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<channel>
	<title>No To Rape &#187; Marital Rape</title>
	<atom:link href="http://www.notorape.com/blog/tag/marital-rape/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.notorape.com</link>
	<description>No Exceptions</description>
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		<title>Welcome change to Evidence Act</title>
		<link>http://www.notorape.com/blog/2011/11/27/welcome-change-to-evidence-act/</link>
		<comments>http://www.notorape.com/blog/2011/11/27/welcome-change-to-evidence-act/#comments</comments>
		<pubDate>Sun, 27 Nov 2011 10:37:26 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Legal]]></category>
		<category><![CDATA[Marital Rape]]></category>
		<category><![CDATA[Rape]]></category>
		<category><![CDATA[Updates]]></category>

		<guid isPermaLink="false">http://www.notorape.com/?p=1049</guid>
		<description><![CDATA[No To Rape strongly welcomes the decision announced by Minister for Foreign Affairs and Law, Mr K Shanmugam, to repeal Section 157(d) of the Evidence Act. This provision states that in legal proceedings “when a man is prosecuted for rape [...] it may be shown that the prosecutrix was of generally immoral character” in order [...]]]></description>
			<content:encoded><![CDATA[<p>No To Rape strongly welcomes <a href=http://www.channelnewsasia.com/stories/singaporelocalnews/view/1167548/1/.html>the decision</a> announced by Minister for Foreign Affairs and Law, Mr K Shanmugam, to repeal Section 157(d) of the Evidence Act.  This provision states that in legal proceedings “when a man is prosecuted for rape [...] it may be shown that the prosecutrix was of generally immoral character” in order to impeach the credibility of the rape complainant. (See previous AWARE article on this issue <a href=http://www.aware.org.sg/2011/11/section-157d-of-evidence-act-repeal-it/>here</a>).</p>
<p>The Minister stated the reasons for the repeal at the <a href=http://www.aware.org.sg/2011/11/minister-shanmugams-speech-at-sabs-launch/>recent official launch</a> of AWARE&#8217;s Sexual Assault Befrienders Service, an important <a href=http://www.aware.org.sg/2011/11/official-launch-of-sexual-assault-befrienders-service-sabs/>specialised service providing support</a> to those who have experienced sexual assault.  He described his consultation with civic groups including No To Rape and AWARE on the matter of rape complaint procedures, and pointed out that Section 157(d) rests on two &#8220;antediluvian and repugnant&#8221; &#8220;myths&#8221; which &#8220;should [not] find any expression in our laws&#8221;.  Namely, that:</p>
<blockquote><p>a) a woman who is sexually experienced is less credible as a witness; and<br />
b) a woman who is sexually experienced is more likely to have consented to sexual activity.</p></blockquote>
<p>The Minister went on to state:</p>
<blockquote><p>The approach we should take to this, whether it is a man or a woman – matters relating sexual history, just like a man who has been previously accused, whether that should or should not be taken into account – sexual history of either party can only be taken into account if it is relevant for that particular case. So, we really ought to leave it to the courts. Neither should we say it is completely irrelevant. It really depends on the facts, and it cannot just be the woman. That must be the right approach.</p>
<p>Like all other evidence, matters relating to a victim’s sexual history must satisfy the threshold of relevance before they can be introduced, rather than as dictated by Section 157(d).</p></blockquote>
<p>No To Rape welcomes this as an improvement over the status quo, although we believe further consideration should be given to the possibility that the sexual history of the complainant will never satisfy a rational threshold of relevance, and should therefore be considered inadmissible in all cases.</p>
<p>In addition to this, however, No To Rape believes that the logic articulated by the Minister also requires the abolition of marital immunity for rape.  Under the Penal Code as it stands, in the absence of proceedings for divorce, separation, an injunction or a personal protection order, the existence of a marital relationship is not only considered automatically relevant to rape cases.  It goes a step further, to automatically determine the result: there can be no conviction.  The individual facts of the case cannot be considered by the court under a rape charge, even if there is clear evidence of (for example) accompanying violence, leading to injury, or forms of physical restraint, or corroborative third party testimony, that would point strongly toward a finding of non-consent to sexual intercourse.  </p>
<p>No To Rape congratulates the Ministry on the decision regarding the Evidence Act, and urges it to build upon this progress by also repealing Sections 375(4) and 376A(5) of the Penal Code.</p>
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		<title>&#8220;Two Views of Rape&#8221;: Guest post on SlutWalk Singapore</title>
		<link>http://www.notorape.com/blog/2011/10/22/two-views-of-rape-guest-post-on-slutwalk-singapore/</link>
		<comments>http://www.notorape.com/blog/2011/10/22/two-views-of-rape-guest-post-on-slutwalk-singapore/#comments</comments>
		<pubDate>Fri, 21 Oct 2011 19:42:33 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Blogs]]></category>
		<category><![CDATA[Events]]></category>
		<category><![CDATA[Marital Rape]]></category>
		<category><![CDATA[Rape]]></category>

		<guid isPermaLink="false">http://www.notorape.com/?p=1032</guid>
		<description><![CDATA[SlutWalk Singapore is holding a series of events to combat sexual violence in Singapore and the social attitudes that often prevent rape survivors from being taken seriously when they speak about their experiences. No To Rape has contributed a guest blog post on marital rape to the SlutWalk site. Some rapes, the law says, don’t [...]]]></description>
			<content:encoded><![CDATA[<p><a href=http://slutwalksg.com/>SlutWalk Singapore</a> is holding a series of events to combat sexual violence in Singapore and the social attitudes that often prevent rape survivors from being taken seriously when they speak about their experiences.  No To Rape has contributed <a href=http://slutwalksg.com/2011/10/22/two-views-of-rape/>a guest blog post</a> on marital rape to the SlutWalk site.</p>
