A CRITICAL EXAMINATION OF MARITAL RAPE WITHIN LEGAL AND SOCIETAL CONTEXT

AUTHOR – AMAN SHARMA, RESEARCH SCHOLAR AT AMITY UNIVERSITY NOIDA

BEST CITATION – AMAN SHARMA, A CRITICAL EXAMINATION OF MARITAL RAPE WITHIN LEGAL AND SOCIETAL CONTEXT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 940-953, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Marital rape has traditionally been linked with the female experience of victimization, eclipsing the significant psychological and emotional damage to male victims. Because of the influence of rigid gender roles that emphasize men as strong, invincible, and emotionally stoic, the psychological experience of male victims of marital rape is repressed and largely ignored. Male victims of marital rape experience social isolation and stigma for not being able to express their suffering based on societal beliefs that men cannot be vulnerable or distressed. This denial of emotional suffering perpetuates the psychological trauma, significantly leading to poorer mental health outcomes including depression and anxiety, post-traumatic stress disorder (PTSD), and, at the extreme end, potentially suicidal ideation. Male victims of marital rape may be further traumatized by the lack of a legal framework to protect them from ongoing victimization, violent crime, and more severe forms of trauma. The law rarely recognizes male victims of marital rape as needing protection or access to help and justice, assuming that men are less susceptible to publicly engaging in victimization. This research investigates how social stereotypes of masculinity and the legal context of male victims contribute to the underreporting of marital rape against men and to not recognizing their mental health needs, all through a close examination of real-world examples, personal accounts, and existing research. The paper investigates the emotional burden that men endure as a result of these stigmas, which compound their suffering in silence and increase their emotional pain. It also investigates the lack of services for male survivors, and advocates for systemic changes in the legal and societal context. The paper brings awareness about an issue that has been largely ignored, and advocates for an urgent shift away from societal structures that diminish or deny male victimhood in marital rape. The paper also urges systemic changes in laws, social perspective and mental health supports so that male victims obtain the same compassion, understanding, and legal protection as female victims. This issue is particularly timely due to the increasing number of male survivors that – because of the trauma they have faced – are denied recognition and an opportunity to heal. The purpose of this research is to further understanding of the complexities of male victimization while providing recommendations regarding legal reform, social education, and mental health treatments that are inclusive and compassionate.

KEYWORDS

Marital Rape, Male Victims, Mental Trauma, Gender Norms, Masculinity, Societal Perception, Psychological Impact, Legal Framework, Stigma, Mental Health Support