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To Have and to Hold: Rape within a Marriage

Final Integrative Capstone Literature Review

Submitted to the Faculty

of

American Military University

by

Kristyn Larae Jackson

In Partial Fulfillment of the

Requirements for the Degree of

Masters of Arts in Psychology

January 2021

Capstone Professor:

Dr. Melissa Trevathan-Minnis

i

The author hereby grants the American Public University System the right to display these

contents for educational purposes.

The author assumes total responsibility for meeting the requirements set by United States

copyright law for the inclusion of any materials that are not the author’s creation or in the

public domain.

© Copyright 2021 by Kristyn Larae Jackson

All rights reserved.

ii

DEDICATION

I dedicate this literature review to my amazing husband, Thomas, and our three beautiful

daughters. Without their patience, understanding, support, sacrifice, encouragements, and most

of all their love, the completion of this work would not have been possible. This work is also

dedicated to my parents, David and Michelle Osborne, who have always loved me

unconditionally and have always encouraged me to achieve more than I could have ever

imagined. Thank you all.

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ABSTRACT

To Have and to Hold: Rape within a Marriage

by

Kristyn Larae Jackson

Masters of Arts in Psychology

American Military University

Dr. Melissa Trevathan-Minnis, Capstone Professor

Understanding the concepts of marital rape and the differences across world is critical to

dissecting views of culture, religion and myths. The purpose is to shed light on the injustice

survivors of marital rape receive and the foundation it is formed upon. This research is important

to understanding the commonality of marital rape, the injustice present, and the lack of

acknowledgement of the reality of marital rape. It is far more severe than any other type of rape

because of the psychological component and the deep level of betrayal by a loved one. The

findings show that culturally and religiously, marital rape perpetrators have been given free

passes to do what they chose to those closest to them, solely based on the fact that they are

married to them. Findings also show that victims of marital rape continue to feed into the

justification of rape myths because of the pure fact they do not report. This continues the cycle in

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the belief that ‘husbands cannot rape their wives’ because wives are intimidated and

conceptualized to believe they are not victims. Accountability is necessary for change to happen

and that starts with deep rooted cultural and religious ties.

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TABLE OF CONTENTS

CHAPTER PAGE

I. INTRODUCTION…................................................................................................1

II. LITERATURE REVIEW .........................................................................................5

Culture and Religion within non-Western countries .................................................9

Rape Myth Acceptance……......................................................................................15

Relationship Status....................................................................................................21

III. DISCUSSION……………………………………………………...…………...….25

Summary……………………………………………………………...……………28

IV. REFERENCES…………………………………………………………………….31

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To Have and to Hold: Rape within a Marriage

Introduction

Marital rape has never been given the type of recognition it deserves, mainly because many

have difficulty understanding the terminology as the two are a contradiction (Oluwole, 2014).

Despite the frequency and the commonality of it, the discussion and research on it has always

fallen short. It is often thought that the reason statistics are not accurate is because many are not

even reported, which makes understanding the frequency and occurrences more difficult (Russell

& Hand, 2017). A study was completed in 1999 and it found that 80% of the population in the

United States believed that rape occurs within marriages, however, they did not see them equal

to that of stranger or acquaintance rape (Lynch, Golding, Jewell, Lippert, & Wasarhaley, 2019).

Marital rape is viewed differently than compared to other kinds of rape and even spoken as, ‘less

serious’ and ‘less traumatic’ (Munge, Pomerantz, Pettibone, & Falconer, 2007). Within the rape

and domestic violence worlds, marital rape is often overlooked and underrepresented, but

something even more difficult is holding husbands accountable for sex without consent from

their wives (Mandal, 2014). This concept is ironic as research shows that roughly 70-80% of

offenders in the United States know their victims somehow, which only justifies that marital rape

is more likely to occur than stranger rape, like society seems to think (Adams-Clark & Chrisler,

2018). The definition of marital rape is similar to that of the definition of rape, except the

relationship between the perpetrator and the victim is married. According to Merriam-Webster

(2020), rape is defined as sexual activity and sexual intercourse that is forced or accompanied by

threats of harm that is against the will of the person or with someone is underage or is unable to

give consent because they are mentally ill, deficient in the mind, intoxicated, without conscious,

or are deceived (Merriam-Webster, 2020). In a study completed by Oluwole (2014), in Nigeria,

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the definition was unclear when it came to marital rape, many did not quite grasp the concept,

this was guessed to be related to culture and religion within their country (Oluwole, 2014).

