Latest items for LRCM-LAW-2
Aug. 20, 2026, 2:18 p.m.
Countries: Nigeria
Variables: LRCM-LAW-2
“While countriessuch as Mozambique expressly prohibit marital rape, there is a gap when it comes to criminalisation of marital rape in countries such as Algeria, Malawi, Nigeria, Sudan, Tanzania and The Gambia, which leads to violations of women’s equality, dignity, and bodily autonomy” (13). “(iii) Marital rape: A further gap is that, in conformity with customary law, the Northern Nigeria Penal Code and Criminal Code do not recognise marital rape as rape. And the Penal Code of Northern Nigeria provides that an assault by a man on a woman is not an offense if they are married, if native law or custom recognises such “correction” as lawful, and if there...more
Variables: LRCM-LAW-2
“While countriessuch as Mozambique expressly prohibit marital rape, there is a gap when it comes to criminalisation of marital rape in countries such as Algeria, Malawi, Nigeria, Sudan, Tanzania and The Gambia, which leads to violations of women’s equality, dignity, and bodily autonomy” (13). “(iii) Marital rape: A further gap is that, in conformity with customary law, the Northern Nigeria Penal Code and Criminal Code do not recognise marital rape as rape. And the Penal Code of Northern Nigeria provides that an assault by a man on a woman is not an offense if they are married, if native law or custom recognises such “correction” as lawful, and if there...more
Aug. 20, 2026, 2:15 p.m.
Countries: Algeria
Variables: LRCM-LAW-2
“While countriessuch as Mozambique expressly prohibit marital rape, there is a gap when it comes to criminalisation of marital rape in countries such as Algeria, Malawi, Nigeria, Sudan, Tanzania and The Gambia, which leads to violations of women’s equality, dignity, and bodily autonomy” (13). “While law No 15-19 is a positive step, it does not criminalise marital rape. Moreover, the ‘pardon or forgiveness’ for men exposes women to threats and further violence from the spouse or relatives” (31). “Law No 15-19 needs to be amended to criminalise marital rape and to remove the clause of ‘forgiveness or pardon’” (31).
Variables: LRCM-LAW-2
“While countriessuch as Mozambique expressly prohibit marital rape, there is a gap when it comes to criminalisation of marital rape in countries such as Algeria, Malawi, Nigeria, Sudan, Tanzania and The Gambia, which leads to violations of women’s equality, dignity, and bodily autonomy” (13). “While law No 15-19 is a positive step, it does not criminalise marital rape. Moreover, the ‘pardon or forgiveness’ for men exposes women to threats and further violence from the spouse or relatives” (31). “Law No 15-19 needs to be amended to criminalise marital rape and to remove the clause of ‘forgiveness or pardon’” (31).
Aug. 20, 2026, 2:11 p.m.
Countries: Tunisia
Variables: IMSTD-PRACTICE-1, LRCM-LAW-2, CL-PRACTICE-1
“(ii) Discriminatory laws: Article 23 of Book 1 of the Code of Personal Status provides that a wife must fulfil her duties in line with ‘usages and customs’. This provision can be disadvantageous to women since Tunisia is still a patriarchal society which expects women to care for their husbands. The Article also puts women at risk of marital rape since a woman’s traditional role includes her pleasing her husband sexually. According to Articles 57 and 154 of the Code of Personal Status, both parents have custody. However, the father remains their legal guardian even if the judge determines custody on a case-by-case basis. The father is also the head...more
Variables: IMSTD-PRACTICE-1, LRCM-LAW-2, CL-PRACTICE-1
“(ii) Discriminatory laws: Article 23 of Book 1 of the Code of Personal Status provides that a wife must fulfil her duties in line with ‘usages and customs’. This provision can be disadvantageous to women since Tunisia is still a patriarchal society which expects women to care for their husbands. The Article also puts women at risk of marital rape since a woman’s traditional role includes her pleasing her husband sexually. According to Articles 57 and 154 of the Code of Personal Status, both parents have custody. However, the father remains their legal guardian even if the judge determines custody on a case-by-case basis. The father is also the head...more
Aug. 20, 2026, 2:09 p.m.
