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Posts Tagged ‘Marital Rape’

“Violence across all classes”

Wednesday, November 25th, 2009

Only the introduction is available online, but in the Straits Times today there is an article on domestic violence in Singapore. It emphasises that domestic violence affects people across all levels of education and income. According to the article, spousal abuse in which men hurt their wives in the privacy of their homes remains the most common form of family violence in Singapore.

The article also highlights the experiences of Ms Mary Tan, who for more than 30 years endured abuse at the hands of her husband, including frequent beatings and marital rape – once preceded by him forcing her to drink his urine.

Do get a copy of the Straits Times and read the full article if you have the chance.

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Wives under the age of 16

Monday, November 23rd, 2009

A letter by Associate Professor Chan Wing Cheong (who previously kindly spoke at the No To Rape seminar) has been published in the Straits Times Forum. It makes reference to the situation of wives under the age of 16:

The present law is inconsistent in that consensual sex with a girl under the age of 16 is a serious offence under the Penal Code, punishable with imprisonment of up to 10 years and/or a fine, but it is not a criminal offence for a man to have sex with his wife who is at least 13 years old.

If we are concerned about the emotional and physical well-being of young girls engaging in sex, it cannot be right to allow men to have sex with their wives between the ages of 13 and 16, just because they are married to each other. The marriage will most likely have taken place with a foreigner overseas, where marriages with young brides are allowed.

Currently, Section 376A makes it an offence to have sex with any person under the age of 16, whether or not the minor expresses consent. Associate Professor Chan’s letter appears to question the retention of two separate exempions:

(1) Section 376A(4), which grants immunity from this offence when a girl under the age of 16 says “yes” to sex with her husband.

(2) Section 376A(5), which grants immunity from this offence, even in situations where a 13-, 14- or 15-year-old girl has said “no” to her husband.

The current No To Rape petition calls for the complete removal of Section 376A(5). (This is in no way an endorsement of Section 376A(4), which may also require further review.) If you believe that a man should not be able to force an unwilling 13-, 14- or 15-year old wife to have sex, please sign it today, and help to spread the word.

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Inadequacies in protection

Tuesday, November 17th, 2009

Dr Theresa Devasahayam of the Institute of Southeast Asian Studies has written a letter to the Straits Times about family violence.

But the amended charter has its shortfalls. While it protects spouse, former spouse, child, stepchild, adopted child, parents, parents-in-law and any other relative or incapacitated individual who is regarded by the court as a member of the family, couples who live together are excluded.

If the Family Violence Bill was in place, courts would have protected even de facto or common law ‘marriages’ and not ignore them altogether.

The Women’s Charter has another defect. Only the victim can apply for a protection order. In reality, the victim often believes she cannot help herself and, as a result, fails to take any action to end the abusive relationship.

An advantage of the Family Violence Bill would have been that anyone who had reason to believe that family violence (including spousal violence) was being committed could apply for a protection order for the victim.

The Women’s Charter is flawed in another way. The amended charter makes it mandatory not only for the abuser but also the victim to undergo counselling. In contrast, the Family Violence Bill would have reserved mandatory counselling for the abuser only.

Clearly, family violence should be fought on many fronts, as is currently done. But legal reform is also critical to eradicate this social problem. The legal reforms in place to fight family violence are a step forward, but more can be done to ensure gender egalitarianism.

It is interesting to note that for many forms of family violence, as Dr Devasahayam points out, unmarried partners do not enjoy the same protections as married partners or formerly married partners. In the case of rape, conversely, women raped by their unmarried partners benefit from protection which is not extended to women raped by their husbands.

These inconsistencies reflect an incomplete picture of the reality of experiences of violence and suggest that legal public policy approaches need better rationalisation. All kinds of violence should be considered equally severe. At the same time, there are specific issues raised when dealing with forms of violence faced by people tied by shared daily lives and households – for example, an overarching dynamic of domination and control would not exist in a street fight between strangers, but would exist in a couple who lived together, whether or not they were married to each other. More social support might be needed in the second case, for the reasons that Dr Devasahayam puts forward. The recognition of this reality, as reflected in the Women’s Charter, strengthens the case for the abolition of marital immunity for rape.

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Her World interview available online

Thursday, November 12th, 2009

Someone has kindly emailed us to let us know that the Her World feature on marital rape is now available online. Here is an excerpt:

Our marriage was on the rocks because I had just discovered that he had been cheating on me with different women for years. And his ongoing infidelity was slowly ripping us apart with frequent quarrels and scuffles.