Most perpetrators are men, majority of victims are women, and while most rapes are not

reported, rape still occurs (Adams-Clark & Chrisler, 2018). Whether marital rape or stranger

rape, the victim is more often blamed for the rape, rather than the offender (Gul & Schuster,

2020). According to India, marital rape is the, “unwanted intercourse by a man on his wife,

obtained by force or threat of force, physical violence or when she is unable to give consent”

(Kim, 2017, p. 92). The history and perception of marital rape is considerably different among

the many countries around the world. Marital rape is commonly minimized and is often not seen

as a crime when the two people involved are married. Societies across the world have tried to

ignore that marital rape is real because there is this notion that it is not as ‘bad’ as stranger rape

or date rape (Adams-Clark & Chrisler, 2018).

Perceptions and history across the world of marital rape differs drastically, but it seems

that commonly, rape is minimized and victims are often ignored, shut up, or convinced that rape

did not occur. The Western world differs from the non-Western world in their views and even

their interpretations or understandings of marital vows and because of that, effects what is

considered rape. The views, interpretations, and perceptions have all played a great part in laws

and rules when it comes to the prosecution of those involved. But even with laws evolving and

changing for the better in non-Western countries, culturally, marital rape is still silenced and not

given then attention it deserves and because of that offenders are not held accountable as the law

states.

It is important to focus on the fact that gender inequality within countries like India, are

reinforcing and maintaining the patriarchal views and beliefs among citizens, making is more

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likely that men control and dominate their women in many different forms, but also that women

are submitting to it because it is believed to be right (Bhat & Ullman, 2014). With gender

inequality, common stereotypes in India say that it is impossible for rape to occur within a

marriage, so there is a lack of legality when it comes to marital rape (Bhat & Ullman, 2014). The

numbers of marital violence are significant within India, as it has become normal and even

tolerated by society (Sudha & Morrison, 2011). It was found that in India, about 75% of women

that have been the victim of some sort of sexual violence do not try to seek help because of the

countries’ inequality between men and women, and the cultural and religious justification of

marital violence and rape (Sudha & Morrison, 2014).

The importance of furthering the research on marital rape is to continue to understand

how it differs across the world and how the relationship between two people plays a critical role

in the laws of countries across the globe. With even laws evolving to hold those perpetrators of

marital rape accountable, culturally it is still not acknowledged. With the added research and

knowledge, the silence of those victims that have been hushed for so long can finally be ended.

Rape myths are, “prejudicial, stereotyped or false beliefs about rape, rape victims, and

rapists” (Edwards, Turchik, Dardis, Reynolds, & Gidycz, 2011, p. 762). The definition of rape

myths has morphed over time to better encompass the true definition of what a rape myth is.

Rape myths are attitudes that are typically false, but are more often believed and justify the

reason why perpetrators commit these acts towards their victims (Edwards, et. al., 2011). It is

important to understand what rape myths are and why they are believed to further measure the

actual marital rape victims that are out present within the different societies. The importance is to

continue growing the knowledge of rape myths and how dangerous they are because they have

the power to strengthen sexual violence around the world (Edwards, et. al., 2011).

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Marital rape is extremely common, so common that 10-14% of married women have

reported being victims by an intimate partner of theirs, however, with the scare tactics placed

within the justice system, the rape myths believed far and wide, and with culture not lining up

with the laws, the numbers are not reflecting on the actual problem (Adams-Clark & Chrisler,

2018). The research will bring support for survivors, education to the world and understanding

and compassion to professionals, survivors and the entire population. Understanding the

commonality of marital rape and why it should be recognized as a crime will be crucial for

justice to rein among those survivors who themselves have fell into the notion, that they are not

truly victims from the pain they have endured. Continuous growth in research on marital rape

will allow victims to begin to receive justice and will allow them to gain psychological

assistance and begin to heal from their trauma. The importance of further studying marital rape is

to help end the silence of those victims that have been hushed for so long. When you factor in

how long it has taken to get marital rape understood as rape first and foremost, the conviction

rate of those that are brought to trial, and the understanding across the board that a commitment

was already made between these two people that involve talking about your physical connection

and intimacy with each other as ‘belonging’ to one another; the silence grows more and more for

those victims. It is believed that the concept of a wife ‘belonging’ to their husbands originates

from the idea that a wife gives consent to their husbands when they marry, and with the contract

of marriage it is understood that the man has full control (Osborn, Davis, Button, & Foster,

2018). Victims are less likely to receive justice based on the relationship they have with their

perpetrator; the closer they are together, the more likely the victim will get blamed (Osborn, et.

al., 2018). A survey done in 2016, show that only 1 in 30 rape victims actually get to see justice

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against their offender (Russell & Hand, 2017). Many victims choose not to bring their rapes to

the police because of the lack of justice in the past (Russell & Hand, 2017).