Countries: Gambia
Variables: LRCM-LAW-2
“While countriessuch as Mozambique expressly prohibit marital rape, there is a gap when it comes to criminalisation of marital rape in countries such as Algeria, Malawi, Nigeria, Sudan, Tanzania and The Gambia, which leads to violations of women’s equality, dignity, and bodily autonomy” (13). “(iv) Marital rape: Finally,while the Sexual Offences Act is generally progressive, it explicitly permits marital rape, providing that “rape shall not apply to married couples.” This is a violation of married women’s rights to equality, dignity, and bodily autonomy” (83).
Variables: LRCM-LAW-2
“While countriessuch as Mozambique expressly prohibit marital rape, there is a gap when it comes to criminalisation of marital rape in countries such as Algeria, Malawi, Nigeria, Sudan, Tanzania and The Gambia, which leads to violations of women’s equality, dignity, and bodily autonomy” (13). “(iv) Marital rape: Finally,while the Sexual Offences Act is generally progressive, it explicitly permits marital rape, providing that “rape shall not apply to married couples.” This is a violation of married women’s rights to equality, dignity, and bodily autonomy” (83).
Aug. 20, 2026, 2:08 p.m.
Countries: Tanzania
Variables: LRCM-LAW-2
“While countries such as Mozambique expressly prohibit marital rape, there is a gap when it comes to criminalisation of marital rape in countries such as Algeria, Malawi, Nigeria, Sudan, Tanzania and The Gambia, which leads to violations of women’s equality, dignity, and bodily autonomy” (13). “(iii) Marital rape: Marital rape is only criminalised upon separation since rape is defined as a male person having “sexual intercourse with a girl or woman under circumstances falling under any of the following descriptions: (a) not being his wife or being his wife who is separated from him without her consenting to it at the time of the sexual intercourse…” This greatly undermines women’s...more
Variables: LRCM-LAW-2
“While countries such as Mozambique expressly prohibit marital rape, there is a gap when it comes to criminalisation of marital rape in countries such as Algeria, Malawi, Nigeria, Sudan, Tanzania and The Gambia, which leads to violations of women’s equality, dignity, and bodily autonomy” (13). “(iii) Marital rape: Marital rape is only criminalised upon separation since rape is defined as a male person having “sexual intercourse with a girl or woman under circumstances falling under any of the following descriptions: (a) not being his wife or being his wife who is separated from him without her consenting to it at the time of the sexual intercourse…” This greatly undermines women’s...more
Aug. 20, 2026, 2:08 p.m.
Countries: Sudan
Variables: LRCM-LAW-2
“While countriessuch as Mozambique expressly prohibit marital rape, there is a gap when it comes to criminalisation of marital rape in countries such as Algeria, Malawi, Nigeria, Sudan, Tanzania and The Gambia, which leads to violations of women’s equality, dignity, and bodily autonomy” (13). “The Criminal Act prohibits rape, though marital rape is not prohibited and women in Muslim marriages are expected to obey their husbands. The Penal Code prohibits female genital mutilation” (77).
Variables: LRCM-LAW-2
“While countriessuch as Mozambique expressly prohibit marital rape, there is a gap when it comes to criminalisation of marital rape in countries such as Algeria, Malawi, Nigeria, Sudan, Tanzania and The Gambia, which leads to violations of women’s equality, dignity, and bodily autonomy” (13). “The Criminal Act prohibits rape, though marital rape is not prohibited and women in Muslim marriages are expected to obey their husbands. The Penal Code prohibits female genital mutilation” (77).
Aug. 20, 2026, 2:04 p.m.
