Latest items for LRCM-LAW-2
Feb. 20, 2024, 6:27 p.m.
Countries: D R Congo
Variables: LRCM-LAW-2
"[D]omestic violence, including marital rape, is [not] explicitly prohibited" (8).
Variables: LRCM-LAW-2
"[D]omestic violence, including marital rape, is [not] explicitly prohibited" (8).
Jan. 21, 2024, 10:43 a.m.
Countries: Saudi Arabia
Variables: LRCM-PRACTICE-1, LRCM-LAW-2, MARR-LAW-5
"Once married, a Saudi woman must obey her husband. She may not 'withhold herself' from her husband. She must breastfeed her children; this is a legal obligation owed to her husband" (para 15).
Variables: LRCM-PRACTICE-1, LRCM-LAW-2, MARR-LAW-5
"Once married, a Saudi woman must obey her husband. She may not 'withhold herself' from her husband. She must breastfeed her children; this is a legal obligation owed to her husband" (para 15).
Jan. 16, 2024, 6:33 p.m.
Countries: Botswana
Variables: LRCM-LAW-2
"The Domestic Violence Act, 2008 abolishes spousal exclusion in rape cases. The Act provides a wide range of remedies for abuse and abusive behaviour including 'sexual abuse or threat thereof' in a 'domestic relationship'. Domestic relationship in terms of Section 2 of the Act includes a relationship where people 'are or were married to each other'. The Domestic Violence Act is a clear legislative statement of public policy which advances the construction of Section 141 of the Penal Code to include marital rape. It is a clear intent to criminalise abusive conduct even within the marriage. Moreover, it eliminated the common law spousal exclusion. The High Court in 2008 addressed...more
Variables: LRCM-LAW-2
"The Domestic Violence Act, 2008 abolishes spousal exclusion in rape cases. The Act provides a wide range of remedies for abuse and abusive behaviour including 'sexual abuse or threat thereof' in a 'domestic relationship'. Domestic relationship in terms of Section 2 of the Act includes a relationship where people 'are or were married to each other'. The Domestic Violence Act is a clear legislative statement of public policy which advances the construction of Section 141 of the Penal Code to include marital rape. It is a clear intent to criminalise abusive conduct even within the marriage. Moreover, it eliminated the common law spousal exclusion. The High Court in 2008 addressed...more
Jan. 4, 2024, 10:41 a.m.
Countries: Singapore
Variables: LRW-LAW-2, LRCM-LAW-2, DV-PRACTICE-1
"[P]enalties for select offences committed against persons that were in a 'close relationship' or 'intimate relationship' with the offender at the time of the offence; or children under 14 years of age[] may be punished with up to twice the maximum punishment for the offence" (35).
Variables: LRW-LAW-2, LRCM-LAW-2, DV-PRACTICE-1
"[P]enalties for select offences committed against persons that were in a 'close relationship' or 'intimate relationship' with the offender at the time of the offence; or children under 14 years of age[] may be punished with up to twice the maximum punishment for the offence" (35).
Sept. 22, 2023, 8:51 a.m.
Countries: Angola
Variables: LRCM-LAW-2
"Rape, including spousal rape, is illegal and punishable by up to eight years’ imprisonment if convicted" (18).
Variables: LRCM-LAW-2
"Rape, including spousal rape, is illegal and punishable by up to eight years’ imprisonment if convicted" (18).
Aug. 15, 2023, 5:22 p.m.
Countries: Bahamas
Variables: LRCM-LAW-2
"Rape of men or women is illegal, but the law does not protect against spousal rape unless the couple is separated, in the process of divorce, or if there is a restraining order in place" (12).
Variables: LRCM-LAW-2
"Rape of men or women is illegal, but the law does not protect against spousal rape unless the couple is separated, in the process of divorce, or if there is a restraining order in place" (12).
Aug. 15, 2023, 6:17 a.m.