Because of deep religious and cultural ties, marital rape has little to no weight in many

non-Western countries. Our legal system gives more attention and convictions to those involved

in acquaintance or stranger rape, rather than marital rape. The importance of this review is that it

will bring more attention to marital rape and see it as a true crime and hold those offenders

accountable. The goal of this literature review is to understand how culture and religion play a

role in marital rape in non-Western countries, how many do not believe martial rape is real, how

rape myths continue to be accepted, and the lack of charges and/or prosecution brought against

those offenders purely because of their relationship to the victim. My hopes are that the

knowledge this literature review brings will serve as another piece of the puzzle to shutting down

rape myths, shedding light on the reality and commonality of marital rape, and bring knowledge

and education to survivors so they too can recognize themselves truly as the survivors they are.

Literature Review

Research that is important to this topic is the understanding of rape myths and how they

strengthen sexual violence, the insight of what marital rape looks like in non-Western countries

with the focus on culture and religion, and the legality behind the invalidity of marital rape. Rape

myths are beliefs and/or attitudes that give an explanation as to why men behave a certain way

towards women and justifies why to sort of make an excuse as to why the woman was raped or

sexually violated (Adinkrah, 2011). Within the country of Iran, men were taught that their

judgement or rational mind would be violated if they were in the company of a woman who did

not follow the correct code of modesty and women were taught to seek early marriage so they

would not need to seek attention from men and become immoral (Aghtaie, 2017). Rape myths

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can state that because of women choosing to dress provocatively or revealing, they are ‘asking’

for it (Edwards, et. al., 2011).

Rape myths have also stated that women have a desire to be raped (Edwards, et. al.,

2011). This rape myth originates from the idea that if a woman was dressed provocatively, that

she was telling those who could see that she wanted to be raped, as if it was the woman’s original

desire when she chose the outfit (Edwards, et. al., 2011). What is even more disturbing is that in

a survey done by Carmody and Washington in 2001, found that 21% of college women also

agreed that if a woman was wearing something risqué or revealing that she was provoking men

in a way that they could rape her (Edwards, et. al., 2011). According to a British Amnesty

International poll that was completed in 2005, 22% of those who were asked, believed that a

woman was somewhat or all to blame if she had numerous sexual partners, and 26% thought a

woman was partially or fully accountable for the rape if she was wearing provocative attire

(Edwards, et. al., 2011). There was originally this idea that if women could lubricate themselves

during a rape, that meant that there was somewhat of an enjoyment for her, when in reality the

mentality and the physicality of the body are two different things (Edwards, et. al., 2011). I

found the rape myth of women desiring or wanting sex an oxymoron because of the pure fact

that desiring something that is defined as unwanted could not be possible.

The importance of how martial rape can affect the victim physically, sexually, mentally,

and reproductively is also extremely important to research. Physically women can experience

health problems such as menstrual cramps, low BMI, anemia, pain in the abdomen not during

menstruation, the possibility of HIV or sexually transmitted infections, and abnormal vaginal

discharge (Bhat & Ullman, 2014). When women’s physical health is not deemed important, it

creates strain across the board for health care and goals for women within their society (Sudha &

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Morrison, 2011). It is not often discussed the link structurally, that the lack of justice for

survivors of marital rape is having for women across the board (Sudha & Morrison, 2011). It was

concluded that a study in India show that with an increase of marital violence, also was coupled

with an increase in reported STI’s (Sudha & Morrison, 2011). While there has been an increase

on research looking into marital violence, there has been a lack on the connection between it and

the reproductive and/or physical health of women (Sudha & Morrison, 2011). It has been found

that while action is occurring for how to properly react to sexual violence within marriage, it is

not long term, and is only a reaction to what is brought to the attention of society (Sudha &

Morrison, 2011). What is needed is a proactive response, so that more and more situations do not

continue to happen. Marital rape is often not seen as a crime or something that can affect one’s

psychological well-being because of the history and perceptions that have continued to follow

over time. When women are affected physically, they can psychologically be affected as well.