Countries: South Africa
Variables: LRCM-LAW-1, LRCM-LAW-2, DV-LAW-1
“(iv) Violence against women: One of the greatest challenges facing women in South Africa, within and outside of family structures, is gender-based violence. The State has taken progressive steps to curb gender-based violence, including the enactment of the Domestic Violence Amendment Act, Criminal and Related Matters Amendment Act, Criminal Law(Sexual Offences and Other Related Matters) Amendment Act, which among other thingsrepealed the common lawoffences of rape and indecent assault and replaced them with new expanded statutory offences of rape and indecent assault, applicable to all forms of sexual penetration or violation without consent, irrespective of gender. The Act also created an expanded list of sexual offences and eliminated the differentiation...more
Variables: LRCM-LAW-1, LRCM-LAW-2, DV-LAW-1
“(iv) Violence against women: One of the greatest challenges facing women in South Africa, within and outside of family structures, is gender-based violence. The State has taken progressive steps to curb gender-based violence, including the enactment of the Domestic Violence Amendment Act, Criminal and Related Matters Amendment Act, Criminal Law(Sexual Offences and Other Related Matters) Amendment Act, which among other thingsrepealed the common lawoffences of rape and indecent assault and replaced them with new expanded statutory offences of rape and indecent assault, applicable to all forms of sexual penetration or violation without consent, irrespective of gender. The Act also created an expanded list of sexual offences and eliminated the differentiation...more
Aug. 20, 2026, 2:01 p.m.
Countries: Mozambique
Variables: LRCM-LAW-2
“While countriessuch as Mozambique expressly prohibit marital rape, there is a gap when it comes to criminalisation of marital rape in countries such as Algeria, Malawi, Nigeria, Sudan, Tanzania and The Gambia, which leads to violations of women’s equality, dignity, and bodily autonomy” (13). “In 2009, the government adopted a Domestic Violence Law that prohibits violence against women, including marital rape” (63).
Variables: LRCM-LAW-2
“While countriessuch as Mozambique expressly prohibit marital rape, there is a gap when it comes to criminalisation of marital rape in countries such as Algeria, Malawi, Nigeria, Sudan, Tanzania and The Gambia, which leads to violations of women’s equality, dignity, and bodily autonomy” (13). “In 2009, the government adopted a Domestic Violence Law that prohibits violence against women, including marital rape” (63).
Aug. 20, 2026, 1:59 p.m.
Countries: Malawi
Variables: LRCM-LAW-2
“(ii) Marital rape: Another key gap in Malawi’s laws relates to marital rape, which is not unequivocally outlawed. Malawi’s Penal Code defines rape as unlawful carnal knowledge with a woman or girl without her consent, however, courts have held that this does not extend to marriage: “The question has been raised whether a wife can lawfully refuse intercourse at any time, that is to say, irrespective of custom and place, etc. in this connection, it would seem reasonable for a respectable wife to refuse her husband, e.g., in a public place in front of other people. But in a normal way, I doubt whether she can do so... It has...more
Variables: LRCM-LAW-2
“(ii) Marital rape: Another key gap in Malawi’s laws relates to marital rape, which is not unequivocally outlawed. Malawi’s Penal Code defines rape as unlawful carnal knowledge with a woman or girl without her consent, however, courts have held that this does not extend to marriage: “The question has been raised whether a wife can lawfully refuse intercourse at any time, that is to say, irrespective of custom and place, etc. in this connection, it would seem reasonable for a respectable wife to refuse her husband, e.g., in a public place in front of other people. But in a normal way, I doubt whether she can do so... It has...more
Aug. 20, 2026, 1:58 p.m.
Countries: Kenya
Variables: LRCM-LAW-2
“(v) Marital rape: While the Sexual Offenses Act expands the definition of sexual offenses, it does not protect women from marital rape” (58).
Variables: LRCM-LAW-2
“(v) Marital rape: While the Sexual Offenses Act expands the definition of sexual offenses, it does not protect women from marital rape” (58).
Aug. 20, 2026, 1:54 p.m.
Countries: Cote D'Ivoire
Variables: LRCM-LAW-2, LRCM-LAW-3
“With regard to gender-based violence, the Penal Code was amended in June 2019 with the strengthening of the criminalisation and repression of several forms of violence: female genital mutilation and forced and early marriages. It contains some provisions that can be used in case of domestic violence such as Article 342 on murder, Article 345 on assault and battery, Article 353 on involuntary manslaughter or unintentional injury, Article 354 on rape, Article 373 on attack on individual freedom and Article 387 on abandonment of family. The country also adopted a National Strategy for Combating Gender-Based Violence (2014-2016). Act No. 2021- 894 further addresses measures to protect victims of domestic violence,...more
Variables: LRCM-LAW-2, LRCM-LAW-3
“With regard to gender-based violence, the Penal Code was amended in June 2019 with the strengthening of the criminalisation and repression of several forms of violence: female genital mutilation and forced and early marriages. It contains some provisions that can be used in case of domestic violence such as Article 342 on murder, Article 345 on assault and battery, Article 353 on involuntary manslaughter or unintentional injury, Article 354 on rape, Article 373 on attack on individual freedom and Article 387 on abandonment of family. The country also adopted a National Strategy for Combating Gender-Based Violence (2014-2016). Act No. 2021- 894 further addresses measures to protect victims of domestic violence,...more
Aug. 12, 2026, 1:55 p.m.
