Wife Rape

03 April 2009
 
The "law" is a fascinating topic.  When I was young, I read many dozens of books written by lawyers.  When the vignette linked below landed on my desk, it conjured memories of stories about American trials wherein wives accused husbands of rape.  Yet often the courts did not recognize that it was legally possible for a husband to rape his wife.  This was America.

Many professionals with varied skill sets read this site.  Everything from Generals to Sergeant Majors to doctors to lawyers to airline pilots and politicians.  They seldom comment publicly, but often email or send letters.  It would be particularly fascinating if lawyers, historians, or others who have solid knowledge of the topic, would weigh in on the history of this topic as it pertains to the United States.

Please consider commenting on this:
 

Critics say new Afghan law 'legalizes rape'
It applies to Shiites, says husband entitled to sex 'as and when he desires'

Associated Press
KABUL - A new Afghan law makes it legal for men to rape their wives, human rights groups and some Afghan lawmakers said Thursday, accusing President Hamid Karzai of signing the legislation to bolster his re-election prospects.



 

Comments   

 
0 # Joe Long 2009-04-03 06:04
I am a former infantry officer with the U.S. Army and am now a criminal defense lawyer in Louisiana. The key phrase when one talks about rape is consent. The Muslims obviously believe that once the wife marries the husband, he no longer needs her consent to have sex with her. They see the "consent" as given when she married. In America, sex without consent is a crime; whether it is a sexual battery or rape. The status of the parties is not relevant; at least in my state. If the wife does not consent and the husband forces himself on her, he has committed forcible rape. Whether a jury of 12 citizens convict is quite another issue. T

I believe former Senator Jeremiah Denton of Alabama got into some hot water on this issue.
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0 # Pam 2009-04-03 20:13
It appears that getting married in Afghanistan, is consent.
This article raises some questions for me. Does a woman have a right to not marry? What is life like for a single woman in Afghanistan? Why is man entitled to relations every 4 days, but, a woman, only every 4 months?
If certainly seems like being female in Afghanistan is no walk in the park. We have it so good here. (So far)
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+1 # Mary 2009-04-04 05:34
The Qur'an says:

2:222. They ask thee concerning women's courses. Say: They are a hurt and a pollution: So keep away from women in their courses, and do not approach them until they are clean. But when they have purified themselves, ye MAY APPROACH THEM IN ANY MANNER, TIME, OR PLACE ordained for you by Allah. For Allah loves those who turn to Him constantly and He loves those who keep themselves pure and clean.

2:223. Your wives are as a tilth unto you; SO APPROACH YOUR TILTH WHEN OR HOW YE WILL; but do some good act for your souls beforehand; and fear Allah. And know that ye are to meet Him, and give good tidings to those who believe.

Islam appeals to insecure, chauvenistic men because under Shariah law, Muslim men are dominant and favored and macho gods.
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+1 # Mary 2009-04-04 05:35
The Qur'an says:

2:222. They ask thee concerning women's courses. Say: They are a hurt and a pollution: So keep away from women in their courses, and do not approach them until they are clean. But when they have purified themselves, ye MAY APPROACH THEM IN ANY MANNER, TIME, OR PLACE ordained for you by Allah. For Allah loves those who turn to Him constantly and He loves those who keep themselves pure and clean.

2:223. Your wives are as a tilth unto you; SO APPROACH YOUR TILTH WHEN OR HOW YE WILL; but do some good act for your souls beforehand; and fear Allah. And know that ye are to meet Him, and give good tidings to those who believe.

Islam appeals to insecure, chauvenistic men because under Shariah law, Muslim men are dominant and favored and macho gods.
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+1 # Rick Reiss 2009-04-04 16:21
To be a woman in Afghanistan and many other Islamic countries is to be little more than a slave. Whether it is Sharia law, "honour killings" or now, legalized rape, the so called "Religion of Peace" is nothing more than 15th century barbarism clocked in occultism.

Here is just a sampling of international news stories related to this topic:

"Religious parties reluctant to condemn girl's lashing in Swat"

Link: http://www.thenews.com.pk/daily_detail.asp?id=170816

'German police accuse Kurdish men of "honour killing"'

http://www.monstersandcritics.com/news/europe/news/article_1468554.php/German_police_accuse_Kurdish_men_of_%26quothonour_killing%26quot

"Video: radicals beat girl, 17, in Islamic stronghold of Swat, Pakistan"

Link: http://www.timesonline.co.uk/tol/news/world/asia/article6022878.ece#cid=OTC-RSS&attr=797093

Check out similar headlines at The Religion of Peace website at: http://www.thereligionofpeace.com/

Stay safe Michael Yon.
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+1 # Julie 2009-04-06 10:07
I grew up in rural South Dakota in the 70's and 80's. At that time, spraying weeds in a roadside ditch without a permit was considered a greater crime (a class 4 misdemeanor, if memory serves) than beating your spouse. My mother, an R.N., worked on domestic violence issues for many of those years, even testifying before committees of the state legislature before this was changed. It took more years to get the county commission to financially support a local domestic violence advocate and transportation to a shelter, even though the nearest shelter was over 100 miles away and out of reach for the women who needed it. (And trust me, the entire county knew who those women were, but felt they should "mind their own business.")

