Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Friday, January 22, 2010

Easteal: "Marital Rape: Conflicting Constructions of Reality"

Patricia L. Easteal (Univerity of Canberra) has posted "Marital Rape:  Conflicting Constructions of Reality" on SSRN.  Here is the abstract:

Marital rape is one manifestation of violence in the home. It involves more additional injuries than sexual assault by any other type of perpetrator. Yet, there is a dearth of literature in Australia – a silence that appears to have continued despite recent legislative changes that have abolished the immunity of husbands from prosecution for rape.

The current article examines three dimensions of the crime and how they are experienced by the victims and constructed within the courts: incidence, the dynamics or nature, and the effects. Differences are apparent with few rapes prosecuted, the nature of coercion interpreted narrowly by the court without a recognition of the range of duress that can be a part of a violent marriage, and the harms often minimized by judges who see the rapist’s marital tie to his victim as a mitigator. These examples indicate the need for women’s experiences to be validated and their reality reconstructed in the society and in the law.


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