Countries: Bahamas
Variables: LRW-PRACTICE-1, LRW-LAW-1, LRCM-LAW-2, DV-PRACTICE-1, DV-LAW-1
"The law criminalized rape of men and women; however, spousal rape was not a crime. The maximum penalty for an initial rape conviction was seven years in prison. The maximum sentence for subsequent rape convictions was life imprisonment. The Domestic Violence (Protection) Orders Act protected heterosexual partners against domestic and sexual violence. Similar protections were not available for lesbian, gay, bisexual, transexual, queer, or intersex (LGBTQI+) persons. The government generally enforced the law effectively, although activists suspected heterosexual and homosexual rape were underreported” (13).
Variables: LRW-PRACTICE-1, LRW-LAW-1, LRCM-LAW-2, DV-PRACTICE-1, DV-LAW-1
"The law criminalized rape of men and women; however, spousal rape was not a crime. The maximum penalty for an initial rape conviction was seven years in prison. The maximum sentence for subsequent rape convictions was life imprisonment. The Domestic Violence (Protection) Orders Act protected heterosexual partners against domestic and sexual violence. Similar protections were not available for lesbian, gay, bisexual, transexual, queer, or intersex (LGBTQI+) persons. The government generally enforced the law effectively, although activists suspected heterosexual and homosexual rape were underreported” (13).
Aug. 12, 2026, 1:52 p.m.
Countries: Azerbaijan
Variables: LRW-PRACTICE-1, LRW-LAW-1, LRCM-PRACTICE-2, LRCM-LAW-2
“Rape of a person, regardless of gender, was illegal, and conviction carried a maximum sentence of 15 years in prison. The government enforced the law in some cases but not others such as spousal rape, resulting in inadequate enforcement of the law” (52).
Variables: LRW-PRACTICE-1, LRW-LAW-1, LRCM-PRACTICE-2, LRCM-LAW-2
“Rape of a person, regardless of gender, was illegal, and conviction carried a maximum sentence of 15 years in prison. The government enforced the law in some cases but not others such as spousal rape, resulting in inadequate enforcement of the law” (52).
Aug. 12, 2026, 1:49 p.m.
Countries: Austria
Variables: LRW-PRACTICE-1, LRW-LAW-1, LRCM-LAW-2
“Rape of a person, regardless of gender, including spousal rape, was punishable by up to 15 years’ imprisonment; domestic violence was punishable under the criminal code provisions for murder, rape, sexual abuse, and bodily injury. The government generally enforced the law, and the law enforcement response to rape and domestic violence was generally effective. In May, two of three Afghan men involved in the 2021 drugging, rape, and murder of a girl, age 13, were convicted of rape and murder; they received sentences of life and 20 years. The third man involved was convicted in December 2022” (12-13).
Variables: LRW-PRACTICE-1, LRW-LAW-1, LRCM-LAW-2
“Rape of a person, regardless of gender, including spousal rape, was punishable by up to 15 years’ imprisonment; domestic violence was punishable under the criminal code provisions for murder, rape, sexual abuse, and bodily injury. The government generally enforced the law, and the law enforcement response to rape and domestic violence was generally effective. In May, two of three Afghan men involved in the 2021 drugging, rape, and murder of a girl, age 13, were convicted of rape and murder; they received sentences of life and 20 years. The third man involved was convicted in December 2022” (12-13).
Aug. 11, 2026, 2:35 p.m.
