Sexual Abuse or Marital Rape in Marriage

Sexual abuse or marital rape occurs when one spouse forces non-consensual sexual acts on the other. Historically, marital rape was overlooked in some jurisdictions, but many legal systems now recognize it as both a criminal offense and a tort. Under tort law, such acts can give rise to claims for battery, assault, and, intentional infliction of emotional distress (IIED).

Examples of acts that fall under this tort

• Non-Consensual Acts: Forcing sexual acts without the spouse’s consent.
• Coercion: Using threats, intimidation, or manipulation to obtain sexual compliance.
• Exploitation: Violating boundaries by recording or sharing intimate acts without consent.

Real Case Example

In People v. Liberta, a landmark case in New York, the court ruled that marital rape laws should be applied equally to spouses. While primarily a criminal case, civil claims for damages are also possible in such circumstances.

Possible Judgment

Courts may grant:

• Compensatory Damages: Covering medical bills, therapy costs, and emotional harm.
• Punitive Damages: To punish the abusive spouse and deter similar actions in the future.
• Restraining Orders: To protect the victim from further harm.

Take Home

For potential victims sexual abuse

• Understand that consent is a fundamental right in marriage. No one has the right to force or coerce you.
• Seek help immediately through trusted authorities or support organizations.

For potential perpetrators sexual abuse

• Recognize that marital status does not grant entitlement to a spouse’s consent.
• Understand the legal and moral implications of non-consensual acts.
• Consider seeking counselling to address harmful behaviors.

For Everyone

• Respect your partner’s boundaries and communicate openly about consent.
• Advocate for awareness and education about marital rights and the importance of mutual respect.