With the risk of health issues brings seclusion, horrible stigmas, emotional trauma, shame,

depression, a lack of self-esteem, and guilt (Bhat & Ullman, 2014). Marital rape is more

traumatic to the victim simply because of the closer and more intimate relationship that has

formed between the two people (Adams-Clark & Chrisler, 2018). While marital rape is more

common than believed to be, the research does not reflect such. In Uganda alone, 21% of

married women had been victims of sexual violence, with their spouses being the perpetrator

(Mengo, Okumu, Ombayo, Nahar, & Small, 2019). Marital rape and its effects do not look the

same among the array of different cultures and religions because of the ideology that is

constructed within it. Gender roles vary and are what make women victims instead of survivors.

The ideology of gender roles and what women are expected to be and how they are expected to

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act within countries like Spain, is the foundation to why women are not treated equal to men

(Durán, Moya, & Megías, 2011).

Benevolent sexism is where people have attitudes towards women that are most definitely

sexist in nature and place stereotypical views on women and their roles, but makes it where they

are positive in nature so that women do not feel they are being stereotyped (Durán, et. al., 2010).

Benevolent sexism is what brings victim blaming on women in rape situations when women are

not following their specific gender roles and deviate from the expectations of what a woman

should be (Durán, et. al., 2010). Because benevolent sexism is portrayed with a positive tone, it

is sometimes overlooked and not given the title of being prejudice, even though that is exactly

what it is (Durán, et. al., 2010). What is interesting about benevolent sexism, is that those who

hold views of such, are not noticeable; they are commonly overly protective and affectionate

towards their women, but in reality, they are solely focused on women holding traditional gender

roles and submitting to their husbands (Durán, et. al., 2010). Benevolent sexism is indirect and

deceptive and because of its involvement rape victims who are assaulted by their partners are

blamed for their rape or assault (Durán, et. al., 2010).

The commonality of marital rape is extreme across the world; in Ethiopia more than 68%

of women reported physical and/or sexual violence by their husbands (Muche, Adekunle, &

Arowojolu, 2017). However, in the survey completed in Ethiopia, most participants stated that

there is no such thing as marital rape, because wives must give into her husband sexually at any

time (Muche, et. al., 2017). It has been estimated that around 7% to 25% of wives have been

raped at least one time within their marriages, and that is regardless of age, social class, race, and

ethnicity (Munge, et. al., 2007). Issues regarding marital rape are silenced because of the simple

fact that marriage is involved. Research across the world shows that most victims of rape, do not

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report (Osborn, Davis, Button, & Foster, 2018). Many people do not report because they

commonly blame themselves or fear others will blame them (Russell & Hand, 2017). Silence

stems from the challenging attitudes that are pushed upon the victims of rape, which makes it

where the women globally are less likely to report rape (Aghtaie, 2017). Silence in the marital

rape world is understood to stem from rape myths that say that rape cannot happen within

marriage (Bhat & Ullman, 2014). India is a country that believes in this common stereotype and

that it is more likely that marital rape is not as upsetting and harmful when compared to stranger

rape (Bhat & Ullman, 2014). Even in countries that have had legal progression with holding

perpetrators accountable for marital rape like Canada, during trials it is often brought up that if a

wife has consented to sex a certain way or with certain circumstances, then it is sensible of the

husband to think he had her consent no matter what (Mandal, 2014). In South Africa, martial

rape was criminalized back in 1993, however, lenient sentences were given to those husbands

who were convicted of raping their wives even a decade later (Mandal, 2014).

The controversies that continue to surround the legality and justice of marital rape make

it difficult to have full support when it comes to helping those who are survivors of marital rape.

Even in countries that have gained more rights for married women, the patriarchal culture that

surrounds most Western and non-Western societies still, are what continue to make it difficult

for those laws to work (Kim, 2017).

Culture and religion within non-Western countries

Because of deep religious and cultural ties, marital rape is often not a defined term within

non-Western countries. The notion that a wife could refuse her husband sex is not a concept that

has been universally adopted. Whether or not laws across the world continue to open the doors

for prosecution for perpetrators and justice for those victims of marital rape, culture and religion

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have continued to validate victim blaming and those acceptances of rape myths. Many countries

across the world continue to disregard the true belief that martial rape is bad. In many societies

outside the United States, husbands cannot be prosecuted for raping their wives (Adinkrah,

2011). For instance, in Ghana, husbands are unable to be charged with wife rape (Adinkrah,

2011). Marital rape has been allowed for so long, that societies have almost adopted it as the

norm within marriages (Oluwole, 2014). Culturally, marital rape has not been allowed to be

criminally prosecuted because of the union that a marriage includes (Oluwole, 2014).