Countries: Cote D'Ivoire
Variables: LRW-LAW-1, LRCM-LAW-2
"The Committee notes that the Code of Criminal Procedure has been adopted and that the Criminal Code is being revised. It notes with concern, however: (a) The absence of a definition of rape and the failure to criminalize marital rape and domestic violence in the Criminal Code (Law No. 1981-640 of 31 July 1981, as amended by Law No. 1995-522 of 6 July 1995, and Law No. 2015-134 of 9 March 2015)" (8). "The Committee recommends that the State party, in line with its general recommendation No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19: (a) Expedite the revision of the Criminal Code, ensuring that it...more
Variables: LRW-LAW-1, LRCM-LAW-2
"The Committee notes that the Code of Criminal Procedure has been adopted and that the Criminal Code is being revised. It notes with concern, however: (a) The absence of a definition of rape and the failure to criminalize marital rape and domestic violence in the Criminal Code (Law No. 1981-640 of 31 July 1981, as amended by Law No. 1995-522 of 6 July 1995, and Law No. 2015-134 of 9 March 2015)" (8). "The Committee recommends that the State party, in line with its general recommendation No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19: (a) Expedite the revision of the Criminal Code, ensuring that it...more
Aug. 8, 2023, 8:30 p.m.
Countries: Bulgaria
Variables: LRCM-LAW-2
"[T]he definition of rape in the Criminal Code does not include marital rape" (6).
Variables: LRCM-LAW-2
"[T]he definition of rape in the Criminal Code does not include marital rape" (6).
Aug. 8, 2023, 12:20 p.m.
Countries: Senegal
Variables: LRCM-LAW-2
"The provisions of articles 300 and 305 of the Criminal Code that discriminate against women have been factored into the proposed revision of discriminatory laws." (4)(NF - CODER COMMENT - Act. 300 states that consummation of a marriage between a child and an adult is considered statuatory rape. As for Act. 305, this act prohibits abortion unless a physician states that it is medically necessary). "In order to better protect women victims of violence, the Senegalese State has introduced a bill to criminalize rape in all its forms. It should be stressed in this respect that some aggravated rapes, such as rape followed by the victim’s death, were already considered...more
Variables: LRCM-LAW-2
"The provisions of articles 300 and 305 of the Criminal Code that discriminate against women have been factored into the proposed revision of discriminatory laws." (4)(NF - CODER COMMENT - Act. 300 states that consummation of a marriage between a child and an adult is considered statuatory rape. As for Act. 305, this act prohibits abortion unless a physician states that it is medically necessary). "In order to better protect women victims of violence, the Senegalese State has introduced a bill to criminalize rape in all its forms. It should be stressed in this respect that some aggravated rapes, such as rape followed by the victim’s death, were already considered...more
July 30, 2023, 5:25 a.m.
Countries: Saudi Arabia
Variables: LRCM-PRACTICE-1, LRCM-LAW-2, ATFPA-LAW-1
"Once married, a Saudi woman must obey her husband. She may not 'withhold herself' from her husband. She must breastfeed her children; this is a legal obligation owed to her husband." (Parag. 14)
Variables: LRCM-PRACTICE-1, LRCM-LAW-2, ATFPA-LAW-1
"Once married, a Saudi woman must obey her husband. She may not 'withhold herself' from her husband. She must breastfeed her children; this is a legal obligation owed to her husband." (Parag. 14)
July 12, 2023, 10:28 p.m.
Countries: Saudi Arabia
Variables: LRCM-PRACTICE-1, LRCM-LAW-2, SAB-LAW-1
""Once married, a Saudi woman must obey her husband. She may not “withhold herself” from her husband. She must breastfeed her children; this is a legal obligation owed to her husband." (Parag. 14)
Variables: LRCM-PRACTICE-1, LRCM-LAW-2, SAB-LAW-1
""Once married, a Saudi woman must obey her husband. She may not “withhold herself” from her husband. She must breastfeed her children; this is a legal obligation owed to her husband." (Parag. 14)
July 10, 2023, 9:26 p.m.