One night, he started touching my body, as he always did when he wanted sex.

But sex was the last thing on earth I wanted at the time – I wasn’t even sure exactly how many women he had been with. So I pushed him away. He tried again. And I pushed him away again.

That was when he became frustrated. He climbed on top of me and pressed me down roughly. I struggled but he was stronger than me. He kissed me all over and started to force himself on me.

I was helpless.

When he was done, he simply rolled over to his side of the bed and went to sleep, leaving me feeling traumatised.

Do read the whole thing.

We also recommend getting a hard copy as the feature contains additional information, for example about international approaches to marital rape. It’s appropriate to reward Her World for their coverage of this important issues by buying their magazine.

p.s. Please consider leaving some supportive comments at the site, to encourage the brave woman who shared her story!

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Naming wrongs

Wednesday, November 11th, 2009

We would like to thank the blog Barnyard Chorus for supporting No To Rape, with quite a few posts on the subject of marital immunity for rape. The latest quotes a legal discussion on human rights and argues that full legal recognition of marital rape is necessary for the humane treatment of women:

While disbelief and associated impunity reign, the violated are–systematically and effectively speaking–rendered not fully human legally or socially. When and where this denial is overcome the rights against the extreme and the normal are recognized, the treatment is defined as inhuman and the victims human.

[...] The reason why [opponents of No To Rape] make these arguments is that in their view there is no need for the law to treat the rape of women as the punishable violation of human beings.

We have acknowledged that the abolition of marital immunity alone will not address all the issues raised by marital rape, and the precise criminal justice responses that are appropriate upon conviction should be open for discussion. However, an adequate solution cannot be found unless there is first a complete and honest acknowledgement that marital rape is a wrong, which society – through the law – condemns as criminal.

Many victims of marital rape report an atmosphere of silence and suppression around their experiences, and at our Seminar social worker Benny Bong, President of the Society Against Family Violence, noted that the social denial of the rape and other domestic violence often amounts to further victimisation in and of itself. It is a refusal of the validity and legitimacy of the pain, and the sense of violation, that these women suffer. Little wonder one signatory on our petition has left a message saying that, in the face of the law as it stands, “As a woman myself, I do not feel respected by my country.”

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Marital rape and sex addiction

Wednesday, October 28th, 2009

Earlier this week, the New Paper reported on yet another woman’s account of marital rape:

“My feelings for him died and I didn’t want to have sex with him any more. But he never took no for an answer,” she said.

When she left the marital home, he called her repeatedly to cajole her to return home.

“He said he wanted me to come home to look after the children.

I told him that I would come home only if we had no more relations as husband and wife. He said okay,” she said.

But once she was home, he allegedly went back on his word and forced himself on her again and again. [...]

Lili said she told her husband repeatedly that she wanted a divorce.

But he never agreed to it and continued to force himself on her, she alleged. [...]

“I don’t want to go back to that way of life again, with him forcing himself on me whenever he felt like it. I’m desperate and depressed.”

The article, headlined “Evil hubby or sex addict?”, contains speculation as to whether the husband in question has an addiction to sex.

Committing rape is not in itself necssarily a sign of sex addiction, and someone need not be a sex addict in order to commit rape. The only thing required to become a rapist is the choice to commit rape: to disrespect the wishes of someone else regarding very sensitive areas of their body, and to force yourself upon them without their consent.

In our view, all diagnosed sex addicts – those who commit sexual violence, as well as those who do not – may require medical and other assistance to deal with their condition. At the same time, all rapists – those who are sex addicts, as well as those who are not – should be held accountable for the acts of violence they perpetrate by sexually penetrating unwilling victims.

It is unhelpful to divide those who commit rape into two supposedly exclusive groups of the “evil” and “sex addicts”. Some may be sex addicts, and those need help. But all commit an act of violence, and that act demands strong societal condemnation.

As we have argued before, the criminal law is not the only appropriate response to cases of marital rape, but it needs to be there as one step among many.

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Her World feature on marital rape

Friday, October 23rd, 2009

Her World: November 2009.

November’s issue of Her World is now available at newsstands, and it includes an in-depth interview with a woman who was raped by her husband multiple times. We’re very glad that Her World has chosen to highlight this important issue. Do buy a copy!