Marital rape gets overlooked often because of gender roles within that specific culture or

religion (Bhat & Ullman, 2014). Countries in the non-Western world have a hard time

prosecuting husbands for raping their wives because of language written and how one depicts

what exactly is included in vows and what they interpret into. Within a study completed in

Ghana, Africa, many students discussed the prevalence of marital rape and how it was included

in the traditionalism of marriage within their country (Adinkrah, 2011). It was even argued that

as a male spouse, and the sole provider for the family, he was entitled to sex with his wife

whenever he chose (Adinkrah, 2011). The importance of understanding the perspectives on

marital rape in non-Western countries shows their views on gender, family, and marriage.

Narrowing the status difference between men and women is critical for change in status for

women and help them be seen more as equals.

According to the laws in India, Hindu Laws state that it is the responsibility of the wife to

be submissive to her husband and never stray away (Bhat & Ullman, 2014). Because of gender

norms, husbands in India are not punished as long as they are married and their wife is over the

age of fifteen (Bhat & Ullman, 2014). Women in India lack the confidence and support to report

any acts of sexual violence, but marital rape is probably the most suppressed (Bhat & Ullman,

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2014). Cultural traditions and religious stances within India have created gender inequality and

continue to make survivors blame themselves or make excuses for their trauma (Bhat & Ullman,

2014). In India, women are treated as sex objects and are expected to be available to men at any

given moment, and within a marriage, this means regardless of what the woman wants, she

should be open to what her husband wants (Kim, 2017). The Government of India has even

continued to deny that they have any sort of protection over those involved in martial rape, and

because of that feel that there is no need to criminalize marital rape (Kim, 2017). India has

concluded that if they agree to change the legality on marital rape and hold men accountable, it

would create a bigger issue within the religious and cultural aspect within their society (Kim,

2017). This is the perfect example how societies struggle with moving forward in gender

equality, only to stopped because of the idea that they must preserve their culture and religion at

all costs (Kim, 2017).

In many non-Western societies, marital rape is seen as impossible simply because of the

lack of definition for the word rape within the country. How could one rape someone, if rape is

not a definition to define rape? Within the country of Iran, there is not even a word that means

rape, and ultimately this is the root cause to why marital rape cannot be a discussion topic

(Aghtaie, 2017). According to marriage sanctions within Iran, the man within the marriage has

control over his wife and his duties are to provide food, clothing, and shelter, but because he is

providing those things to her, she must never disobey him and never rebel against his word

(Aghtaie, 2017). Marriage sanctions state that within Iran, husbands have control over their

wives and because the husband provides all to his wife, she must always obey (even sexually)

(Aghtaie, 2017). The legal system and the cultural and religious context do not hold perpetrators

accountable, therefore makes the victim look as if they provoked the incident and silences them

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for the next time. The lack of attention to gender equality shows women it is not productive to

report, and in turn somewhat ignores rape within marriage. Culture within Iran expresses that

women and how they behave or present themselves has the potential to release a man’s

supposedly uncontrolled desires and that in turn puts the blame on the woman (Aghtaie, 2017).

Women that are seen being influenced by Western societies are seen as being dishonorable, and

run the risk of men taking advantage of them because men are said to not be able to resist

temptation when it comes to sex and women (Aghtaie, 2017). It has become the norm for

everyone except the perpetrator to be blamed; this includes the parents of the wife because it has

been insinuated that it is their responsibility to teach their daughters about the situations they

should avoid, as if they are responsible for what their husband does to them (Aghtaie, 2017).

Within the country of Nepal, women believe it is in their dharma to be please their

husbands, but also listen to what they say and want (Puri, Tamang, & Shah, 2011). A dharma is a

part of their religion and culture and explains their duty of being a woman within their society

(Puri, et. al., 2011).

Within the cultural aspects of India, rape is accepted within a marriage because once

married, women give up their right to say no (Kim, 2017). Once women are married, they lose

their rights and are expected to submit to their husbands. Within the country of India, women are

at first their father’s property and then when married off, become their husband’s property (Kim,

2017). Regardless of the changes that have morphed over time within the country of India for

the rights of married women, there is very little proof that shows the reduction in the violence

against women, whether married or not (Kim, 2017). The ultimate reason women in India, and

many other countries are not given the equality they deserve stems from deep-rooted ideas and

thoughts of what the job and position of the woman is within the Indian culture (Kim, 2017). A

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survey in Ethiopia given to a range of participants ages 18-72 found that most participants did

not believe that marital rape was a thing because rape only was done to unmarried women

(Muche, et. al., 2017). Participants of the study in Ethiopia mostly believed that rape within a

marriage is unconnected and that rape within a marriage was not only not seen as rape, but also

not considered a violent act (Muche, et. al., 2017). The notion of the inequality originates

because of the dominance men are given with their rights, privileges, and power; however, it

reveals gender violence and sort of justifies the notion that men are entitled ‘get what is theirs’.