Countries: Maldives
Variables: LRCM-LAW-2
"Law Number 17/2014 (Sexual Offences Act) was enacted on 13th May 2014 and came into force 6 months thereafter. This Act provides for the protection of children and adults from all forms of sexual violence, and includes an aspect to prevent rape within marriage. Additionally, sexual offenders engaging children are subjected to a specific regime of law established pursuant to Law Number 12/2009 (Special Provisions Act to Deal with Child Sex Abuse Offenders)..."(5). "Regarding the Committee’s COs to adopt specific legislation, within a clear time frame, to criminalize marital rape without any exemptions, while Sexual Offences Act 2014 does not categorically criminalize marital rape, it allows for four circumstances of...more
Variables: LRCM-LAW-2
"Law Number 17/2014 (Sexual Offences Act) was enacted on 13th May 2014 and came into force 6 months thereafter. This Act provides for the protection of children and adults from all forms of sexual violence, and includes an aspect to prevent rape within marriage. Additionally, sexual offenders engaging children are subjected to a specific regime of law established pursuant to Law Number 12/2009 (Special Provisions Act to Deal with Child Sex Abuse Offenders)..."(5). "Regarding the Committee’s COs to adopt specific legislation, within a clear time frame, to criminalize marital rape without any exemptions, while Sexual Offences Act 2014 does not categorically criminalize marital rape, it allows for four circumstances of...more
June 27, 2023, 11:16 p.m.
Countries: Algeria
Variables: LRCM-LAW-2
"The law criminalizes rape but does not specifically address spousal rape" (27).
Variables: LRCM-LAW-2
"The law criminalizes rape but does not specifically address spousal rape" (27).
April 1, 2023, 9:26 p.m.
Countries: Uzbekistan
Variables: LRCM-LAW-2
"...and in 2019 the legislation adopted included: the Protection of Victims, Witnesses and Other Participants in Criminal Proceedings Act of 14 January 2019…"(4)(NF - CODER COMMENT - Though the law does not specifically mention marital rape, this law can be enacted when there is a threat to the witness and can involve multiple people including the witnesses, the victim's family, prosecutors, etc.).
Variables: LRCM-LAW-2
"...and in 2019 the legislation adopted included: the Protection of Victims, Witnesses and Other Participants in Criminal Proceedings Act of 14 January 2019…"(4)(NF - CODER COMMENT - Though the law does not specifically mention marital rape, this law can be enacted when there is a threat to the witness and can involve multiple people including the witnesses, the victim's family, prosecutors, etc.).
March 8, 2023, 1:43 p.m.
Countries: Montenegro
Variables: LRCM-PRACTICE-1, LRCM-LAW-2
"[T]here was not a single reported case of marital rape qualified as a criminal offense. Prosecutors treated such cases as 'sexual harassment' in accordance with the Law on Protection from Domestic Violence" (12).
Variables: LRCM-PRACTICE-1, LRCM-LAW-2
"[T]here was not a single reported case of marital rape qualified as a criminal offense. Prosecutors treated such cases as 'sexual harassment' in accordance with the Law on Protection from Domestic Violence" (12).
March 3, 2023, 11:15 p.m.
Countries: Nigeria
Variables: LRCM-LAW-2
"...[W]hile even today spousal rape is not recognized as a crime under Nigerian law" (Para. 8).
Variables: LRCM-LAW-2
"...[W]hile even today spousal rape is not recognized as a crime under Nigerian law" (Para. 8).
Feb. 24, 2023, 12:54 p.m.
Countries: Nepal
Variables: LRCM-LAW-2, LRCM-LAW-3
"In order to make legal regime more gender friendly and effective, the GoN has been drafting Victim/Survivor and Witness Protection Bill. The Bill proposes to afford protection to victims/survivors and witnesses in cases of rape, incest, human trafficking, and sexual exploitation along with other serious criminal offences listed in the notification published in the official Gazette." (40).