Countries: Australia
Variables: LRW-LAW-1, LRCM-LAW-2
“The law criminalized rape of women and men, including spousal rape, and the government enforced the law effectively. The laws of individual states and territories provided the penalties for rape. Maximum penalties ranged from 12 years to life imprisonment, depending on the jurisdiction and aggravating factors” (12).
Variables: LRW-LAW-1, LRCM-LAW-2
“The law criminalized rape of women and men, including spousal rape, and the government enforced the law effectively. The laws of individual states and territories provided the penalties for rape. Maximum penalties ranged from 12 years to life imprisonment, depending on the jurisdiction and aggravating factors” (12).
Aug. 10, 2026, 9:14 p.m.
Countries: Canada
Variables: LRW-LAW-1, LRCM-PRACTICE-1, LRCM-LAW-2
“The law criminalized as sexual assault the rape of women or men. The law defined sexual assault as an assault committed in circumstances of a sexual nature such that the sexual integrity of the victim was violated. It did not specify types or perpetrators of rape, although these would reasonably apply to spousal rape, domestic or intimate partner rape, so-called corrective rape of lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) persons, and other forms of domestic and sexual violence. The government enforced the law effectively” (12-13).
Variables: LRW-LAW-1, LRCM-PRACTICE-1, LRCM-LAW-2
“The law criminalized as sexual assault the rape of women or men. The law defined sexual assault as an assault committed in circumstances of a sexual nature such that the sexual integrity of the victim was violated. It did not specify types or perpetrators of rape, although these would reasonably apply to spousal rape, domestic or intimate partner rape, so-called corrective rape of lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) persons, and other forms of domestic and sexual violence. The government enforced the law effectively” (12-13).
Aug. 9, 2026, 7:13 p.m.
Countries: Burundi
Variables: LRW-LAW-1, LRCM-LAW-2
“Rape and Domestic Violence: The law prohibited rape against women and men, including spousal rape, with penalties of up to 30 years’ imprisonment” (40).
Variables: LRW-LAW-1, LRCM-LAW-2
“Rape and Domestic Violence: The law prohibited rape against women and men, including spousal rape, with penalties of up to 30 years’ imprisonment” (40).
Aug. 9, 2026, 7:09 p.m.
Countries: Burma/Myanmar
Variables: LRCM-LAW-2
“Under the Penal Code, marital rape is effectively legal, provided the wife is over 15 years of age (raised from 13 years in 2016)” (6).
Variables: LRCM-LAW-2
“Under the Penal Code, marital rape is effectively legal, provided the wife is over 15 years of age (raised from 13 years in 2016)” (6).
Aug. 9, 2026, 6:54 p.m.
Countries: Belgium
Variables: LRCM-LAW-2
“Art. 79. General Definitions: …3° partner: the person with whom the perpetrator or the victim is married or maintains a lasting intimate emotional and physical relationship, as well as the person with whom the perpetrator or the victim was married or maintained a lasting intimate emotional and physical relationship if the offenses are in any way connected with this dissolved marriage or terminated relationship” (54) “Non-consensual intrafamilial sexual acts are defined as non-consensual sexual acts committed by a parent or in-law (ascendant or descendant) in the direct line, by a parent or in-law in the collateral line up to the third degree, by a partner, or by any other person...more
Variables: LRCM-LAW-2
“Art. 79. General Definitions: …3° partner: the person with whom the perpetrator or the victim is married or maintains a lasting intimate emotional and physical relationship, as well as the person with whom the perpetrator or the victim was married or maintained a lasting intimate emotional and physical relationship if the offenses are in any way connected with this dissolved marriage or terminated relationship” (54) “Non-consensual intrafamilial sexual acts are defined as non-consensual sexual acts committed by a parent or in-law (ascendant or descendant) in the direct line, by a parent or in-law in the collateral line up to the third degree, by a partner, or by any other person...more
July 25, 2026, 8:14 p.m.
Countries: Brazil
Variables: LRCM-LAW-2
"Marital rape is not defined. However, the definition of "rape" is broad and case law has expressly confirmed that being married to the victim is not a defense against a rape claim. In fact, committing rape in the context of a familial relationship is an aggravating circumstance that increases the applicable penalty in sentencing. However, the definition of "rape" applies regardless of gender so this increase in penalty is not exclusive to violence against women" (para 9).
