Rape within marrige?

[anotheoldgit]

http://tinyurl.com/39gzvn5

'No such thing as rape within marriage', well that is according to this Extreme/moderate, (what the hell take your pick), Muslim.

Agree or disagree?

[zzxxee]

rape is what it is when somebody forces themselves onto an unconsenting person end of

[Barmaid]

Perhaps if you had done it as a poll AOG, lesser mortals would have understood it. We cope better with just ticking a box.

[jake-the-peg]

Thought that might get a bit of a response.

By "End of" you mean la la la fingers in my ears I'm not listening?

Do you think a man who jumps out on a woman on a lonely street drags her into the bushes and rapes her should get the same sentence a man who comes home drunk rapes his wife?

[ummmm]

Don't mock the intelligent AOG.

The question is stupid. Who would possibly agree that there is no such thing as rape within marriage.

A Muslim maybe..!!

[ummmm]

No Jake. I think there is a difference between the two.

[jake-the-peg]

Right - so if the offences are different what's the problem with giving them different names?

[ummmm]

They probably should have different names. Being raped by your husband is still rape though. I'm sure not quite as harrowing as being raped by a stranger where you also fear for your life.

Although in some marriages I'm sure if the Husband is capable of rape....he'll be capable of making his wife fear for her life...

[ummmm]

lol....don't burst his superior bubble Vibes..

[jake-the-peg]

There is a valid argument that they should carry the same name to reinforce the view of the seriousness of rape with marriage/date rape etc.

But to argue that they should not share the same name is not insanely radical and this is at the heart of what he's saying.

However as I say the concern is of the level of seriousness that he implies married rape is

this is the worrying piece:

“It is not an aggression, it is not an assault, it is not some kind of jumping on somebody’s individual right. "

Yes it very definately is!

[sandyRoe]

Sharia courts have been given some authority in 'Family Matters' by the real authorities. As have 'Jewish Courts'.
If the Sharia judge can't see that some behaviour is a crime then how could he ever find for the victim?
There is no place for Sharia law in a liberal country like ours.

[Barmaid]

I agree there is a terminology issue here but I am not sure that the offences are different. The facts of the offence are the same in the sense that a man performs an act of penetration on a woman without her consent or without his reasonable belief in her consent (I don't know the exact statutory wording) - the difference arises in the likely sentence. You could argue that there is a factual difference in the sense that in one case the parties are married and in the other they are strangers, but the difficulty is, there are always going to be factual differences beyond the actual offence to give "degrees", but that is where the sentencing provisions step in.

And yes, there is a definition issue here in Sharia law because their definition of rape is entirely different to ours. On the Sharia definition, presumably a single woman attacked and penetrated by a single man cannot have been "raped". Unless of course their definition of adultery is different (which I rather suspect it is).

[jake-the-peg]

Are the facts between murder and manslaughter that different?

How about the facts between manslaughter and causing death by reckless driving?

[MrsT]

Rape is a crime under islam, by the rapee!

[123everton]

Diagree.
As has been mentioned rape within marriage has only recently entered the law, I can remember well the conversation held within the media about it during my youth.
There seems to be a collective amnesia when it comes to anything Islamic, people seem to forget the journey as a society we've been on and then expect others to be just like us at the drop of a hat.
Especially after we've spent centuries raping and pillaging their countries.
We had an empire that 'civilised the world', the best sermon is a good example, and what an example we've set.

[anotheoldgit]

Just a thought, if there is a difference between rape committed by a stranger to that committed by a husband..........

Then Is there a difference between rape committed by a long term partner to that committed by a husband, or that committed by a stranger?

Murky grounds Watson.

[anotheoldgit]

123everton

Spoken like the true patriot.

The difference is, it took us a few hundred years to build an Empire, and the same amount of time trying to civilise these people.

We are now 65 years on from the end of the Empire, the time in which you said we were uncivilised.

But the ironic thing is some of these countries have still not caught us up, in fact they are still a thousand years behind.

[Answerprancer]

/// perhaps not up to 'chatterbox' standard /// - what's that supposed to mean, git ?

[Barmaid]

I accept the facts between murder, manslaughter and death by dd are not that different. The difference is in the intent.

But AOG has highlighted some of the differences - and then the difficulties. Whilst at one end of the scale you have rape by a complete stranger who say jumps out of the bushes and at the other end you have rape by a drunken husband, it is the bits in the middle where it starts to blur. If there were different offences of say "stranger rape" and "marital rape", where would a casual relationship fit into that? That's why I believe that the way it is in our law is correct. It still begs the question as to whether there can be any crime committed in Sharia law of a husband against his wife irrespective of what it is called.