A STUDY ON EVIDENTIARY CHALLENGES IN ADDRESSING MARITAL RAPE
AUTHOR – REVANTH E, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS) CHENNAI 600077
BEST CITATION – REVANTH E, A STUDY ON EVIDENTIARY CHALLENGES IN ADDRESSING MARITAL RAPE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 314-327, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
Marital rape known as spousal rape, is non-consensual sex in which the perpetrator is the victim’s spouse. It is a form of partner rape, of domestic violence, and of sexual abuse.Implementation of marital rape laws in our country would defineity increase the quality of life and reduce the cases of marital rape.Although the petition challenging the exception to IPC 375 is still being heard in the Delhi High Court, senior Supreme Court judges have argued that the right to say ‘no’ should be a right after marriage too. However there are certain factors that are to be considered like fake accusations of the spouse.The main objective of the study is to know whether the sample population considered forceful sex after marriage as still rape. The research has followed the empirical research method using a convenient sampling method. The sample size of the study is 240. The samples are taken from many parts of India through online and offline surveys.The results observed from the study is that the Millennials and Gen Z are the most aware about the issue marital rape and also insist in criminalizing marital rape.From the analysis majority of the society haven’t experienced marital rape and it has seen a downfall from previous decades or it can also be due to very less awareness and the lack of liberation to speak about the injustice.Social issues are very delicate problems of society, utmost care and sensitivity provided will help us to find a solution for the problems. Successful societies are those that create conditions that lead to better health, well-being and resilience for individuals and communities.
KEYWORDS: Rape , Implied consent, Non consensual , Domestic voilence, Perpetrator