So I'm a little queasy about the hypocrisy I see about this issue in the press. It would be difficult in many rural parts of the U.S. to convict anyone of spousal rape, whether or not the law is on the books. I wish people would get as pissed off about violence against women in the United States as much as they do about violence against women in Afghanistan. It's easy for us to point the finger, but we're not doing such a great job of protecting women in our own country either.
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0 # ACM 2011-10-29 05:35
Your mother should be commended. I absolutely agree!
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0 # LTC Frost 2009-04-06 11:16
To Julie: I don't know how much time you've spent outside the country, but even comparing the situation here with respect to almost any civil right - racial animus, rape, corruption, you name it - is literally absurd. I too would prefer we spend more of our energy on internal problems rather than foreign ones (except where foreign ones genuinely affect our security) but to compare our situation to what I've seen overseas is just too much.

To all: Simple fact - Afghanistan is a shari'a society, and the Qur'an commands a wife to render sex to her husband whenever he wishes; and also commands him to satisfy her, but on much less rigorous terms, of course. I get a kick out of people who argue that all cultures are equal and we should be multicultural on the one hand, but absolutely reject other cultures when their customs don't correspond to their own values!
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-1 # LTC Frost 2009-04-06 11:22
BTW, I"m a third-year law student (graduating in 33 days, but who's counting...). The big problems in any spousal rape case - and the reason I dislike spousal rape laws as they stand - is that it is almost always he said, she said. Very few people have witnesses to 'consent' in their marital bedroom. I dislike the fact that a woman can have a fight with her husband, charge him with rape (assuming here he didn't) and actually get a trial based on NO evidence other than her assertion. You could not do that for any other crime.

Theoretically, the law works both ways, but the likelihood of a man alleging rape is pretty small......

Anyway, that legal situation is very ethically dubious to me. And if a rape actually did occur, how often can you get evidence 'behond a reasonable doubt' - the criminal standard. If it's strictly a duel of allegations between the woman and theman, EVEN IF THE RAPE OCCURRED, no reasonable jury should convict on such flimsy evidence. And I suspect that's one reason Julie says 'rural parts' of the US probably wouldn't convict. Unless there's a lot more evidence than he said/she said, they really shouldn't - no matter what we may feel about the issue.
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+1 # Mary 2009-04-07 04:28
At one time in the U.S. there may have been societal pressures to look the other way during domestic violence, an attitude often perpetuated and enforced by abusers themselves and those too lazy/cowardly to take a stand against it, but it was never codified law and sanctified by our religion. That is the difference and it is a big one.

The effective trend in domestic violence prosecution in this country nowdays is victimless prosecution where the physical evidence, including photographs of injuries and victim reactions, rape kits, medical and psychological reports, etc. "tell" the story.
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-1 # JohnG 2009-04-08 00:29
My wife said, if those guys were any good, this wouldn't be an issue. but I digress. This is a toss-out to the ridiculous radicals. With Arabs the general rule is that the mum teaches the girls that they're supposed to be tigers in bed. Age isn't a real issue.

In any case, in Islamic societies where divorce is as simple as "I divorce you" 3 x is all it takes to ruin the woman - these people aren't ignorant of thier own culture. To pull your hair out over this is a little stupid. Speaking of knowledge of the culture, the woman doesn't have to get married and the parents will support her. This is a non issue with no point at all.
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-1 # SGT Beene 2009-04-10 17:43
Julie,

You said:
"I wish people would get as pissed off about violence against women in the United States as much as they do about violence against women in Afghanistan. It's easy for us to point the finger, but we're not doing such a great job of protecting women in our own country either."

In the US, despite your assertions, DV (domestic violence) IS taken very seriously. The problem, Julie, is that it is ONLY taken seriously when it happens to women, and not to men.

In 1994 the VAWA (Violence Against Women Act) was enacted. It was proposed by a group of women's advocates who were using the "Duluth Model" of DV. In the model, and indeed the entire paradigm of their thought, was that women were victims and men were the abusers ... period.

Try finding a men's shelter in your area. Try finding one in your STATE. I thought discrimination based on gender was illegal, but apparently not.

Also, these same women's advocates from these shelters have endlessly advocated for the widening of the definition of "abuse", and sought greater and greater issuance of restraining orders.

Julie, restraining orders are unconstitutiona l, even if they are popular. You are not allowed, under the highest law of the land (the Bill of Rights, Constitution) to be deprived of your property or freedom without due process. During a restraining order hearing it is almost always done "Ex Parte" (meaning only one party is there in this case). wherein the man (it's often a man) is kicked out of his home and denied access to his children w/out even his knowledge the hearing is taking place.

Also, Julie, you should look into it, but more than 1/2 of restraining orders in the US are granted w/out even the ALLEGATION of violence, but simply "I'm in fear". Look it up.

Also, a man in the US, who is abused, who decided to take the kids (who might be abused or who are being abused) will be arrested for parental kidnapping, UNLESS he takes them to a shelter - but due to his genetic defect of having a penis he can't get into a shelter.

So, while you whine about how bad American women have it, take off the gender ideology blinders and realize that you have not showed any knowledge of how bad American men have it in domestic cases.

I hope I have added to the discusssion.

Steven
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-1 # rudy 2009-04-28 07:41
If wives learned to hold their tongue a little better this problem would probably disappear.
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