<blockquote><p>Some rapes, the law says, don’t really count.</p>
<p>To understand this, we need to recognise that there are broadly two, incompatible, ways of looking at rape.</p>
<p>The first takes seriously the fundamental right of all people to the ownership of their bodies. There are no exceptions. Every person, of any gender or marital status and regardless of anything in their character or personal history, has a right to the absolute final say on what, if anything, is put into their bodies. A rapist’s physical acts are a forcible assertion of the right to make this decision for someone else. This is inherently violent, even if there are no further blows (though there often are). Rape is best thought of not as “sex gone wrong”, but as a beating, carried out with a sexual organ rather than a fist. This point of view is championed by – among others – No To Rape, the campaign to abolish marital immunity for rape in Singapore.</p></blockquote>
<p>Click through to <a href=http://slutwalksg.com/2011/10/22/two-views-of-rape/>read the rest of the post</a>, as well as the many other perspectives offered by a diverse range of bloggers.</p>
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		<title>The Church&#8217;s Response to Violence in the Home: a seminar at Kampong Kapor Methodist Church</title>
		<link>http://www.notorape.com/blog/2011/09/26/the-churchs-response-to-violence-in-the-home-a-seminar-at-kampong-kapor-methodist-church/</link>
		<comments>http://www.notorape.com/blog/2011/09/26/the-churchs-response-to-violence-in-the-home-a-seminar-at-kampong-kapor-methodist-church/#comments</comments>
		<pubDate>Mon, 26 Sep 2011 15:12:37 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Events]]></category>
		<category><![CDATA[Marital Rape]]></category>
		<category><![CDATA[Religion]]></category>

		<guid isPermaLink="false">http://www.notorape.com/?p=1021</guid>
		<description><![CDATA[On 7 August 2011, Mr Benny Bong, a Family and Marital Therapist, and a speaker at No To Rape&#8217;s 2009 seminar, facilitated a seminar on &#8220;The Church&#8217;s Response to Violence in the Home&#8221;. This seminar was held at Kampong Kapor Methodist Church, which Mr Bong is a member of. Dr Ngiam Tee Liang, a Professor [...]]]></description>
			<content:encoded><![CDATA[<p>On 7 August 2011, Mr Benny Bong, a Family and Marital Therapist, and a speaker at <a href=http://www.notorape.com/seminar/>No To Rape&#8217;s 2009 seminar</a>, facilitated a seminar on &#8220;The Church&#8217;s Response to Violence in the Home&#8221;.  This seminar was held at Kampong Kapor Methodist Church, which Mr Bong is a member of.  Dr Ngiam Tee Liang, a Professor in the NUS Department of Social Work, moderated the session.</p>
<p>Mr Bong presented statistics from the Society Against Family Violence &#8211; National University of Singapore (SAFV-NUS) study on the prevalence of Violence Against Women, which, in 2009, surveyed a random sample of women in Singapore.  9.2% of survey respondents indicated that they had been a victim of physical and/or sexual violence.  There was no overrepresentation of family violence by race or religion, although anecdotal data suggested that Indian victims of family violence are more likely to seek help compared to victims of other races, thus giving the impression that family violence is a bigger problem in the Indian community.  Interestingly enough, a disproportionate number of victims had university and post-graduate qualifications, which goes against the notion that better educated women are less prone to experience partner abuse.</p>
<p>Mr Bong stated that spousal violence is, without exception, against Christian values. He then showed <a href=http://www.crosswalk.com/news/domestic-violence-within-the-church-the-ugly-truth-11602500.html>some statistics</a> on responses that pastors in the US gave to their members about how they counselled wives of abusive husbands. In this example, 26% of respondents said they would tell the victims to continue to submit to their husbands, 25% of respondents implied that abuse was the victim&#8217;s fault, and 50% said the victim should be willing to tolerate some level of violence because it is better than divorce. Mr Bong said that these responses place victims at great risk and discouraged them from seeking help. He emphasised that the safety of the victim should take precedence over all other concerns; people who are currently propagating unhelpful views about domestic violence should stop the three traditional responses of denial, minimization and blame, and support victims&#8217; rights instead. </p>
<p>He also discussed the difficulty of identifying victims in the first place, especially victims of psychological violence without physical violence, and suggested that the best way to get them to come forward is to proactively reach out to women in the community, for instance by handing out pamphlets on domestic violence, so that victims will realise that help is available. </p>
<p>Regarding the issue of pre-marital counselling as a way to reduce incidence of violence in marriages, Mr Bong said that the Syariah Court mandates pre-marriage classes for couples who intend to enter Muslim marriages, and the syllabus includes how to have better communication and conflict resolution. However, for civil marriages, pre-marital counselling is not compulsory. Thus, the only organisations which can require couples to attend pre-marital counselling are religious organisations. Mr Bong mentioned that many churches require their members to go through pre-marriage classes if they want to get married by the pastor in the church, but these classes often do not deal with domestic violence.</p>
<p>Mr Bong concluded by saying that the Church should provide protection to domestic violence victims by telling victims that they do not deserve to be badly treated and admonishing perpetrators to stop using violence. There should also be provision for the practical needs of victims by working with community agencies such as police and shelters. Finally, more work needs to be done to reach out to victims in some churches who may face lack of support from their church leaders and congregation.</p>
<p>&#8212;</p>