Variables: LRCM-LAW-2
"Marital rape is not defined. However, the definition of "rape" is broad and case law has expressly confirmed that being married to the victim is not a defense against a rape claim. In fact, committing rape in the context of a familial relationship is an aggravating circumstance that increases the applicable penalty in sentencing. However, the definition of "rape" applies regardless of gender so this increase in penalty is not exclusive to violence against women" (para 9).
July 23, 2026, 1:53 p.m.
Countries: Brazil
Variables: LRCM-LAW-2
"The law criminalizes rape of men or women, including spousal rape" (23).
Variables: LRCM-LAW-2
"The law criminalizes rape of men or women, including spousal rape" (23).
July 23, 2026, 1:12 p.m.
Countries: Brazil
Variables: LRCM-LAW-2
"In Brazil, the legal evolution surrounding this crime includes the criminalization of marital rape under the Penal Code, the implementation of the Maria da Penha Law, and the recent legislative proposal that explicitly defines marital rape. . . Brazilian legislation, which was previously limited to the concept of rape as solely involving vaginal penetration, was expanded in 2009 to encompass various forms of sexual violence, such as oral and anal sex, with amendments to the Penal Code" (para 1).
Variables: LRCM-LAW-2
"In Brazil, the legal evolution surrounding this crime includes the criminalization of marital rape under the Penal Code, the implementation of the Maria da Penha Law, and the recent legislative proposal that explicitly defines marital rape. . . Brazilian legislation, which was previously limited to the concept of rape as solely involving vaginal penetration, was expanded in 2009 to encompass various forms of sexual violence, such as oral and anal sex, with amendments to the Penal Code" (para 1).
July 12, 2026, 11:55 p.m.
Countries: Botswana
Variables: LRCM-LAW-2
"The draft Domestic Violence Bill that was produced by the women’s Non–Governmental Organisations’ (NGO) coalition specifically prohibited marital rape but the provision was dropped by Parliament due to public pressure. The provision on marital rape was also dropped due to the non-criminalisation of marital rape, which would have made the DVA Botswana incompatible with the Penal Code. The decision to drop marital rape from the DVA Botswana denied marital rape legal recognition therefore, leaving married women with very little legal protection against marital rape" (19)."Section 3(a) of the Constitution which provides that every person in Botswana is entitled to the fundamental rights and freedoms of the individual, that is to...more
Variables: LRCM-LAW-2
"The draft Domestic Violence Bill that was produced by the women’s Non–Governmental Organisations’ (NGO) coalition specifically prohibited marital rape but the provision was dropped by Parliament due to public pressure. The provision on marital rape was also dropped due to the non-criminalisation of marital rape, which would have made the DVA Botswana incompatible with the Penal Code. The decision to drop marital rape from the DVA Botswana denied marital rape legal recognition therefore, leaving married women with very little legal protection against marital rape" (19)."Section 3(a) of the Constitution which provides that every person in Botswana is entitled to the fundamental rights and freedoms of the individual, that is to...more
June 30, 2026, 5:22 p.m.
Countries: Botswana
Variables: LRCM-LAW-2
"The law criminalized rape without specifying gender but did not recognize spousal rape as a crime. By law, formal courts tried all rape cases and the minimum sentence for rape was 10 years’ imprisonment" (13).
Variables: LRCM-LAW-2
"The law criminalized rape without specifying gender but did not recognize spousal rape as a crime. By law, formal courts tried all rape cases and the minimum sentence for rape was 10 years’ imprisonment" (13).
June 30, 2026, 5:14 p.m.
Countries: Botswana
Variables: LRCM-LAW-2
"There are about 36 nations that have not made marital rape a crime. India is one among them. Others include Pakistan, Afghanistan, Bangladesh, Egypt, Algeria, and Botswana" (para 12).
Variables: LRCM-LAW-2
"There are about 36 nations that have not made marital rape a crime. India is one among them. Others include Pakistan, Afghanistan, Bangladesh, Egypt, Algeria, and Botswana" (para 12).
June 30, 2026, 5:07 p.m.
