Analysis of information sources in references of the Wikipedia article "تجاوز به همسر" in Persian language version.
Such provisions are inconsistent with international human rights standards that require that all victims are equally protected and do not recognise an exception for marital rape
The 'Explanation' which forms part of Article 375 of Brunei’s Penal Code (rape) stipulates that 'Sexual intercourse by a man with his own wife, the wife not being under thirteen (13) years of age, is not rape.' This amounts to legalisation and legitimization of marital rape, including the rape of children, in flagrant violation of international human rights law.
A clause outlawing marital rape has been dropped because of cultural considerations.
There are many examples from different countries, mainly from the 1990s, but some even more recent than that, where judges handed down lenient sentences simply because the perpetrator claimed to have acted out of respect for his culture, tradition, religion or custom or to restore his so-called “honour”" (explanations regarding the Istanbul Convention)
penalise sexual violence and rape between spouses, regular or occasional partners and cohabitants
Stanton: "'Woman's degradation is in man's idea of his sexual rights,' Stanton wrote to Anthony. 'How this marriage question grows on me. It lies at the very foundation of all progress.'" Stone: "It is clear to me, that [the marriage] question underlies, this whole movement and all our little skirmishing for better laws, and the right to vote, will yet be swallowed up, in the real question, viz, has woman, as wife, a right to herself? It is very little to me to have the right to vote, to own property &c. if I may not keep my body, and its uses, in my absolute right. Not one wife in a thousand can do that now, & so long as she suffers this bondage, all other rights will not help her to her true position."
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صرفنظر شد (کمک)Additionally, spousal rape is not regarded as a criminal act in Mongolia (US 11 Mar. 2010, Sec. 6; UN 7 Nov. 2008, Para. 25). According to the NCAV because law enforcement organizations do not view marital rape as a crime, victims will consequently not ask for help from law enforcement officials (NCAV 2009). Victims also do not report marital rape out of concern for the reputation of their families (ibid.).
Rape is not a crime in the Afghan Penal Code. Under the code, rapists can only be charged with "forced" zina, or adultery, which sometimes results in women also being prosecuted for zina.
The penal code includes penalties for rape but does not address marital rape.
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دادهشده است (کمک)China has no legal provisions for marital rape and the main reason for this is in deference to a prevailing cultural perception that wives are supposed to submit to their husband’s wishes in matters of sexual relations and hence, there is no such concept of ‘rape’ within marriage or ‘rape’ being considered a form of violence within the marriage.
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صرفنظر شد (کمک)The law criminalizes all forms of rape involving force against women, including spousal rape, and the government generally enforced the law effectively.
The Krugersdorp Magistrate's Court sentenced her 48-year-old former husband [Frederik Christiaan Bossert] to an effective 12 years in jail last week for physically abusing and repeatedly raping [Annelise] Kriek during their marriage. Kriek's court action became the first reported case of rape in a marriage since the Domestic Violence Act was introduced in 1996.
Marital rape may be prosecuted in at least 104 States. Of these, 32 have made marital rape a specific criminal offence, while the remaining 74 do not exempt marital rape from general rape provisions. Marital rape is not a prosecutable offence in at least 53 States. Four States criminalize marital rape only when the spouses are judicially separated. Four States are considering legislation that would allow marital rape to be prosecutedبیش از یک پارامتر
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دادهشده است (کمک)|بازبینی=
را بررسی کنید (کمک)But Zambia does not have a comprehensive law on sexual violence or a provision for marital rape or psychological abuse in its penal code.
By April 2011, at least 52 States had explicitly outlawed marital rape in their criminal code
Marital rape may be prosecuted in at least 104 States. Of these, 32 have made marital rape a specific criminal offence, while the remaining 74 do not exempt marital rape from general rape provisions. Marital rape is not a prosecutable offence in at least 53 States. Four States criminalize marital rape only when the spouses are judicially separated. Four States are considering legislation that would allow marital rape to be prosecutedبیش از یک پارامتر
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دادهشده است (کمک)By April 2011, at least 52 States had explicitly outlawed marital rape in their criminal code
penalise sexual violence and rape between spouses, regular or occasional partners and cohabitants
There are many examples from different countries, mainly from the 1990s, but some even more recent than that, where judges handed down lenient sentences simply because the perpetrator claimed to have acted out of respect for his culture, tradition, religion or custom or to restore his so-called “honour”" (explanations regarding the Istanbul Convention)
Such provisions are inconsistent with international human rights standards that require that all victims are equally protected and do not recognise an exception for marital rape
The 'Explanation' which forms part of Article 375 of Brunei’s Penal Code (rape) stipulates that 'Sexual intercourse by a man with his own wife, the wife not being under thirteen (13) years of age, is not rape.' This amounts to legalisation and legitimization of marital rape, including the rape of children, in flagrant violation of international human rights law.
China has no legal provisions for marital rape and the main reason for this is in deference to a prevailing cultural perception that wives are supposed to submit to their husband’s wishes in matters of sexual relations and hence, there is no such concept of ‘rape’ within marriage or ‘rape’ being considered a form of violence within the marriage.
Additionally, spousal rape is not regarded as a criminal act in Mongolia (US 11 Mar. 2010, Sec. 6; UN 7 Nov. 2008, Para. 25). According to the NCAV because law enforcement organizations do not view marital rape as a crime, victims will consequently not ask for help from law enforcement officials (NCAV 2009). Victims also do not report marital rape out of concern for the reputation of their families (ibid.).
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