<p>If you or someone you know are at risk of, or are experiencing domestic violence, help is available. The AWARE website contains resources (including details of a helpline and support service) for those facing <a href=http://www.aware.org.sg/resources/information/abusive-relationships/>abusive relationships</a> and/or <a href=http://www.aware.org.sg/resources/information/rape/help-for-rape-victim/>rape and sexual assault</a>.  Information on free legal clinics in Singapore is available <a href=http://legalclinics.sg/>here</a>.</p>
<p>&#8212;</p>
<p>No To Rape would like to thank Kampong Kapor Methodist Church for inviting the team to the seminar.</p>
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		<title>Help for rape victims</title>
		<link>http://www.notorape.com/blog/2011/08/14/help-for-rape-victims-2/</link>
		<comments>http://www.notorape.com/blog/2011/08/14/help-for-rape-victims-2/#comments</comments>
		<pubDate>Sun, 14 Aug 2011 11:20:17 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Marital Rape]]></category>
		<category><![CDATA[Rape]]></category>
		<category><![CDATA[Resources]]></category>

		<guid isPermaLink="false">http://www.notorape.com/?p=1010</guid>
		<description><![CDATA[If you or anyone you know has experienced sexual assault, at the hands of a spouse or anyone else, help is available to you. AWARE has put together some useful information explaining what medical and other services are available, and what can be done to assist the police in investigating the case. (A PDF information [...]]]></description>
			<content:encoded><![CDATA[<p>If you or anyone you know has experienced sexual assault, at the hands of a spouse or anyone else, help is available to you.  <a href=http://www.aware.org.sg>AWARE</a> has put together <a href=http://www.aware.org.sg/resources/information/rape/help-for-rape-victim/>some useful information</a> explaining what medical and other services are available, and what can be done to assist the police in investigating the case.  (A PDF information sheet can be found <a href=http://www.aware.org.sg/wp-content/uploads/Sexual-Assault-Information.pdf>here</a>.)  AWARE also runs a confidential, specialised <a href=http://www.aware.org.sg/support-services/sabs/>Sexual Assault Befrienders Service</a> which you can contact by phone or email if you need to talk about sexual assault.  </p>
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		<title>Marital rape and CEDAW</title>
		<link>http://www.notorape.com/blog/2011/08/02/1006/</link>
		<comments>http://www.notorape.com/blog/2011/08/02/1006/#comments</comments>
		<pubDate>Tue, 02 Aug 2011 15:44:54 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[International]]></category>
		<category><![CDATA[Marital Rape]]></category>

		<guid isPermaLink="false">http://www.notorape.com/?p=1006</guid>
		<description><![CDATA[Singapore is a party to the Convention On The Elimination Of All Forms Of Discrimination Against Women (CEDAW), an international treaty, and as a result the state regularly reports to the United Nations CEDAW Committee. This happened most recently in July 2011. Various NGOs including AWARE also submitted shadow reports to the Committee. AWARE&#8217;s report [...]]]></description>
			<content:encoded><![CDATA[<p>Singapore is a party to the Convention On The Elimination Of All Forms Of Discrimination Against Women (CEDAW), an international treaty, and as a result the state regularly reports to the United Nations CEDAW Committee.  This happened most recently in July 2011.  Various NGOs including <a herf=http://www.aware.org.sg>AWARE</a> also submitted shadow reports to the Committee.  AWARE&#8217;s <a href=http://www.aware.org.sg/wp-content/uploads/cedaw-report-only.pdf>report</a> includes the following references to marital rape and No To Rape:<br />
<blockquote>
<p>19.23 Singapore&#8217;s Fourth Periodic Review to CEDAW 2008 highlights the amendment to the Penal Code that has criminalized forced sex on a spouse under certain circumstances, e.g. in cases where a Personal Protection Order (PPO) was issued against the offending spouse. While a step in the right direction, it is submitted that this does not go far enough. In fact, the CEDAW Committee&#8217;s Concluding Comments voiced some concern for the recognition of marital rape as a crime in such &#8216;narrowly defined circumstances&#8217;.</p>
<p>19.24 AWARE, in its previous shadow report discussed this discriminatory provision that denies all married women full recourse for the criminal offence of rape merely by virtue of the fact that her husband is the perpetrator. The amendment that came into force in February 2008 clearly does not go far enough as many women might not be aware or able to get PPOs, and therefore effectively these women will have no legal recourse. It is time that protection and recourse to rape be provided for all women irrespective of marital status.</p>
<p>19.25 In December 2009, a petition with 3,609 signatures was submitted to the Prime Minister&#8217;s office by the &#8216;No To Rape&#8217; online petition coordinator, a group of &#8216;concerned Singaporeans who have come together for the single purpose of promoting change on this issue.&#8217;</p></blockquote>
<p>The United Nations Committee has considered the submissions of the government and NGOs and issued a <a href=http://www.aware.org.sg/2011/08/un-comments-on-singapores-compliance-with-cedaw/>statement</a>, which also includes remarks on marital rape:<br />
<blockquote>
<p>The Committee expresses its concern at the persistence of violence against women in the State party, in particular, domestic and sexual violence, which remains, in many cases, under-reported. While welcoming the amendments to the Penal Code in 2008 on the criminalization of rape of a spouse, the Committee is concerned that it only applies when the perpetrator and the victims are living apart and are in process of termination of their marriage, and if the victim applied for a personal protection order.</p>
<p>The Committee urges the State party to:</p>
<p>(a)	Review its Penal Code and Criminal Procedure Code in order to specifically criminalize domestic violence and marital rape, and ensure that the definition of rape covers any non-consensual sexual act;</p>
<p>(b)	Provide mandatory training for judges, prosecutors and the police on the strict application of legal provisions dealing with violence against women and train police officers on procedures to deal with women victims of violence;</p>
<p>(c)	Encourage women to report incidents of domestic and sexual violence, by de- stigmatizing victims and raising awareness about the criminal nature of such acts;</p>