Countries: Botswana
Variables: LRCM-LAW-2
"Even though the Domestic Violence Act recognises that sexual violence can take place between married persons by defining domestic relationship to include a relationship between persons who are married to each other, it does not however criminalise marital rape. This is because according to section 6 of the Act, the proceedings under the Act are heard as a civil case between the parties. The Act does not create criminal offences as these are provided for under the Penal Code which however does not criminalise marital rape. The effectiveness of the Act therefore goes only as far as acknowledging that married couples can violate each other" (27).
Variables: LRCM-LAW-2
"Even though the Domestic Violence Act recognises that sexual violence can take place between married persons by defining domestic relationship to include a relationship between persons who are married to each other, it does not however criminalise marital rape. This is because according to section 6 of the Act, the proceedings under the Act are heard as a civil case between the parties. The Act does not create criminal offences as these are provided for under the Penal Code which however does not criminalise marital rape. The effectiveness of the Act therefore goes only as far as acknowledging that married couples can violate each other" (27).
June 30, 2026, 5:01 p.m.
Countries: Botswana
Variables: LRCM-LAW-2
"Marital rape was not recognised as an offense under either the Botswana Penal Code or Domestic Violence Act" (para 68).
Variables: LRCM-LAW-2
"Marital rape was not recognised as an offense under either the Botswana Penal Code or Domestic Violence Act" (para 68).
June 30, 2026, 4:53 p.m.
Countries: Botswana
Variables: LRCM-LAW-2
"In 2008, the Botswana Parliament passed the Domestic Violence Act to protect abused persons. Unfortunately, the Act does not address marital rape. . . The Domestic Violence Act recommends that marital rape needs to be recognised by Botswana Law" (301).
Variables: LRCM-LAW-2
"In 2008, the Botswana Parliament passed the Domestic Violence Act to protect abused persons. Unfortunately, the Act does not address marital rape. . . The Domestic Violence Act recommends that marital rape needs to be recognised by Botswana Law" (301).
June 30, 2026, 4:38 p.m.
Countries: Botswana
Variables: LRCM-LAW-2
"Although customary law recognizes rape, it does not recognize spousal rape, nor does it explicitly prohibit domestic violence against women. While constitutional law no longer designates men as the legal head of households, this principle does not extend to customary law. Rather, customary law permits husbands to treat their wives as minor children, encourages corporal punishment as form of marital discipline, and denies mothers custodial rights over children born out of wedlock" (17).
Variables: LRCM-LAW-2
"Although customary law recognizes rape, it does not recognize spousal rape, nor does it explicitly prohibit domestic violence against women. While constitutional law no longer designates men as the legal head of households, this principle does not extend to customary law. Rather, customary law permits husbands to treat their wives as minor children, encourages corporal punishment as form of marital discipline, and denies mothers custodial rights over children born out of wedlock" (17).
June 27, 2026, 12:09 p.m.
Countries: Burkina Faso
Variables: LRCM-LAW-2
"Article 533-10 of the Criminal Code defines and criminalizes rape as follows: 'Any act of sexual penetration, whatever its nature, committed against another person using violence, coercion, threat or surprise, constitutes rape. Rape is punishable by imprisonment of between 7 and 10 years, and a fine of between 600,000 and 2 million CFA francs.' Any woman, regardless of her marital status, may invoke this article before a judge...The following punishment for rape committed against an intimate and habitual partner is set out in article 533 -12: Where rape is committed repeatedly against an intimate and habitual partner with whom the perpetrator maintains stable and continuous sexual relations, or where the...more
Variables: LRCM-LAW-2
"Article 533-10 of the Criminal Code defines and criminalizes rape as follows: 'Any act of sexual penetration, whatever its nature, committed against another person using violence, coercion, threat or surprise, constitutes rape. Rape is punishable by imprisonment of between 7 and 10 years, and a fine of between 600,000 and 2 million CFA francs.' Any woman, regardless of her marital status, may invoke this article before a judge...The following punishment for rape committed against an intimate and habitual partner is set out in article 533 -12: Where rape is committed repeatedly against an intimate and habitual partner with whom the perpetrator maintains stable and continuous sexual relations, or where the...more