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marital rape

ID
733

A.S. v. Sweden

A.S.’s husband was mysteriously killed during training with the Iranian Air Force, and the Iranian government subsequently declared him to be a martyr. As the widow of a martyr, A.S. was required to submit to the rigid rules of the Bonyad-e Shahid Islamic society, a foundation which supported and supervised the families of martyrs. In accordance with the aims of Bonyad-e Shahid, a high-ranking leader forced A.S.

Code of Virginia: Rape (Va. Code § 18.2-61)

This Virginia law defines rape as sexual intercourse with a complaining witness, or causing a complaining witness to engage in sexual intercourse with any other person, regardless of the existence of a spousal relationship and such act is accomplished (i) against the complaining witness's will, by force, threat or intimidation of or against the complaining witness or another person; or (ii) through the use of the complaining witness's mental incapacity or physical helplessness; or (iii) with a child under age 13 as the victim.

Cour de Cassation Chambre criminelle, Rejet, 5 septembre 1990, No. 90-83.786

Appellant appealed his indictment for aggravated rape, assault, and torture and acts of barbarism against his wife, arguing that marriage creates a presumption of consent to sexual relations between spouses. The Court found that such a presumption is not conclusive and that Section 332 of the Penal Code, which defines rape as "[a]ny act of sexual penetration, whatever its nature, committed against another person by violence, constraint, threat or surprise," does not exclude the possibility of rape within a marital relationship where there is a lack of consent.

Decision 2012Do14788

After threatening and assaulting the Victim (wife) with a deadly weapon, the Defendant (husband) had violent sexual intercourse with his wife after they had started using separate rooms due to consistent dispute.” The Supreme Court found that the term ‘female’ as the victim of rape as provided by Article 297 of the Criminal Act included the offender’s legally wedded wife and that the crime of rape was established when the husband had sexual intercourse with his wife by disabling or hindering resistance through violence or intimidation in a sustained marriage.

Domestic Abuse (Scotland) Act 2018

The Domestic Abuse Act (Scotland) of 2018 came into force on April 1, 2019. It modifies and expands upon portions of the Criminal Procedure (Scotland) Act of 1995. The act expands the definition of domestic abuse to include psychological abuse and coercive and controlling behavior.  It criminalizes both psychological and physical harm directed to a partner or an ex-partner.

Domestic Abuse Act (Scotland) of 2018

Scotland’s domestic abuse legislation came into force on April 1, 2019.  The statute defines domestic abuse broadly, including both psychological (“fear, alarm and distress”) and physical harm directed to a partner or an ex-partner.  See Section 1.  The statute defines a “partner” as a spouse or civil partner, a person with whom one lives as a spouse, or person with whom one is in an “intimate personal relationship.”  Section 11.2.  Abuse is “violent, threatening, or intimidating” behavior that may consist of controlling a victim’s daily activities, causing

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