<p>(d)	Provide adequate assistance and protection to women victims of violence, by strengthening the capacity of shelters and crisis centres, and enhancing cooperation with NGOs providing shelter and rehabilitation to victims; and</p>
<p>(e)	Collect statistical data on domestic and sexual violence disaggregated by sex, age, nationality and relationship between the victim and perpetrator.</p></blockquote>
<p>No To Rape welcomes AWARE&#8217;s and the Committee&#8217;s call to change the law so that all women enjoy protection from sexual violence regardless of their marital status or their relationship with the perpetrator.</p>
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		<title>Competing visions of marriage in Islam</title>
		<link>http://www.notorape.com/blog/2011/06/24/competing-visions-of-marriage/</link>
		<comments>http://www.notorape.com/blog/2011/06/24/competing-visions-of-marriage/#comments</comments>
		<pubDate>Thu, 23 Jun 2011 17:02:27 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Marital Rape]]></category>
		<category><![CDATA[Resources]]></category>

		<guid isPermaLink="false">http://www.notorape.com/?p=998</guid>
		<description><![CDATA[In response to the recent news about a possible Singaporean branch of the Obedient Wives Club, Mohamed Imran Mohamed Taib has written an interesting article on competing visions of marriage in Islam. In it he discusses their implications for various issues including marital rape. The first vision he discusses is traditionalist: &#8230;marriage is primarily seen [...]]]></description>
			<content:encoded><![CDATA[<p>In response to the recent news about a possible Singaporean branch of the Obedient Wives Club, Mohamed Imran Mohamed Taib has written an <a href=http://www.aware.org.sg/2011/06/reclaim-islam-message-equality/>interesting article</a> on competing visions of marriage in Islam.  In it he discusses their implications for various issues including marital rape.  The first vision he discusses is traditionalist:<br />
<blockquote>
<p>&#8230;marriage is primarily seen not as a fulfillment of mutual love and respect, but as a set of duties and obligations. The man, as the absolute leader of the family, is entitled to absolute obedience from the woman. Any form of denying or subverting the authority of the husband may constitute <em>nushuz</em> (‘rebellion’).</p>
<p>This, inadvertently, includes the authority and right for men to demand sex, even if she refuses.</p>
<p>Such writings, which advocate the absolute submission of wives, are by no means rare. They form part of the episteme of traditionalist Islam. The popularity of books like Tohfa-e-Doulhan (Gift For The Bride), sold in local bookstores, obviously latches on to this dominant orientation as much as it seeks to entrench patriarchy through religious discourse. This is the crisis of traditionalist thought in Muslim jurisprudence.</p></blockquote>
<p>He contrasts this to the views of many thinkers among Muslims all over the world, who understand Islam to promote an &#8220;egalitarian message&#8221;:<br />
<blockquote>
<p>A notable Muslim jurist, Professor Khaled Abou El Fadl, brilliantly dissected such problems in contemporary Muslim discourse on gender in his book, Speaking In God’s Name: Islamic Law, Authority &#038; Women (2001).</p>
<p>Scholars like him have identified the prevalence of the language of ‘obedience’ as an example of how the Muslims’ religious discourse on gender is in serious need of reform. This is a task that has been undertaken by contemporary reformists such as Ziba Mir Hosseini (Iran), Asma Barlas (USA), Riffat Hassan (Pakistan), Farid Esack (South Africa), Asghar Ali Engineer (India), KH. Hussein Muhammad (Indonesia), Nawal El Saadawi (Egypt), Fatima Mernissi (Morocco) and countless others.</p>
<p>In their progressive interpretation of Islam, a woman’s ‘obedience’ is owed directly to God as a principle of<em> tawheed</em> (monotheism), and not via ‘obedience’ to the male/husband.</p>
<p>They also highlighted that marriage is based on the equality of men and women, and, as specified in the Qur’an, “so that you may dwell in tranquility” and develop “deep feelings of love and mercy” (Q.30:21). Furthermore, roles and responsibilities are to be negotiated in mutual trust and respect, and are not pre-determined by God.</p>
<p>What is important is that their vision is grounded in the same sacred sources of the Qur’an and Hadith (prophetic traditions). Unfortunately, these perspectives have often been neglected and sometimes outright rejected in the name of an ossified and fossilised ‘Islam’.</p>
<p>The recent sensational news about the formation of the OWC provides an opportunity to open up discussion about one of the most taboo topics in public discourse – sex in marital life.</p>
<p>For reform-minded gender activists, this is the time to seize the moment and correct centuries-old assumptions about gender roles and relations – from issues of reproductive rights, inheritance law to marital rape.</p>
<p>It is also an opportunity to highlight the limits of traditionalist thought in properly diagnosing social issues and problems. For Muslims in particular, it is time for critical self-reflection, for reclaiming the egalitarian message of Islam, and for repositioning women as equally dignified partners in all spheres of life, marital relations included. It is time for a new gender discourse to take shape in the community.</p></blockquote>
<p>It is also worth noting the statement of Muis (dated 17 June 2011) in response to the Obedient Wives Club  (emphasis added by us):<br />
<blockquote>
<p>Muis disagrees with the basis or objectives of the aforementioned Club as reported by the media.</p>
<p>The Club’s view that a satisfying sex life is the main solution to solving marital and social problems in the community is one that is myopic, and does not accurately portray the complexity of the problems faced by married couples. Such simplistic view is in fact demeaning to women and the institution of marriage and family which are held in high esteem in Islam. </p>
<p> [...] Happiness in a marriage goes beyond receiving sexual fulfillment from one’s wife.  The Prophet himself (Peace be upon him) taught Muslims to engage in spousal sexual relations in a manner that is full of love and respect towards each other. This is because sexual relations are a form of <em> ibadah </em> (blessed deed in Islam) which <strong>requires consent and willingness from both parties</strong>. </p></blockquote>