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Women with disabilities and minor wives

Thursday, October 22nd, 2009

MCYS has put out a press release which includes details of the National Family Violence Symposium held on Wednesday. One presentation makes particular reference to the position of people with disabilities in the United States (emphases ours):

Studies have long established that people with developmental or other disabilities are disproportionately victimized in the United States. One study found that among adults with developmental disabilities, as many as 83% of females and 32% of males are the victims of sexual assault. Perhaps most astonishingly, 97%-99% of abusers are known and trusted by these victims. Victimization rates for persons with disabilities is highest for sexual assault (more than 10 times as high) and robbery (more than 12 times as high).

There are a number of factors related to the susceptibility to abuse for individuals with disabilities. In addition, there are many existing significant barriers, both real and perceived, that affect vulnerable adults and their interaction with the criminal justice system. These barriers include societal perception of disability, use of appropriate language and current realities for adults and children with disabilities.

Under the Penal Code at the moment, marital rape is excluded from the definition of rape unless the victim had taken certain legal steps, including for example applying for a personal protection order, prior to the assault.

One of the arguments set out in our Petition is that the requirement of making applications for orders, injunctions etc. may be especially difficult to fulfil for minor wives and/or women with disabilities with abusive husbands who are adult and/or able-bodied. Such girls and women are likely to be in a position of dependence – economic, or physical, or both – which makes it much harder for them to cross the extra hurdles put in place before they can seek the protection of the criminal law.

We hope that MCYS and the government will pay close attention to the implications of the presentation for the Penal Code. The situation in the United States may not be directly comparable to the situation in Singapore. But if women with disabilities are especially likely to suffer sexual violence within the home, it becomes even more important that marital immunity for rape be completely abolished.

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Degrees of violation

Tuesday, September 29th, 2009

It is sometimes claimed that because a woman expects to have sex with her husband, and has probably had sex with him before, marital rape is less traumatic, severe or reprehensible than other kinds of rape. This argument is used to justify marital immunity for rape.

Our FAQ points out that there is simply no evidence to support the idea that marital rape causes less distress than other kinds of rape. The impact of sexual violence on physical and psychological well-being depends very much on the individuals involved. The fact that some victims may recover sooner or more easily from an experience than others does not excuse the acts of those who rape.

Case law recognises that consensual sexual intercourse between perpetrator and victim prior to or after an incident of rape does not necessarily mean that the rape is less severe. In PP v Mohammed Liton Mohammed Syeed Malik, the court recognised that a pre-existing sexual relationship between victim and perpetrator was not automatically a mitigating or aggravating factor, but should be considered in all the circumstances of the case to determine its bearing on the seriousness of that case. Sometimes it has no significance at all. The same evidence-based approach should be taken with marital rape.

Rape is not simply a rougher version of ordinary, consensual, mutually respectful sex. It is experienced by its victim as an entirely different act – just as eating a good meal is entirely different from having the same food forced down your throat, or an enjoyable swim is entirely different from someone forcing your head underwater. Expecting to sometimes engage in mutual acts of intimacy with your husband cannot automatically make it less distressing when the same man violates, humiliates and dominates you against your will. The idea is wholly illogical.

The eloquent testimony of the victims featured in Get Rea! demonstrates that victims of marital rape may feel trapped, betrayed, frightened and violated. Both women interviewed feared for their health following the assaults, and one reported contracting a sexually transmitted infection from her husband. ‘Lily’ tells us how the husband who raped her “has cost me a lot. My personality, my life, my marriage, my wasted life.” Once you consider the reality of their experiences, the argument about degrees of violation appears very hollow indeed.

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More messages from the petition

Monday, September 28th, 2009

Thank you to the more than 2,600 who have put their names to our petition, including celebrated poet Lee Tzu Pheng. Signatory Jean Goh observes:

I have heard of friends who have been through many bouts of non-consensual sex with their husband and it was not pleasant for them at all. I believe that this is not to be taken lightly because these victims have nowhere to go for help, especially since the ones harming them are the same ones who have vowed before God to protect them and treat them well. I’ve heard that sex keeps the love alive in marriage, but I don’t think it even works if the man disregards the thoughts and feelings of his wife.

In the week since it was launched, our latest film ad has been watched more than 1,400 times on YouTube. Please continue to spread the word, to help our videos and the campaign reach an even wider audience.

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