Rape in any form is evil and should be prosecuted. Marital rape between a husband and his wife should be prosecuted as well. Consent of the wife to have sex is essential and her will must be respected. The woman is not the property of the man. She has feelings, rights and will. The rape of a married or unmarried woman is first of all a transgression against the woman herself. Hale’s assertion on marital rape is acceptable. The man does not have the right to force the woman to have sex with a third party for his own financial gain or some favors. This means the wife would no longer have a voice in sexual intercourse in marriage since it is only the man to make decisions. Just like the man, the wife remains a key partner in sexual intercourse decisions. Any violation of the will would sum up to domestic violence and rape. Marriage should not be used to undermine the rights and will of the woman. She must be respected and treated with care and tenderness.
A man who forces his wife to have sexual intercourse against her will though has transgressed against the woman should be considered to have engaged in intolerable cruelty. The argument that rape done by husbands to their wives is cruelty that would give wives cause for divorce is misplaced and unreasonable. Though it is cruelty, one would not compare it with infidelity. The family as a unit should be preserved and divorce should not be tolerated just on mere allegations. Both parties in a marriage should come to a consensus and mutually agree on issues pertaining to their sexuality. However, should the man force the wife to have sexual intercourse with a third party, the man should be prosecuted and convicted as a stranger and divorce would be justifiable.
Sexual satisfaction is one of the reasons why a man and a woman come together in marriage. Sex thus remains a vital obligation for both parties in the marriage. The wife should satisfy her husband’s sexual desires and vice versa. The wife’s denial of sex to her husband is not justified or even excused. The sexual denial by the wife to her own husband is a grave breach of her matrimonial duty. In marriage, both the husband and the wife agree to their ongoing consent to sexual intercourse. Both parties have marital immunity and the obligation to consent to sexual intercourse. Denial of sexual intercourse by the wife would lead to frustrations on the part of the husband. Such frustrations could lead to infidelity leading to the acquisition of sexually transmitted diseases. Such frustrations are the circumstances where the husband finds himself trying to forcefully have sex with his wife against her will. Therefore, to eliminate such domestic violence and rape accusations, the women need to understand the man’s needs and be submissive. The men however need to tenderly love and care for their own wives and practice patience with them.
Mentally incapacitated women are not in a position to give valid consent to sex. The man however should be patient and self-controlled towards the wife. The man should wait or help his wife to attain consciousness and physical stability. I concur that forced sexual intercourse should be prosecuted and discouraged by all including the spouses. However, other avenues can also be explored. For example, the penalties for the offence done by the spouse should be mandated to counseling instead of jail term.
Reference
Nancy K. D. (2005). Domestic Violence Law, NY: Thomson/West.