Rape Within the Marriage - a poor test case

Submitted by Caleb (United States), Nov 22, 2010 at 06:15

Sweden was the first to introduce a law on rape within the marriage, which it did in the sixties. The US followed suit about twenty years later, State by State. Before that, it was legally impossible for a husband to rape his wife. Criminal prosecution for rape was barred although assault was never permitted.

While this new law did not summon an avalanche of criminal rape cases as was once feared (there would be a reluctance of grand juries to indict) the mere threat of such prosecution serves as a pressure tool in divorce actions which further diminishes the rights of husbands and fathers.

The plain fact is that in this regard, Sharia Law conforms to the traditional, common-law view of marriage which in other contexts Dr. Pipes and other social conservatives would support.

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