Variables: LRCM-LAW-2, LRCM-LAW-3
"In order to make legal regime more gender friendly and effective, the GoN has been drafting Victim/Survivor and Witness Protection Bill. The Bill proposes to afford protection to victims/survivors and witnesses in cases of rape, incest, human trafficking, and sexual exploitation along with other serious criminal offences listed in the notification published in the official Gazette." (40).
Feb. 18, 2023, 10:44 a.m.
Countries: Bahamas
Variables: LRCM-LAW-2
"While noting that the courts 'cannot and must not succumb to the temptation to reform laws', Lewis-Johnson said the husband ignoring his wife’s 'feeling of not being a willing participant in sexual intercourse' met the grounds for cruelty." (Para.17). " 'The petitioner’s evidence was heavily weighed on acts of sexual intercourse between the parties that she described as acts of rape by the respondent,' she wrote.'I will not recount her evidence save to say that she states that as a result of the respondent’s behavior, she felt like a rape victim. She further alleges that her physical and mental health have been negatively affected.' Lewis-Johnson said the issue raised by...more
Variables: LRCM-LAW-2
"While noting that the courts 'cannot and must not succumb to the temptation to reform laws', Lewis-Johnson said the husband ignoring his wife’s 'feeling of not being a willing participant in sexual intercourse' met the grounds for cruelty." (Para.17). " 'The petitioner’s evidence was heavily weighed on acts of sexual intercourse between the parties that she described as acts of rape by the respondent,' she wrote.'I will not recount her evidence save to say that she states that as a result of the respondent’s behavior, she felt like a rape victim. She further alleges that her physical and mental health have been negatively affected.' Lewis-Johnson said the issue raised by...more
Feb. 6, 2023, 12:07 p.m.
Countries: Kyrgyzstan
Variables: LRCM-LAW-2
"The Committee [on the Elimination of All Forms of Discrimination against Women]…notes with concern…the absence of criminal law provisions specifically criminalizing certain forms of gender-based violence, such as marital rape" (5).
Variables: LRCM-LAW-2
"The Committee [on the Elimination of All Forms of Discrimination against Women]…notes with concern…the absence of criminal law provisions specifically criminalizing certain forms of gender-based violence, such as marital rape" (5).
Feb. 4, 2023, 6:14 p.m.
Countries: Namibia
Variables: LRCM-LAW-2
"The Bill aims to amend the Combating of Rape Act, Act No.8 of 2000, the Criminal Procedure Act, 1977, and the Combating of Immoral Practices Act, 1980 so as to provide additional coercive circumstances for rape; clarify that the minimum sentences for rape apply equally to attempted rape; to assign the highest category of minimum sentences for the rape of persons with physical, mental disabilities or other vulnerabilities; impose upon the court the duty not to regard the testimony of a child as inherently unreliable or to treat it with special caution simply because the witness is a child; ensure the admissibility of previous statements by child witnesses and to...more
Variables: LRCM-LAW-2
"The Bill aims to amend the Combating of Rape Act, Act No.8 of 2000, the Criminal Procedure Act, 1977, and the Combating of Immoral Practices Act, 1980 so as to provide additional coercive circumstances for rape; clarify that the minimum sentences for rape apply equally to attempted rape; to assign the highest category of minimum sentences for the rape of persons with physical, mental disabilities or other vulnerabilities; impose upon the court the duty not to regard the testimony of a child as inherently unreliable or to treat it with special caution simply because the witness is a child; ensure the admissibility of previous statements by child witnesses and to...more
Jan. 10, 2023, 11:50 a.m.
Countries: India
Variables: LRCM-LAW-2
"A bench headed by Justice DY Chandrachud said that the meaning of the rape must include marital rape for the Medical Termination of Pregnancy Act" (para 1).
Variables: LRCM-LAW-2
"A bench headed by Justice DY Chandrachud said that the meaning of the rape must include marital rape for the Medical Termination of Pregnancy Act" (para 1).