The law of the land in India justified not criminalizing marital rape because it goes against the

marriage institution set in place within their culture and religion (Kim, 2017). Studies that were

completed in South Asia researched married women who were younger and how they would

threaten to ruin their husband’s reputations by screaming where others could hear, threatening to

kill themselves, or simply telling the husbands they were on their menstrual cycle (Puri, et. al.,

2011). The other side of that, is some women would choose to be more intimate with their

husbands, create more sexual communication and try to show they are more interested or equally

interested in sex so that it would be seen as more of a decision they both made, rather than the

husband forcing the wife (Puri, et. al., 2011).

Within the country of Nigeria, there are high occurrences of rape, but of course, like

many other countries it goes under reported because of the traditional views within many

countries (Chika, 2011). There is a lack of criminalization of marital rape in Nigeria because of

the pure knowledge a perpetrator is married to their victim (Chika, 2011). Within Nigeria, the

criminal laws have begun to criminalize rape, however, there is a huge disconnect when it comes

to seeing martial rape as the same (Chika, 2011). Marital contracts in Nigeria imply that sex is

not to be negotiated; it is assumed that once married, when one party wants sexual intercourse

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the other is to give into them because it is a need (Oluwole, 2014). Laws within Nigeria do not

recognize martial rape because of the marital contract that is understood, and neither men or

women cannot be reprimanded if they force sex with their spouse, even if it involves bodily harm

(Oluwole, 2014). Participants from the study in Nigeria have a deep cultural belief that any type

of sex between a husband and a wife is simply consummating the marriage, and could not be

considered rape of any kind (Oluwole, 2014). Within this study done in Nigeria, more single

participants and more Christians rather than Muslims believed marital rape should be

criminalized (Oluwole, 2014). Sex is seen as a way for two people to heal tension and allow for a

release of emotions, not to be traumatic in any manner, and it has been suggested that couples

begin to find an equal balance that helps both participants equal satisfaction, without forcing one

another (Oluwole, 2014).

With these views originating from a biblical stance, it is even more difficult to be

challenged. For example, in the Koran there is a verse that states, “women are your field: go,

then, into your fields as you please” (Aghtaie, 2017). Those who have conventional views of the

Koran read this verse and see it almost as if men own women and they have full rights to do with

women as they choose (Aghtaie, 2017, p.177). Within the King James version of the Bible,

Ephesians Chapter 5, Verse 22 has gotten many attention based on the wording. Ephesians

Chapter 5, Verse 22 states, ‘Wives, submit yourselves unto your own husbands, as unto the

Lord’, however, this statement has been abused and misused to justify rape within marriages for

many years (The King James Version, 2021, Ephesians 5:22). 1 Corinthians 7:1-5 also has been

used to justify marital rape, which states, ‘Now concerning the matters about which you wrote:

“It is good for a man not to have sexual relations with a woman.” But because of the temptation

to sexual immorality, each man should have his own wife and each woman her own

15

husband. The husband should give to his wife her conjugal rights, and likewise the wife to her

husband. For the wife does not have authority over her own body, but the husband does.

Likewise the husband does not have authority over his own body, but the wife does. Do not

deprive one another, except perhaps by agreement for a limited time, that you may devote

yourselves to prayer; but then come together again, so that Satan may not tempt you because of

your lack of self-control’ (The King James Version, 2021, 1 Corinthians 7:1-5). This specific

verse in the Bible clearly states mutual authority, mutual devotion, and mutual belonging to the

husband and the wife. The Bible can be interpreted in many different ways, however, the

expression of the verses regarding marriage are clear that it is a mutual giving of themselves and

should not be confused with one taking from the other.

