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Latest items for LRCM-LAW-2

Feb. 4, 2021, 2:06 p.m.
Countries: India
Variables: LRCM-LAW-2

"The Committee is concerned, however, about the...Retention in the Penal Code of an exemption from punishment when a rape is committed by the victim’s husband if the wife is above 15 years of age" (3). "The Committee urges the State party...To amend the Criminal Law (Amendment) Act, ensuring that marital rape is defined as a criminal offence, as requested by the Committee in its previous concluding observations (CEDAW/C/IND/CO/3, para. 23), expanding the scope of protection of the law to cover all prohibited grounds of discrimination and defining gang rape as constituting an aggravating factor meriting a more severe punishment" (3-4).
Jan. 26, 2021, 2:55 p.m.
Countries: Equatorial Guinea
Variables: LRW-LAW-1, LRW-LAW-2, LRCM-LAW-2, DV-PRACTICE-2

“Rape is illegal and punishable by 12 to 20 years of imprisonment, but the law does not address spousal rape. Furthermore, in most cases, authorities fail to prosecute the guilty party. According to the U.S. Department of State, police and the judicial system in Equatorial Guinea are more likely to treat domestic violence as a private matter to be resolved in the home” (para 6).
Dec. 23, 2020, 2:28 p.m.
Countries: India
Variables: LRCM-LAW-2

"The Justice Verma Committee, including several eminent, retired members of the judiciary and legal experts, was set up in the aftermath of the December rape, to make recommendations on the rape laws. Rejecting the Verma Committee’s strong appeal that marital rape be made an offense under the law, the Standing Committee on Home said that (a) the Indian family system would be disturbed; (b) there were practical difficulties; and (c) marriage presumes consent" (para 12).
Sept. 26, 2020, 6:47 p.m.
Countries: Kuwait
Variables: LRCM-LAW-2

"Kuwait has no laws on domestic violence and does not explicitly criminalize marital rape" (para 18).
Sept. 26, 2020, 4:34 p.m.
Countries: Afghanistan
Variables: LRCM-LAW-1, LRCM-LAW-2, MURDER-PRACTICE-1, IIP-PRACTICE-1, ATDW-PRACTICE-2, ATDW-LAW-5, DSFMF-LAW-1, DV-PRACTICE-1, DV-PRACTICE-2

“N. v. Sweden (no. 23505/09) (20 July 2010): The applicant, an Afghan national having an extra-marital affair with a man in Sweden, maintained that she risked social exclusion, long imprisonment or even death if returned to Afghanistan. Her applications for asylum were unsuccessful. The Court found that the applicant’s deportation from Sweden to Afghanistan would constitute a violation of Article 3 (prohibition of inhuman or degrading treatment or punishment) of the Convention. It noted that women were at particular risk of ill-treatment in Afghanistan if perceived as not conforming to the gender roles ascribed to them by society, tradition and even the legal system. The mere fact that the applicant...more
Sept. 15, 2020, 2:32 p.m.
Countries: Cote D'Ivoire
Variables: LRCM-LAW-2

"The new criminal code creates a presumption of consent to sex between married couples, which could prevent victims of marital rape from pursuing successful prosecutions" (para 28).
Sept. 4, 2020, 9:43 p.m.
Countries: Lebanon
Variables: LRCM-LAW-2

""Women still face discrimination under 15 separate religion-based personal status laws and both child marriage and marital rape remain legal" (para 3). "A 2014 Law on the Protection of Women and Family from Domestic Violence established important protection measures and introduced policing and court reforms but failed to criminalize all forms of domestic violence, including marital rape" (para 20).
Sept. 2, 2020, 10:50 a.m.
Countries: Thailand
Variables: LRW-LAW-4, LRCM-LAW-2

"Section 277 of Thailand’s Criminal Code, B.E 2499 (1956) provides marital immunity for sexual intercourse with girls under the age of 15 who are said to ‘consent’, and allows a man who rapes a girl between the ages of 13 to 15 to escape punishment by marrying the victim" (para 1) "Section 277 [Of the Criminmal Code]: Whoever has sexual intercourse with a girl not yet over fifteen years of age and not being his own wife, whether such girl shall consent or not, shall be punished with imprisonment of four to twenty years and fined of eight thousand to forty thousand Baht. If the commission of the offence according...more
Aug. 16, 2020, 6:50 p.m.
Countries: Sri Lanka
Variables: LRCM-LAW-2

They also called for a removal of the exemption of penalties for rape of married Muslim girls above the age of 12 (para 20).
Aug. 10, 2020, 3:09 p.m.
Countries: Saudi Arabia
Variables: LRCM-LAW-2

“So, it also comes as no surprise that in Saudi Arabia, neither domestic violence nor spousal rape are prohibited by law” (para 3).
Aug. 10, 2020, 3:02 p.m.
Countries: United States
Variables: LRCM-PRACTICE-1, LRCM-LAW-2

“In 2005, when Black was serving in the Virginia House of Delegates, he made a speech in which he said he ‘did not know how on earth you could validly get a conviction of a husband-wife rape, when they’re living together, sleeping in the same bed, she’s in a nightie, and so forth, there’s no injury, there’s no separation or anything’” (para 2).
April 4, 2020, 8:45 a.m.
Countries: Rwanda
Variables: LRCM-LAW-2

"It notes with concern, however, that several discriminatory provisions, such as punishment for marital rape being lower than that for rape, remain in the law, that discriminatory customs continue to be applied, for example in the area of inheritance law, and that there is no comprehensive anti-discrimination law" (3). "The Penal Code provides for significantly lower sentences for marital rape than for rape" (6).
April 1, 2020, 6:28 p.m.
Countries: Pakistan
Variables: LRCM-LAW-2

