the marital rape laws in the case of People v. Jumawan (G.R. No. 187495 (2014))
Serbia
Rape, including spousal rape, is punishable by up to 40 years in prison. The “marital exemption” was dropped in 2002, and marital rape explicitly criminalised by the 2016 Law on the Prevention of Domestic Violence (arts. 3 & 4(2)).
Grenada
The law criminalises rape of men or women, including spousal rape, and stipulates a sentence of flogging or up to 30 years’ imprisonment for a conviction of any nonconsensual form of sex. Marital rape was criminalised in a 2012 amendment to the Criminal Code.
Up to 10-30 Years
Mozambique
The law criminalises rape, including spousal rape, and domestic violence. Penalties for conviction range from two to eight years’ imprisonment if the victim is 12 years of age or older and 20 to 24 years’ imprisonment if the victim is under 12.
Ecuador
This Country endorses gender neutral rape laws which includes martial rape as well. The punishment here extends to 22 years of imprisonment.
Luxembourg
The law prohibits rape, including spousal rape, and the government enforced the law effectively. Penalties for violations range from five to 10 years’ imprisonment. In 1994, in Judgment no. 223/94 V, 1994, the Court of Appeal confirmed the applicability of the provisions of the Criminal Code regarding rape to marital rape. Since 2013, the maximum penalty for rape can be doubled id carried out by a spouse (Code Pénal, Art. 377(5)).
New Zealand
Marital rape was recognized here in the year 1985 with the maximum punishment of 20 years imprisonment.
Greece
Rape, including spousal rape, is a crime punishable by penalties ranging from five to 20 years’ imprisonment.
Argentina
A gender neutral rape law which recognizes the offence of Marital rape provides for the maximum punishment of 20 Years.
Monaco
Rape, including spousal rape, is a criminal offence with penalties of five, 10, and up to 20 years in prison, depending on the type of offence.
Other than the above listed Countries, there are 130 more such Countries which directly or indirectly criminalizes the offence of Marital Rape.
Rohit Pradhan
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