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		<title>Getting a Personal Protection Order (PPO)</title>
		<link>http://www.notorape.com/blog/2011/06/03/getting-a-personal-protection-order-ppo/</link>
		<comments>http://www.notorape.com/blog/2011/06/03/getting-a-personal-protection-order-ppo/#comments</comments>
		<pubDate>Fri, 03 Jun 2011 07:35:53 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Legal]]></category>
		<category><![CDATA[Marital Rape]]></category>
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		<guid isPermaLink="false">http://www.notorape.com/?p=993</guid>
		<description><![CDATA[No To Rape calls for all instances of marital rape to be treated as &#8220;rape&#8221; under the Penal Code (or &#8220;sexual penetration of a minor&#8221;, where the victim is under 16). At the moment, this only happens if the victim has previously made applications for certain orders against their spouse. One of these is the [...]]]></description>
			<content:encoded><![CDATA[<p>No To Rape calls for all instances of marital rape to be treated as &#8220;rape&#8221; under the Penal Code (or &#8220;sexual penetration of a minor&#8221;, where the victim is under 16).  At the moment, this only happens if the victim has previously made applications for certain orders against their spouse.  One of these is the Personal Protection Order (PPO).</p>
<p><a href=http://www.aware.org.sg>AWARE</a> have put together <a href=http://www.aware.org.sg/2011/05/getting-a-personal-protection-order/>a helpful guide on PPOs</a> which tells you where you can apply for them and what to do if they are not followed.  Although you do not need a lawyer for a PPO, there is also advice on who you can contact if you do need legal help.</p>
<p>If you believe you (or anyone in your family) is at threat of violence from another family member (including your spouse), or a family member (including your spouse) has already committed violence against you (or another family member), it can be helpful to seek a PPO to deter further violence.  You can access the AWARE guide by clicking <a href=http://www.aware.org.sg/2011/05/getting-a-personal-protection-order/>here</a>.</p>
<p>It is not always possible to tell in advance whether a spouse will commit violence, including sexual violence.  Protection should be provided against all acts of abuse, foreseen or unforeseen.  No To Rape believes the law should be changed so that no application for a PPO is necessary to treat marital rape as rape.  With the law as it stands, however, the marital rape exemption is an additional reason why PPOs need to be made as easily accessible as possible, and we thank AWARE for making this useful information available.</p>
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		<title>MCYS response and No To Rape&#8217;s reply</title>
		<link>http://www.notorape.com/blog/2011/03/16/mcys-response-and-no-to-rapes-reply/</link>
		<comments>http://www.notorape.com/blog/2011/03/16/mcys-response-and-no-to-rapes-reply/#comments</comments>
		<pubDate>Wed, 16 Mar 2011 10:34:10 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Letters]]></category>
		<category><![CDATA[Marital Rape]]></category>
		<category><![CDATA[Petition]]></category>
		<category><![CDATA[Updates]]></category>

		<guid isPermaLink="false">http://www.notorape.com/?p=966</guid>
		<description><![CDATA[[Edited on 17 March 2011 to add: A reader has pointed out that No To Rape incorrectly addressed Ms Rahayu Buang of MCYS as "Ms Buang" rather than "Ms Rahayu" in our reply. We are sorry for this error and have emailed Ms Rahayu to apologise. Many thanks to the blog visitor for pointing out [...]]]></description>
			<content:encoded><![CDATA[<p>[<b>Edited on 17 March 2011 to add:</b>  A reader has pointed out that No To Rape incorrectly addressed Ms Rahayu Buang of MCYS as "Ms Buang" rather than "Ms Rahayu" in our reply.  We are sorry for this error and have emailed Ms Rahayu to apologise.  Many thanks to the blog visitor for pointing out our mistake.]</p>
<p>In October 2010 No To Rape made a submission to the Ministry for Community Development, Youth and Sport&#8217;s consultation on proposed amendments to the Women&#8217;s Charter.  We reiterated our call for the complete repeal of Sections 375(4) and 376A(5) of the Penal Code, and also submitted that compulsory marriage preparation courses should emphasise the importance of affirmative consent in all sexual activity.</p>
<p>In November 2010 we received the below response from the Ministry.  The reply that we sent them today is also reproduced below.</p>
<p> To date, given the absence of any reply to the original petition from the Prime Minister&#8217;s Office, this is the fullest statement that we have from the government on the issue of marital rape.  No To Rape is continuing to work at a grassroots level to conduct research and build community report for legislative change.  If you would like to be involved, please do not hesitate to <a href=mailto:notorape@gmail.com>get in touch</a> with us.</p>
<p><span id="more-966"></span></p>
<p>Link to our original submission <a href=http://www.notorape.com/blog/2010/10/05/submissions-to-mcys-on-womens-charter/>here</a>.  This is the response received from the Ministry:<br />
<blockquote>
<p>Dear Sir/Madam</p>
<p>We refer to the submission by No To Rape to MCYS via the REACH website and also to Minister Vivian Balakrishnan on 5 Oct 10 regarding the abolition of marital immunity to rape in Singapore.</p>
<p>2 We note No to Rape&#8217;s views with regard to sections 375(4) and 376A(5) of the Penal Code. The issue of marital rape is an understandably emotive topic. Following substantial consultation and deliberation in 2006 and 2007, the Government had moved to accord wives with greater protection by expanding the circumstances under which marital immunity is lifted, but not to abolish it altogether. This is a balanced and calibrated approach which would ensure that wives who have made clear their intent to withdraw their implicit consent to conjugal relations are protected by the law. Such an approach affords the necessary protection to women whose marriages are, in practical terms, on the verge of a breakdown or have broken down, and who have clearly signalled that they are withdrawing their implicit consent to conjugal relations, so that their husbands are forewarned that marital immunity has been lifted. At the same time, husbands who have entered into sexual activities with their wives on the basis of mutual consent are protected from accusations of rape thereafter.</p>
