When the term “sexual violence” is mentioned, most people picture a sexual assault in a dark alley. While sexual violence in the form of sexual assault can happen that way, most of the time, women know their attackers. In fact, married women are often subjected to sexual violence through spousal rape.
This kind of gender-based violence occurs frequently, with spousal rape data showing the dangers that many married women face. Domestic abuse and marital rape are punishable by law, and marital rape survivors have the legal right to pursue justice in civil court for compensation for this trauma.
Wagner Reese is a personal injury law firm committed to advocating for victims of personal injury and abuse. In this blog post, we discuss marital rape as part of domestic violence and sexual violence, and how you can take action.
Defining Marital Rape: One of Many Forms of Sexual Violence
Marital rape or spousal rape is any unwanted and forced sexual intercourse that involves penetration. Forced sex can occur by physical force or other forms of force, such as threats of violence. Marital rape can also occur when a spouse is unable to provide their consent.
Forcing a spouse to have sexual intercourse in this way is a form of abuse and domestic violence. What makes marital rape different from other types of sexual violence, domestic violence, and abuse is that it involves the added trauma of being violated by someone trusted.
It’s also far more complicated since abuse victims are often trying to grapple with the feelings they have for their spouse, which can make them feel confused and further reduce their self-esteem. Furthermore, those who are subjected to domestic violence in the form of marital rape are often forced to continue living with their attacker. This can complicate the healing process and further add to feelings of hopelessness.
Intimate partner violence is never acceptable. A marriage bond does not automatically imply consent to sexual relations whenever one spouse desires it. Marital rape is considered a crime just as much as non-spousal rape, and it happens more often than most realize.
Statistics and Data Analysis on Marital Rape and Domestic Violence
Marital sexual abuse statistics reveal that this form of forced sexual intercourse is an issue for many women. According to the National Domestic Violence Hotline, this form of domestic violence is prevalent in the U.S. The statistics reveal that between 10% and 14% of married women experience marital rape.
Additionally, 34% of women have reported having unwanted sexual contact with their spouses out of marriage obligations. The married women who are most at risk for marital rape are married to men who are domineering or physically violent toward them. Pregnant women or women who are ill are also more likely to experience domestic violence in the form of marital rape.
When marital rape occurs, women are often left with horrific after effects, some of which are permanent. Unwanted sex in marital rape cases tends to leave victims suffering broken bones, torn muscles, vaginal tearing, unwanted pregnancies, sexually transmitted diseases, bladder infections, pelvic inflammation, lacerations, and other physical injuries.
The problem with statistics regarding marital rape is the same as with other types of criminal sexual conduct – not every woman reports this type of sexual violence. In other words, this form of rape likely happens at a much higher percentage than revealed by the data.
Legal Landscape: Protections and Rights for Victims of Marital Rape
Marital rape became a crime in all 50 states on July 5, 1993. Some states considered sexual acts performed by unknown attackers as rape, but not when those actions were committed by a spouse. Rape laws have been updated since then, and in Indiana, the marital rape exemption was abolished in 1989, making any unwanted sex with one’s spouse rape under Indiana Code § 35-42-4-1. Although rape laws no longer allow for marital rape exemptions, there are still numerous challenges for victims.
Misconceptions About Marital Rape
In a marital relationship, many victims may not realize that they are experiencing marital rape. Cultural beliefs and manipulation tactics from their spouses are often the most common misconceptions around this crime.
Underreporting of Marital Rape
While non-marital rape is underreported, marital rape is reported even less to the authorities. The reason it is reported less than other forms of sexual violence and assault is largely due to the fear of retaliation or physical violence from the abuser.
Some women feel deep shame or have doubts that the police will take them seriously if they report a rape by their intimate partner. Others have cultural or religious beliefs and may not come forward.
Lack of Substantial Evidence
When women report rape, it must be investigated. The statement they make is part of the evidence, though in marital rape cases, the assault tends to occur in the marital home, making it more difficult to collect evidence. DNA evidence may be challenged since the couple resides under the same roof and would naturally be expected to have their DNA present throughout the home.
Financial Dependence
Marital rape survivors are often concerned with losing financial support or having nowhere to live if their spouse is convicted. They may refrain from seeking justice to protect their financial standing or care for their children.
Signs of Abuse
When someone is being abused, there are always telltale signs. With kids, it is important to know the signs of child abuse, and for adults, there are distinct signs. If your spouse exhibits any of the following types of behavior, you should seek help immediately:
- Insults you or calls you names
- Acts jealous or possessive
- Controls your access to money or how you spend it
- Tracks your location and who you talk to
- Stands in your way of attending school or going to work
- Prevents you from seeing friends or family
- Makes threats of not allowing you to see your children
- Becomes angry or abusive toward you when consuming alcohol or taking drugs
- Makes threats of violence, with or without a weapon
- Physically harms you by hitting, kicking, slapping, shoving, choking, or another action
- Forces you to have sex without your consent
- Engages in reproductive coercion, or demands that you get pregnant
- Blames you and tell you that you deserve it when they become violent
Support and Resources: How Wagner Reese Assists Victims with Legal Issues Involving Rape By an Intimate Partner
Wagner Reese helps victims of sexual assault, including those who have been harmed by their partner. We take a compassionate approach as we understand how trauma impacts the survivors of these horrific actions, prioritizing client needs while working to minimize causing added trauma during the legal process.
Our goal is to make women feel safe and supported and help them to regain control of their lives. While prosecution of the crime takes place in criminal courts, we step in to advocate for you and ensure your rights are protected while helping you recover compensation through civil action.
Even if no criminal charges were filed against your spouse or they were not convicted, you still have the right to pursue financial compensation for your physical and emotional injuries. You may be able to recover the expenses for medical bills, lost wages, counseling costs, and other impacts caused by marital rape.
One thing that makes our legal team stand out is that we use our voice to speak for the many women who are too afraid to pursue justice. We actively provide support in our community to help survivors move forward from these traumatic events.
Take Action: Seek Help and Get Legal Advice for Marital Rape
There are many ways that women can suffer harm, such as in the university abuse case in Evansville. When it comes to marital rape and other types of harm, it is vital for victims to understand they are not alone.
You may feel physically helpless, have a negative self-image, suicidal ideation, disordered eating, or other impacts, but you deserve much better than this. At Wagner Reese, we urge anyone in these circumstances to contact the police and speak up. If you are afraid to do so, contact our legal team first, and we will stand by you to ensure your legal rights are fully protected.
We will continue to spread information to bring awareness of marital rape, to combat it, and help prevent it from happening. With alarming statistics that are likely underreported, it is a widespread issue that needs attention.
Contact us for legal advice and support on marital rape, and you will have an ally. We also encourage you to contact the National Domestic Violence Hotline or call 1-800-799-SAFE. RAINN (the Rape, Abuse & Incest National Network) is another organization that provides support to victims. When you contact these organizations or our law firm, it will be with complete confidentiality and full support to help you deal with this situation.
