Marital Rape: Intervention Practices

Marital rape is defined as sex without mutual agreement, which can occur through the vagina, anus or even the mouth. The definition is not consistent; it changes from one country to another (Bergen, 1996; Russell, 1990). Marital rape is marked as one of the most widespread ways of violation against women with most studies indicating that victims are legally married couples, those separated, divorced or living together. The basic concept is that the different forms of sexual violence between couples who have lived together for long and those that are married remains the same (Mahoney & Williams, 1998). In as much as no publications of marital rape between gay and lesbian couples have been found, am emergence of such literature is slowly coming up (Bergen & Barnhill, 2006).

The extent of marital rape was brought to light by Diana Russell's research that was done in 1990 in San Francisco. The study interviewed a total of 930 women selected randomly from a well representative community. Rape by intimates was indicated as the most common with an estimation of 10 to 14% of women being married (Finkelhor & Yllo, 1985; Russell, 1990). A different study of Canadian women done by Randall and Haskell (1995) indicted that 30% were sexually violated in their adulthood and by their intimate partners.

In the U.S., more than 7 million women have been victims of marital rape based on the results of study of violence against women to the recent time (Mahoney, Williams & Weast, 2001; Tjaden & Thoennes, 1998). The number of women who continue to become victims of marital rape may be on the rise in the recent time compared to the past reason being that most of them have been victims of physical abuse and for this same reason they are susceptible to become victims of rape (Campbell, 1989; Pence & Paymar, 1993). If the number of women who have been emotionally forced to consent to sex is included then the widespread is even more. Basile (2002) found that marital responsibility forced an estimated number of 34% of women to unwillingly consent to sex.

The reality of marital rape was brought to be in the 1970's but regardless of its widespread, social scientists, practitioners, the criminal justice system, and the whole society has not been able to shed light to this form of violence against women as required (Bergen, 2005). In the present time, some participants still doubt the possibility of raping one's own wife with evidence pointing out that majority rating marital rape as an inferior crime in comparison to other societal forms of rape (Whatley, 2005; Kirkwood & Cecil, 2001). Done among college students, an attitude study indicated that the perception of marital rape scored less in terms seriousness compared to when done by a complete stranger. Only half the population confirmed that a husband is capable of raping his wife (Bergen & Barnhill, 2006).

The content of this paper provides the current knowledge of marital rape in summary. A brief discussion is done on the historical background of marital rape, how marital rape occurs, the effects that are brought about by marital rape and finally how practitioners intervene with survivors in cases of marital rape.

History of marital rape in relation to law

The rise and development of marital rape has been brought to existence by the law society. In ancient past, rape was defined as a sexual intercourse by a male with a female who is not his wife and has done so without her approval (Barshis, 1983). Having sex with their wives without mutual consent was a privilege that most men enjoyed but this definition of rape on the contrary would mean that men would not face any criminal charges or prosecution if they raped their wives- a concept that brought the meaning of "license to rape" (Finkelhor and Yllo, 1985).

As long as a woman is married, they hold the responsibility of submitting to having sex with their husbands, a notion that came into being by the words of England's Chief Justice in the 17th century when he wrote that the husband cannot be held accountable for a rape carried out by him on his legally wedded wife. This is because of their mutual matrimonial agreement, as well as, her responsibilities, which the wife has surrendered to her husband; responsibilities she cannot retract from (quoted in Russell, 1990, p. 17). For a long time this concept of excluding men from the wrath of justice was not opposed until the 1970s. The inability to give equal protection from rape to the entire female population was an argument that was brought to table by particular members who belonged to an anti-rape movement (Bergen & Barnhill, 2006).

In states that are still predominated by male ideologies, there still exists the concept of spousal exemptions in majority states as marital rape still enjoys privileges of being treated as an inferior crime compared to other forms of rape (DeKeseredy, Rogness, & Schwartz, 2004). Cases of marital rape continue to be on the rise due to two main factors. 1. Spousal exemption brings to the understanding that wives are under the ownership and rule of their husbands and that the marriage union gives the right to sex 2. Such an act of aggressive behavior are not punishable as other rape cases are (Russell, 1990).

How marital rape occurs

Interviews done by women where they are sharing their experiences of sexual violence have provided the most wonderful research on marital rape so far. Women who have never reported their experiences and those that are over-represented are just some of the possible disadvantages that the research may suffer. This research is also not limited to the boundaries of age, race, ethnicity, social class or geographic location. Women are raped by their partners at different ages as indicated by Russell (1990) with facts showing that two-thirds of the wives encountered their first experience of rape when they were below the age of 25. Recent research indicate that marital rape and sexual violence is on the increase for women in the remote places in as much as most cases have only been reported in the urban areas (Bergen & Barnhill, 2006). The rate of marital rape was shown to be on the high for African-American more than white women, Latinas, and Asian women in that particular order.

Different forms of marital rape

Apart from the well-known ideology of just a mere quarrel involving a man and his wife, men often employ the use of violent threats, weapons against their wives and also serious physical violence. The build-up of violence to possible murder is an act that researchers indicate that men who batter and rape at the same time are more likely to do compared to those who only batter and this particular group of men are the most dangerous (Browne, 1987; Campbell, 1989). Different forms of violence usually happen to women who are being raped. Assaults like intercourse of the anus and the mouth are also likely to happen more than 20 times before violence begins (Bergen & Barnhill, 2006). Such experiences may happen more to women raped by their partners in relation to those raped by acquaintances (Peacock, 1995).

Battered, Sadistic and Obsessive Rape

Some researchers argue that marital rape and domestic violence are more or less the same (Johnson & Sigler, 1997). This is because of the revelation of a study about battered women that indicated that between 20%-70% have at least once been sexually assaulted (Bergen, 1996; Browne, 1993; Mahoney et al., 1998). Most victims of marital rape are also battered; an argument that supports the idea that marital rape is a form of domestic violence (Bergen & Barnhill, 2006).