Rape Myth Acceptance

Acceptance of rape myths, within any society, are the root causes to why prosecution is

almost impossible for offenders that are married to their victims. It is nearly impossible to

measure exact statistical data of marital rape victims because rape myths are believed (Adinkrah,

2011). Rape myths are those attitudes and beliefs that are typically not true, but often believed

and justify the behaviors that men show against women that can lead to rape (Edwards, Turchik,

Dardis, Reynolds, & Gidycz, 2011). Rape myths find a way to minimize, deny, and sometimes

justify the actual assault (Brewer & Forest-Redfern, 2020). Rape myths are not just present

within the population, but also within the legal system, religious entities, and the media

(Edwards, et. al., 2011). Rape myths continue to further the acceptance of rape to make it easier

to continue to occur within many societies. Rape myths are so engrained throughout some

societies, that regardless of the changes in laws, history has continued to convince women that

the commitment made in their vows include consent to their husbands that is fluid throughout

16

their marriage (Mandal, 2014). Those who are older, non-White, and less educated are more

likely to believe rape myths when they involve marriage (Osborn, et. al., 2018). In one particular

study, it was found that the longer the relationship between the victim and the perpetrator, the

more likely the participants were to blame the victims (Munge, et. al., 2007). This suggests that

the longer and more serious a relationship is, the belief is that it is more likely the victim’s fault.

Common rape myths that circulate are that it is impossible for a husband to rape their wife,

women like to be raped, women request to be raped, women lie, rape can only be done by a

stranger, and sex is the only thing rape is centered around (Adams-Clark & Chrisler, 2018).

The belief of rape myths varies based on the specific act of rape because some are seen as

more obvious than others, but often marital rape is seen as less serious and not necessarily a

criminal act (Ferro, et. al., 2008). Even though the United States is seen as more progressive,

rape myth acceptance is still quite high for citizens of the U.S., and even higher when the

relationship status is questioned or included (Ferro, et. al., 2008). According to the study done by

Ferro, et. al. (2008), participants believed that rape was more often committed by “violent,

crazed strangers”. This finding makes the whole idea of marital rape minimized and less likely to

be treated as rape in general. What is interesting about marital rape and rape myths is that

participants within this particular study believed that a particular act was in fact marital rape,

they still hesitated to confirm that it was in fact a violation of the woman, simply because she

was his wife and many views of marriage believe husbands have access to their spouses with or

without consent (Ferro, et. al., 2008). Rape myths have minimized the seriousness of marital rape

and continue to be accepted even by victims. There is this belief that if there is any type of

intimacy present between the two parties within the relationship, then it is highly unlikely that

rape could occur (Bennice, 2003).

17

Rape myths are the key to justifying the sexual violence of rape. One of the more specific

rape myths that pertain to marital rape, is that one of, “husbands cannot rape their wives”

(Edwards, et. al., 2011). This rape myth sometimes is coupled with the notion that it was the

wives’ fault because their appearance or behaviors lead up to the rape or that people feel sorry

for the husbands making it seem as if they could not control their behaviors (Brewer & Forrest-

Redfern, 2020). This rape myth stems back to Sir Matthew Hale in the eighteenth century and

how he believed that a husband could not be found guilty for rape upon this wife, simply because

of their commitment and her consent to give herself to him (Edwards, et. al., 2011). It was

understood that in a marriage contract, a husband was the sole provider and caretake of his wife,

and because of all that he did for her, she was obligated to give herself sexually to her husband

whenever he wanted it. Sir Matthew Hale believed that once a woman consented to the contract

of marriage, that if she refused sex, she would be retracting her vows she made in the beginning

(Mandal, 2014). Many of those who believe that wives cannot be raped by their husbands use a

Biblical reference to prove that belief. Ephesians 5:22 states, “Wives, submit to your own

husbands, as to the Lord,” or 1 Corinthians 7:4, “The wife does not have authority over her own

body, but the husband does” (Edwards, et. al., 2011, p.764). These two scriptures give some

extra insight to why rape myths justify marital rape across the globe.

Another rape myth that contribute to the idea that marital rape is not a thing, is the notion

that women enjoy rape. It is suggested that women secretly wish to be raped (Edwards, et. al.,

2011). This particular myth has been traced back to a Greek historian by the name of Herodotus,

back in the 500 B.C., when Herodotus stated that no woman would allow herself to be raped if

she did not want to be; insinuating that in fact, she had to want the rape act (Edwards, et. al.,

2011). The laws in the United States use to require that women have total and compete resistance

18

in order to prove rape, because without that it was assumed that if she was able to lubricate

during the act, that meant she had to have enjoyed herself and therefore, could not be concluded

as rape (Edwards, et. al., 2011). Men and women both somewhat justify this rape myth with the

idea that when women say ‘no’, they actually mean ‘yes’ but it is their way of playing hard to get

or that her ‘no’ might still mean ‘yes’. Such things as pornography that depicts women being

convinced to partake in sexual acts even when they are unsure or giving a definite no are

examples of rape myth acceptances (Edwards, et. al., 2011). This particular rape myth affects

marital rape because of the sole idea that women should be submissive to their husbands, but

then also husbands comparing things they see in the pornography world, and wanting the same

lifestyle with their spouses can also further justify the rape myth that women enjoy rape.