<p>3 A balance needs to be struck between various interests, such as that of protecting vulnerable women and preserving the institution of marriage. The Government believes that such a balanced and calibrated approach is a better one than abolishing marital immunity altogether and will continue to retain sections 375(4) and 376A(5) in the Penal Code.</p>
<p>4 Public education is key in preventing family violence. MCYS, together with our partners, conducts public education on family violence, including spousal abuse, dating violence, child abuse and elder abuse. The key messages are: Violence is not acceptable and may continue to get worse; seek help early if you are or if you know someone in a violent relationship. The public is also educated on the signs of violence and the help channels which are readily available at their neighbourhood family service centre (FSC) or family violence specialist centre. In addition, efforts are also made to provide skills on conflict resolution and building healthy relationships, and strengthening families to better cope with stresses without resorting to violence.</p>
<p>5 On your suggestion that compulsory marriage preparation courses should emphasise the importance of affirmative consent in all sexual activity, we will consider this suggestion when evaluating the content of the courses.</p>
<p>6  We wish to thank No To Rape for taking the time and effort to submit the feedback.</p>
<p>Rahayu Buang (Ms), Senior Assistant Director (Family Policy), Ministry of Community Development, Youth and Sports</p></blockquote>
<p>This is the reply that No To Rape sent today:<br />
<blockquote>
<p>Dear Ms Buang</p>
<p>No To Rape would like to thank you and the Ministry for responding to our submission of 5 October 2010. We are heartened by your consideration of our suggestion that the importance of affirmative consent be a component of marriage preparation courses. However, we are disappointed that the Ministry supports the retention of Sections 375(4) and 376A(5) of the Penal Code. In our view, marital rape is not simply an “emotive topic”, but an unacceptable form of violence which threatens the physical security and psychological well-being of married women.</p>
<p>We are troubled by your statement that only women who have taken the specific steps listed in those subsections have “made clear their intent to withdraw their implicit consent to conjugal relations”. We urge the Ministry to consider what this means, concretely and in practice, for married couples. It means that where a woman says, “No, I do not want to have sex tonight”, or “No, I do not want to have sex unless you wear that condom”, or gives any other direct indication of non-consent, she will still be understood by the law not to have “made [it] clear”. It means that unless a wife makes certain legal applications against her husband, she is obligated to have sex with him whenever he chooses – regardless of her physical condition or her own wishes, and in particular regardless of the threat of unwanted impregnation or a sexually transmitted infection.</p>
<p>We agree with the Ministry that balance is important. However, we submit that the complete removal of Sections 375(4) and 376A(5) would allow a fuller and fairer balance to be struck between the interests of complainants in protection from sexual violence, and rights of defendants to the due process of law. In every matter of criminal law, the police, the Attorney-General’s Chambers and the courts must consider all the available evidence, including the credibility of the complainant’s and defendant’s accounts, before a defendant can be charged, prosecuted or convicted. Under our proposal, this multi-layered safeguard would continue to apply to all instances of alleged marital rape. By contrast, at the moment, Sections 375(4) and 376A(5) create an imbalance by providing a blanket immunity which applies in every case regardless of the specific facts. They settle the question conclusively, dismissing all complaints of sexual violence as not amounting to “rape”, however forceful the non-consensual penetration, and however clear or overwhelming the evidence of non-consent. This applies even in cases such as PP v. N (1999), where the court concluded on the evidence that a man tied his wife up and forced her to have sex with him. Despite the changes to the law considered in 2006 and 2007, a case similar to PP v. N would still fall within Sections 375(4) and 376A(5) – and therefore not be treated as marital rape – today.</p>
<p>We note that Section 376 of the Penal Code, which criminalises non-consensual anal or oral penetration, as well as the non-consensual penetration of a woman’s vagina by parts of the body other than the penis, are not subject to any marital exemption whatsoever, although this provision carries the same penalty as those in contention. We struggle to understand why the police, the Attorney-General’s Chambers and the courts are assumed by the law and the Ministry to be less able to thoroughly and fairly consider evidence of non-consensual penile-vaginal penetration than of any other form of forced sexual penetration. We urge the Ministry to reconsider the issue of marital immunity for rape in light of the experience of Section 376 and the application of that section to all marital relationships in all circumstances.</p>
<p>Thank you for your attention. Please do not hesitate to contact us if you would like further information.</p>
<p>Best regards<br />Jolene Tan, Mark Wong and Wong Pei Chi<br />The No To Rape core team</p></blockquote>
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		<title>Submissions to MCYS on Women&#8217;s Charter</title>
		<link>http://www.notorape.com/blog/2010/10/05/submissions-to-mcys-on-womens-charter/</link>
		<comments>http://www.notorape.com/blog/2010/10/05/submissions-to-mcys-on-womens-charter/#comments</comments>
		<pubDate>Tue, 05 Oct 2010 13:06:28 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Actions]]></category>
		<category><![CDATA[Marital Rape]]></category>
		<category><![CDATA[Resources]]></category>

		<guid isPermaLink="false">http://www.notorape.com/?p=950</guid>