"Spousal rape is not a crime" (37).
March 30, 2020, 8:35 p.m.
Countries: Denmark
Variables: LRCM-LAW-2

"Denmark only fully criminalised spousal rape in 2013" (para 35).
Jan. 13, 2020, 8:20 p.m.
Countries: Somalia
Variables: LRCM-PRACTICE-1, LRCM-LAW-2

"Domestic and sexual violence against women remained serious problems despite the provisional federal constitution provision prohibiting any form of violence against women. While both sharia and customary law address the resolution of family disputes, women were not included in the decision-making process." (32).
Dec. 14, 2019, 2:59 p.m.
Countries: India
Variables: LRCM-LAW-2

"'The women's condition in these [polyandrous marriages] is one of extreme vulnerability and insecurity. Their treatment is like that of a slave, living under the real threat of rape, which as per law is not considered a crime when it happens within marriage', he said" (para 23).
Aug. 9, 2019, 1 p.m.
Countries: D R Congo
Variables: LRW-LAW-2, LRW-LAW-3, LRCM-LAW-2

"The law on sexual violence criminalizes rape, but the offense was not always reported by victims and the law was not always enforced. Rape was common. The legal definition of rape does not include spousal rape. It also prohibits extrajudicial settlements (for example, a customary fine paid by the perpetrator to the family of the victim) and forced marriage, allows victims of sexual violence to waive appearance in court, and permits closed hearings to protect confidentiality. The minimum penalty prescribed for rape is a prison sentence of five years, and courts regularly imposed such a sentence in rape convictions" (page 39).
July 31, 2019, 6:50 p.m.
Countries: Saudi Arabia
Variables: LRCM-LAW-2

"The law does not recognize spousal rape as a crime" (40).
July 30, 2019, 6:50 p.m.
Countries: Slovakia
Variables: LRCM-LAW-2

"The law does not specifically define spousal rape, but the criminal code covers spousal rape and spousal sexual violence under the crime of rape and sexual violence" (p.14).
July 30, 2019, 8:55 a.m.
Countries: Ghana
Variables: LRW-LAW-1, LRCM-LAW-2

"The law criminalizes rape of women but not spousal rape" (p. 14).
July 29, 2019, 8:26 p.m.
Countries: Guinea
Variables: LRCM-LAW-2

"The law does not address spousal rape" (p. 16).
July 24, 2019, 6:29 p.m.
Countries: Chad
Variables: LRCM-LAW-2

"The law does not specifically address spousal rape" (page 15).
July 19, 2019, 6:43 p.m.
Countries: Guinea-Bissau
Variables: LRW-LAW-1, LRW-LAW-2, LRCM-LAW-2

"The law prohibits rape, including spousal rape, and provides penalties for conviction of two to 12 years in prison" (p. 8).
July 19, 2019, 12:46 p.m.
Countries: Turkey
Variables: LRCM-LAW-2

"The law prohibits sexual assault, including rape and spousal rape, with penalties of two to 10 years’ imprisonment for conviction of attempted sexual violation and at least 12 years’ imprisonment for conviction of rape or sexual violation . . . The law covers all women and requires police and local authorities to grant various levels of protection and support services to survivors of violence or those at risk of violence. It also requires government services, such as shelter and temporary financial support, for victims and provides for family courts to impose sanctions on perpetrators. According to press reports, as of September 11, the MOFSP reported 300 women changed their identities...more
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: LRCM-LAW-1, LRCM-LAW-2

"In July parliament passed the new criminal code that will not come into effect until 2018. In the meantime the existing law requires prison sentences for rape that vary between five and 15 years depending on the victim’s age. The law also mandates five years’ additional imprisonment in the case of gang rape, rape of pregnant women, or rape of a woman with disabilities. The victim’s compensation depends on the degree of mental and physical abuse. Under the 2015 Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, the sentence for marital rape is three to five years’ imprisonment and the statute of limitations for...more
July 19, 2019, 9:48 a.m.
Countries: Indonesia
Variables: LRCM-LAW-1, LRCM-LAW-2

"The legal definition of rape covers only forced penetration of sexual organs, and filing a case requires corroboration and a witness. Rape is punishable by four to 14 years in prison. While the government imprisoned perpetrators of rape and attempted rape, sentences were often light, and many convicted rapists received the minimum sentence. Marital rape is not a specific criminal offense under the penal code, but it is covered under 'forced sexual intercourse' in national legislation on domestic violence, and it can be punished with criminal penalties. Reliable nationwide statistics on the incidence of rape continued to be unavailable, although in June 2016, the Ministry of Women’s Empowerment announced the...more
July 17, 2019, 3:48 p.m.
Countries: Singapore
Variables: LRCM-LAW-2

"The Committee remains concerned about… The lack of legislative reforms made since the previous review, in 2011, to effectively criminalize… marital rape and ensure that the definition of rape includes any non consensual sexual act" (5).
July 15, 2019, 3:24 p.m.
Countries: Thailand
Variables: LRW-LAW-1, LRW-LAW-2, LRCM-PRACTICE-1, LRCM-LAW-2

"Rape is illegal, although the government did not always enforce the law effectively. The law permits authorities to prosecute spousal rape, and prosecutions occurred. The law specifies penalties for conviction of rape or forcible sexual assault ranging from four years’ imprisonment to the death penalty as well as fines" (page 28).
July 14, 2019, 11:37 a.m.
Countries: Gambia
Variables: LRCM-LAW-2

"Spousal rape is not illegal and was widespread;, police generally considered it a domestic issue outside its jurisdiction" (p. 12).
July 14, 2019, 11:37 a.m.
Countries: Ethiopia
Variables: LRCM-LAW-2

"The law does not expressly address spousal rape" (p. 28).