Women who are victims of rape and battery experience both physical and sexual violence in different ways- for instance the experience of sexual violence may be accompanied by battery, or the rape may come soon after the physical violence in the form of "making up" without the wife's consent (Bergen & Barnhill, 2006).

"Sadistic" or "Obsessive" rape on the other hand involves torture. Pornography is the central focus as the man demands that the wife copy and do exactly the same acts that are done in the movie (Bergin & Barnhill, 2006).

Arguments have emerged that marital rape should not be defined as an extension of domestic violence because of the fact that the idea that led to marital rape had been underestimated in the past. Marital rape should be understood as an independent form of violence because victims of rape and battery suffer a lot of trauma, a situation that needs to be rectified especially by the authorities. In recent study, many definitions of sexual violence have come up to understand women's experiences of marital rape that force them into sex either out of obligation or need. Finkelhor & Yllo (1985) went ahead to note the necessity situations that make women have sex e.g. pressure due to cultural and social expectation of marriage and also the pressure that comes with threats of denial of money and child support from the husband.

The risk of marital rape

According to research carried out, it has been established that peer influence is a key factor that results to sexual abuse in marriage. It is has been discovered that men who keep peers that physically assault their wives without feeling remorseful are likely to pick up the same habit. Marital rape is seen by most researchers as a misuse of power on the part of the husband by being overtly domineering over his wife. The men usually get the feeling like they are entitled to sexual fulfillment from their wives regardless of whether it is through mutual consent or by use of violence. They consider it their right and as such should never be denied (Bergen & Barnhill, 2006).

By virtually making an attempt to separate from their spouses, women put themselves at a great risk of being sexually and physically abused by their domineering partners. The abusive partner sees this as a threat to their control.

Drug and alcohol use by the abuser is also another risk factor together with past sexual abuse on the part of the victim.

Being expectant also places women at a high risk of being sexually and physically abused by their partners.

Suffering from an ailment or having just been discharged from the hospital are other risk factors considering the fact that the woman is weak and highly vulnerable.

Other researchers discovered that women who have been divorced from their husbands also stand high risks of being sexually abused by their husband. The divorce does not entirely make them free (Bergen & Barnhill, 2006).

Marital rape -- its effects

Physical effects

There is a common belief that when raped by your spouse, you suffer little or no distress at all. This is totally false since rape by any other name would still have no justification and would be traumatizing as much. This is according to research which also states that injuries that result from marital rape include fatigue, vomiting, lacerations, torn muscles, soreness and also vaginal and anal injuries.

As a result of trying to fight back or defend themselves when attacked by their spouses, the women end up with even severe injuries such as black eyes, knife wounds, broken bones and even bloody noses (Maman, Campbell, Sweat, and Gielen2000).

Bladder infections, risk of contracting sexually transmitted infection, infertility, still births, miscarriages, anal tearing, vaginal stretching, pelvic pain, urinary tract infection among others are just some of the gynecological consequences suffered by victims of marital rape. The unwanted pregnancies usually come about as a result of not being able to use any contraceptive after being threatened by their partners and the abuser refusing to wear a condom. This has also lead to the increased risk of contracting an STD. According to the research, a large percentage of marital rape survivors attested to have gotten pregnant or experienced miscarriages as a result of the ordeal (Bergen & Barnhill, 2006).

Psychological effects

Other than just the physical consequences, marital rape victims usually suffer dire psychological effects that last for a very long time. The likelihood of multiple sexual abuses following the first event is high and causes most of the victims to be totally withdrawn. The fact that this beastly act of violence is inflicted upon them by someone they truly loved and cared for makes the psychological trauma more severe. At first the survivor is likely to experience shock, suicidal ideation, depression, anxiety, fear, post traumatic-stress disorder and lack of sleep (Bergen & Barnhill, 2006).

The psychological effects of victims who were raped by their loved ones are higher compared to women that were sexually abused by someone they did not know or physical violence victims. For a long period of time, the victims are likely to experience flashbacks of the ordeal which would result in their disinterest in sex and in them suffering emotionally. The research also lists other long-term term effects such as low self-esteem, depression, sleep problems and one's social life being severely affected (Bergen & Barnhill, 2006).

The effect that marital rape has on children

Very few researchers have explored this topic and those who have dealt on it have come up short. In a study conducted by Campbell and Alford (1989), about 18% of rape survivors said they happened to witness the act while another 5% testified that their children were forcefully incorporated in the inhumane act by their partners.(Bergen & Barnhill, 2006).

Intervening for the marital rape survivors

Due to its nature, marital rape cases are rarely reported due to a number of reasons that we shall look at below. Lack of knowledge about the law regarding marital rape has seen many women being molested and keeping silent. Some keep quiet for fear of backlash from the family and chances that they will most likely not be believed. Having no place to go in case they walk out of the relationship is yet another factor why most women suffer in silence. Having been raised in a culture that objectifies women, most of the victims perceive forced sex as a wifely duty to their husbands.

Police

When presented with a wife-battering case and a marital rape case, researchers say the police will opt for the battering case and not the rape case. As a result of these, majority of marital rape survivors opt not to report the case. Positive response from the police would go a long way in encouraging women to speak out about this violence which is the very first step to recovery (Bergen, 2006).

Holding police accountable when they fail to respond would be a good way to curb the norm of unresponsiveness to marital rape cases. Ensuring that the police are aware of the laws in their state that relate to sexual offences and taking the officers through training on how to handle rape victims when they come to them for help are other factors that can be adopted. Lastly would be to deal with the societal attitude that objectifies women as tools to satisfy their husbands (Bergen, 2006).