		<description><![CDATA[The Ministry for Community Development, Youth and Sport is seeking feedback on proposed amendments to the Women&#8217;s Charter. Below is the submission made by No To Rape today. &#8212;&#8212;&#8212;&#8212;&#8212;&#8211; 1. Background 1.1 No To Rape is a volunteer-led campaign calling for the total abolition of marital immunity for rape in Singapore. No To Rape seeks [...]]]></description>
			<content:encoded><![CDATA[<p>The Ministry for Community Development, Youth and Sport is <a href=http://app1.mcys.gov.sg/MCYSNews/FeedbackonproposedamendmentsforWomensCharter.aspx>seeking feedback</a> on proposed amendments to the Women&#8217;s Charter.  Below is the submission made by No To Rape today.</p>
<p>&#8212;&#8212;&#8212;&#8212;&#8212;&#8211;</p>
<p><b>1. Background</b><br />
<blockquote>
<p>1.1  No To Rape is a volunteer-led campaign calling for the total abolition of marital immunity for rape in Singapore. No To Rape seeks the complete repeal of Section 375(4) and Section 376A(5) of the Penal Code, so that all instances of non-consensual penetration of a woman’s vagina by a man’s penis constitute the offence of rape.</p>
<p>1.2 About 50 individuals from a range of racial and religious backgrounds have worked on No To Rape. The core team, responsible for management and funding, are Koh Wei Jie, Jolene Tan, Mark Wong and Wong Pei Chi. Opinions in this submission are those of the core team alone. Further information can be found at http://www.NoToRape.com/ and the core team can be contacted at notorape@gmail.com.</p>
<p>1.3 In 2009, No To Rape submitted to the Prime Minister a petition carrying more than 3,600 signatures by Singapore citizens and Permanent Residents in support of this legislative amendment. Notable signatories include:<br />
<blockquote>
<p>1.3.1 Academics: Dr Kenneth Paul Tan, Lee Kuan Yew School of Public Policy; Professor Chua Beng Huat, NUS Sociology Department; Professor Kumaralingam Amirthalingam, NUS Law Faculty.</p>
<p>1.3.2 Marriage counselors and social workers: David Blakely, President of the Singapore Association for Counselling; Benny Bong, President of the Society Against Family Violence.</p>
<p>1.3.3 Former NMPs: Kanwaljit Soin; Braema Mathi; Siew Kum Hong.</p></blockquote>
<p>1.4 This petition was endorsed by the Association of Women for Action and Research and by MARUAH, the Singapore working group for an ASEAN human rights mechanism. A statement of support was also received from Trinity Theological College.</p></blockquote>
<p><b>2.  Submission</b></p>
<p>2.1 No To Rape welcomes the move by the Ministry to review the Women’s Charter and update the statutory and other legal provisions governing marital and other familial relations.<br />
<blockquote>
<p>2.2 The Women’s Charter plays an important role in ensuring that situations of familial conflict are regulated to safeguard the security and well-being of all members of those families in Singapore that fall within its remit. (We note the exception of marriages between Muslims from the scope of the Charter.) In particular, it reflects an understanding of the position of physical vulnerability and economic dependence in which individuals may find themselves in relation to other family members, and of the corresponding need for robust state protection and legal recourse against familial abuse.</p>
<p>2.3 It is submitted that Section 375(4) and Section 376A(5) of the Penal Code should be repealed on the grounds that they undermine this important purpose, by creating immunity against criminal prosecution in the case of sexual violence perpetrated by men against their wives under specific conditions. These statutory provisions exempt non-consensual penetration by a man, with his penis, of a woman’s vagina, provided that the man and the woman are married to each other, unless certain limited conditions have been met (e.g. there has been an application for divorce, separation or a PPO, or a written separation agreement has been signed).</p>
<p>2.4 These provisions are inconsistent with the spirit of the Women’s Charter, which reflects the understanding that there exist difficult and unfortunate circumstances where, despite the existence of familial relations and the formal ties of marriage, a spouse may require the law to protect him or her from the abusive actions of his or her spouse. Neither these abusive actions nor their impact upon their victims are dependent on whether any application for divorce, separation or a PPO has yet been filed. Section 375(4) and 376A(5) deprive the police, the Ministry, the Attorney-General’s Chambers and the courts of Singapore of an important option when these agencies consider their response to such abuse.</p>
<p>2.5 In particular, as a result of Section 376A(5), marital immunity for rape applies even in the case of adult men who  non-consensually penetrate their wives, where those wives are under the age of 16. In those cases, it is extremely likely that the wife lives under conditions of physical, economic and social vulnerability vis-à-vis her husband, and the expectation that she should take steps to apply for a divorce, separation or PPO before she qualifies for legal protection from violence is particularly burdensome and unrealistic.</p>
<p>2.6 International studies (such as those <a href=http://app.mcys.gov.sg/web/corp_press_story.asp?szMod=corp&#038;szSubMod=press&#038;qid=5093>presented at the Ministry’s Family Violence Symposium of 2009</a>) also indicate the prevalence of family abuse, including sexual abuse, against people with disabilities. The Ministry is urged to consider the particular impact of the requirements of Section 375(4) and 376A(5) (in terms of applying for divorce, separation or a PPO) on women with disabilities who experience sexual violence from their husbands.</p>
<p> 2.7 Public opinion in Singapore is consistent with our recommendation. A 1993 report “Social Definitions of Family Violence in Singapore” by Choi, A. and Edleson, J L, surveyed the attitudes of 510 Singapore residents and found the following:<br />
<blockquote>
<p>2.7.1 95% disapproved or strongly disapproved of the use of force by a husband if his wife refused to have sex.</p>
<p>2.7.2 74% considered having sex with one’s wife against her will to be assault. 93% considered assaulting one’s wife to be a crime.</p>