Dec. 29, 2022, 6:41 p.m.
Countries: India
Variables: LRCM-LAW-2
"Recently, a two-judge bench of the Delhi High Court delivered a split verdict on the issue of criminalizing marital rape. The primary issues that were raised were whether marriage grants the husband an expectation for sexual relations with his wife and results in an implied consent from her and whether striking down the exception will create a new offense of marital rape. Since marital rape is not a crime according to Section 375(2) of the Indian Penal Code (IPC), 1860, striking down the exception will result in making marital rape an offense. India is one of the few countries around the world that does not treat non-consexual sex within marriage...more
Variables: LRCM-LAW-2
"Recently, a two-judge bench of the Delhi High Court delivered a split verdict on the issue of criminalizing marital rape. The primary issues that were raised were whether marriage grants the husband an expectation for sexual relations with his wife and results in an implied consent from her and whether striking down the exception will create a new offense of marital rape. Since marital rape is not a crime according to Section 375(2) of the Indian Penal Code (IPC), 1860, striking down the exception will result in making marital rape an offense. India is one of the few countries around the world that does not treat non-consexual sex within marriage...more
Dec. 28, 2022, 9:53 p.m.
Countries: India
Variables: LRCM-LAW-2
"India is one of the ten countries that expressly allow for marital rape" (para 13).
Variables: LRCM-LAW-2
"India is one of the ten countries that expressly allow for marital rape" (para 13).
Dec. 28, 2022, 9:52 p.m.
Countries: Sri Lanka
Variables: LRCM-LAW-2
"[O]ne of the ten countries that expressly allow for marital rape [is]...Sri Lanka" (para 13).
Variables: LRCM-LAW-2
"[O]ne of the ten countries that expressly allow for marital rape [is]...Sri Lanka" (para 13).
Dec. 28, 2022, 9:51 p.m.
Countries: Tanzania
Variables: LRCM-LAW-2
"[O]ne of the ten countries that expressly allow for marital rape [is]...Tanzania" (para 13).
Variables: LRCM-LAW-2
"[O]ne of the ten countries that expressly allow for marital rape [is]...Tanzania" (para 13).
Dec. 28, 2022, 9:50 p.m.
Countries: Singapore
Variables: LRCM-LAW-2
"[O]ne of the ten countries that expressly allow for marital rape [is]...Singapore" (para 13).
Variables: LRCM-LAW-2
"[O]ne of the ten countries that expressly allow for marital rape [is]...Singapore" (para 13).
Dec. 28, 2022, 9:49 p.m.
Countries: Ghana
Variables: LRCM-LAW-2
"[O]ne of the ten countries that expressly allow for marital rape [is]...Ghana" (para 13).
Variables: LRCM-LAW-2
"[O]ne of the ten countries that expressly allow for marital rape [is]...Ghana" (para 13).
Dec. 28, 2022, 9:48 p.m.
Countries: Indonesia
Variables: LRCM-LAW-2
"[O]ne of the ten countries that expressly allow for marital rape [is]...Indonesia" (para 13).
Variables: LRCM-LAW-2
"[O]ne of the ten countries that expressly allow for marital rape [is]...Indonesia" (para 13).
Dec. 28, 2022, 9:47 p.m.
Countries: Oman
Variables: LRCM-LAW-2
"[O]ne of the ten countries that expressly allow for marital rape [is]...Oman 13).
Variables: LRCM-LAW-2
"[O]ne of the ten countries that expressly allow for marital rape [is]...Oman 13).
Dec. 28, 2022, 9:46 p.m.
Countries: Lesotho
Variables: LRCM-LAW-2
"[O]ne of the ten countries that expressly allow for marital rape [is]...Lesotho" (para 13).
Variables: LRCM-LAW-2
"[O]ne of the ten countries that expressly allow for marital rape [is]...Lesotho" (para 13).