This is a Guest Post from Brett Podolsky, a Houston Criminal Attorney.
Marital rape is a form of sexual abuse often encountered in domestic violence cases. It refers to non-consensual sex act performed by a spouse. In many regions of the world, the spousal rape is still condoned and considered legal. However, most developing countries increasingly criminalize the act and impose severe penalties upon the perpetrator.
The cases of spousal rape are difficult to prosecute and defend as the evidence and testimonies typically change frequently throughout the course of the trial. The spouses influence each other with promises to change their behavior resulting in unclear path of persuasion. The charges are often dropped in the middle of negotiations due to reconciliation efforts between the parties involved. However, those who are determined to pursue should be aware of the reasons why the rape has occurred and present the facts in the court.
Drug Use – Spousal rape often occurs when a person is under the influence of recreational drugs, medication or alcohol. Both the perpetrator and the target may be under the influence and may not remember the course of events. These cases are the most difficult to prove and often result in court dismissals unless there are witnesses and strong evidence of the rape.
Sodomy Acts – Sodomy is frequently performed when a spouse is mentally challenged and can only complete the sexual act orally or through the anal intercourse. The event frequently includes animals and artificial devices. This type of copulation is often engaged between homosexual individuals and may not be reported to the authorities due to the embarrassment factor.
Spousal Duties – Many couples have their roles divided within the institution of marriage and are expected to comply. One of these roles may include one spouse feeling entitled to performing sexual acts at any time without the consent of the other spouse. In many cases, heterosexual couples face this dilemma where the woman is requested to comply with her husband’s desire for sex.
Religious Inclinations – Most religions have strict rules in regards to marital copulations. Two different religion beliefs may clash with each other. It is important to discuss these differences before committing to marriage as any sexual act may be portrayed as a sexual abuse while the other party may view it as a spouse’s prerogative.
Fear of Being Hurt – Many spouses let sexual abuse happen because they’re afraid of being hurt or killed. If there is a history of domestic abuse, the partner will coil and meet the abuser’s desires. The undesired sex becomes a part of daily living and many partners cope with it to avoid physical and emotional pain.
Marital rape should be always reported to the authorities. Worldwide reclassification of spousal abuse has been in effect for many decades and abusive sexual acts are no longer valid regardless of religion, status and race. Seasoned team of attorneys must be engaged to protect the rights of the offenders and the victims of rape alike. All occurrences should be recorded by medical providers and police officials to ensure proper conviction of the abusing spouse.
For more information about Marital rape, visit http://brettpodolsky.com/general-law/marital-rape.