<p>2.7.3 69% considered having sex with one’s wife against her will to involve the ‘major’ use of force. An overwhelming majority — 83.8% — favoured police intervention (ranging from warning to charging to arresting the husband) in even a first-time ‘major’ assault.</p>
<p>2.7.4 Only 11.7% considered that judges should treat wife assaults less seriously than other personal assaults. 53.4% thought they should be treated equally seriously, and 34.6% thought wife assaults should be treated more seriously.</p></blockquote>
<p>2.8 Where it is not possible to prove non-consensual penetration to the criminal standard of ‘beyond reasonable doubt’ in a court of law, the exercise of prosecutorial discretion and/or judicial scrutiny is the appropriate mechanism for preventing any miscarriage of justice. By contrast, the existing statutory immunity is an unnecessary barrier to appropriate prosecutions and convictions even where the evidence is sufficient to meet that standard.</p>
<p>2.9 In addition, it is submitted that the proposed introduction of Section 12A presents a timely opportunity for further preventative action against sexual violence between spouses. The Ministry is urged to ensure that all marriage preparation courses completed in satisfaction of this new requirement equip the prospective couple with a thorough understanding of the importance of affirmative consent in any sexual activity within their marriage. Specifically, couples should be encouraged to recognise that:<br />
<blockquote>
<p>2.9.1 Sexual activity should only take place when it is mutually and freely consented to by both spouses and in the absence of any coercion, whether this coercion takes physical, emotional, economic or other forms.</p>
<p>2.9.2 If one party is in doubt at any time as to the wishes or consent of their spouse regarding sexual activity, they should actively seek clarification.</p>
<p>2.9.3 Proceeding with sexual activity when one spouse has not given clear consent amounts to violence, which is punishable under the Penal Code.</p>
<p>2.9.4 A party who has been subjected to sexual violence from his or her spouse can seek help through applying for a PPO or making a police complaint. This is a valid self-protective measure to take, and should not be regarded as a betrayal, shame or failure.</p></blockquote>
<p>2.10 It is noted that Section 12A is expected to apply, in particular, to marriages where at least one party is a minor (<a href=http://www.reach.gov.sg/Portals/0/E-Consultation/Consultation_Paper_on_the_Proposed_Women_Charter_Amendments.pdf>Consultation Paper</a>). The recommendation in 2.9 above is particularly germane in view of the particular vulnerabilities of minor spouses discussed at 2.5 above.</p></blockquote>
<p><b>3. Conclusion</b></p>
<blockquote><p>3.1 It is submitted that the Women’s Charter (Amendment) Bill represents a timely opportunity to fully repeal Section 375(4) and Section 376A(5) of the Penal Code, so that all instances of non-consensual penetration constitute the offence of rape, in keeping with the humane and pragmatic purposes of the Women’s Charter.</p>
<p> 3.2 Compulsory marriage preparation courses should emphasise the importance of affirmative consent in all sexual activity. This will promote better marital relations, help to prevent future sexual violence within marriages, and also better equip victims to seek timely assistance should such violence nevertheless occur.</p></blockquote>
<p>&#8212;&#8212;&#8212;&#8212;&#8212;&#8211;</p>
<p>Please consider making a submission to MCYS in support of our proposals.  You can do so through <a href=http://app.reach.gov.sg/olcp/asp/ocp/ocp01d1.asp?id=6204>the REACH website</a> until 24 October.</p>
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		<title>Letter to Her World (February 2010)</title>
		<link>http://www.notorape.com/blog/2010/03/24/letter-to-her-world-february-2010/</link>
		<comments>http://www.notorape.com/blog/2010/03/24/letter-to-her-world-february-2010/#comments</comments>
		<pubDate>Wed, 24 Mar 2010 11:40:13 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Letters]]></category>
		<category><![CDATA[Marital Rape]]></category>
		<category><![CDATA[Media]]></category>
		<category><![CDATA[Update]]></category>

		<guid isPermaLink="false">http://www.notorape.com/?p=935</guid>
		<description><![CDATA[By way of update, the No To Rape blog has been silent because the public petition drive has ended, but please be assured that we are continuing to work in other ways to push for the repeal of marital immunity for rape. Anyone who would like to be part of the team is more than [...]]]></description>
			<content:encoded><![CDATA[<p>By way of update, the No To Rape blog has been silent because the public petition drive has ended, but please be assured that we are continuing to work in other ways to push for the repeal of marital immunity for rape.  Anyone who would like to be part of the team is more than welcome to <a href=mailto:notorape@gmail.com>get in touch</a>.</p>
<p>For now, though, here is some wonderful news.  You may remember that <a href=http://www.notorape.com/blog/2009/11/12/her-world-interview-available-online/>Her World</a> ran an excellent article on marital rape last year, featuring interviews with women who had experienced marital rape and also the No To Rape campaign.  One reader&#8217;s response to this article was published as a letter in the February issue of Her World.  No To Rape wishes her friend the very best.<br />
<blockquote>
<p>Sometimes life plays its own tune and forces us to dance on it. My closest friend is a victim of marital rape and when she was hospitalised after the traumatic episode; your issue came just in time.</p>
<p>I have no words to explain how much your article on Marital Rape helped her. We advised her that she should report this matter to the police but as usual she just turned a deaf ear. But, this article changed her perspective, so much so, that she called me instantly to ask if I could come with her to the police station. I am happy that she got an angel in Her World that changed her life remarkably.</p>
<p>I am short of words to explain the joy and sense of relief that I saw in her beautiful green eyes. Today, she gives credit of this grand success to your magazine. She recommends the magazine to everyone and loves it to the core. You guys, helped her sail through the tough and the harsh times.</p></blockquote>
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