However, this is not to be confused with blaming the pornography industry for and

aggressiveness towards females or justification of accepting rape myths like this one, but it does

reinforce the beliefs of prejudices towards women and bring them to the light (Edwards, et. al.,

2011). What is interesting about this particular rape myth is that it somewhat was derived from

women consenting in unwanted sexual encounters with men because they did not want to feel

rejected, and/or did not want to disappoint their partner, and/or thought it would make their

relationship better (Brewer & Forrest-Redfern, 2020). This myth brings on issues that create

more psychological trauma for women in relationships and marriages because they are more

likely to engage in sexual activity that they do not like or do not want to take part in just to

please their partner or spouse (Brewer & Forrest-Redfern, 2020). Research has proven that

marital rape causes effects that continue on, because of the relationship between the two people,

it is likely to continue and not be a one-time event (Oluwole, 2014).

19

With the rape myth that women enjoy being raped, also sometimes couples with the idea

that women ask to be raped based on putting themselves in situations that can lead to rape,

wearing clothing that could arouse men to want to be sexual towards them, or acting a certain

way that depicts that they are open to sexual activity (Edwards, et. al., 2011). This particular rape

myth is more geared towards the single woman, however, married women that may walk around

in revealing clothing or making sexual innuendos towards their spouse are seen to want sex and

those actions are their way of suggesting they want sex. This rape myth endorses the idea that

women only are trying to look sexy for someone and that they are doing it to get a reaction or

attention in a sexual manner. This particular rape myth blames the victim for the situation or

problems that arise and suggest that they had a hand in the trauma they were subjected to

(Brewer & Forrest-Redfern, 2020).

Sexual script theory and the notion that there are expectations to how one behaves or acts

in certain sexual situations are important to touch on (Marshall, Miller, & Bouffard, 2018). These

sexual scripts have also been referred to as ‘cultural scripts’, which are depictions of sexuality

for men and women that are seen within the media and our society, and have an impact on our

perceptions on what is appropriate or realistic (Marshall, et. al., 2018). These scripts are just

beliefs that have been invented based on what society has perceived to be what is the proper

gender role for each sex within sexual encounters (Marshall, et. al., 2018). After further diving

into sexual scripts, it was found that these roles that are made for men and women continue to

justify the forcible sexual behavior, which are labeled as ‘rape scripts’ (Marshall, et. al., 2018).

The sexual scripts that are present endorse the behaviors that men are allowed and even expected

to be persistent and or forceful, and the women are only playfully resisting (Marshall, et. al.,

2018). It was found with a closer look at sexual scripts that for the man it focused on the fact that

20

it is their job to initiate any sexual experiences and that they want sex more often and that for

female they are responsible for the emotional side of sex and they are the gender that is

responsible for controlling access to sex (Marshall, et. al., 2018). The behaviors of genders have

become so mainstream within the United States that men and women have lost sight of who they

are.

Marital rape is not perceived as serious as other types of rape and is minimized by much

of the population, including by the victims (Adams-Clark, 2018). Throughout time, women have

even accepted rape myths, and this plays a large role in them not blaming their perpetrators

(Brewer, 2020). The emphasis on rape myths and the lack of debunking them, force women to

submit to sexual acts they do not want to participate in and rape myths make it where the victim

is less likely to place blame on the perpetrator (Brewer & Forrest-Redfern, 2020). Justification of

rape myths make it more likely that wives will not disclose rape done by their husbands. Males

were more likely to blame victims who were married and raped, rather than those victims who

were not married and raped (Lynch, Golding, Jewell, Lippert, & Wasarhaley, 2019). Many wives

fear upsetting their partner, not receiving justice within the legal system, and fear being blamed

themselves. Rape myths encourage wives to not bring confrontation within their marriage and

they even encourage wives to blame themselves or make excuses for their husbands when they

are made to do sexual things when they do not want to.

The pure presence of rape myths creates strain for victims of marital rape (Edwards, et.

al., 2011). Even when research was done on marital rape and those believed that in fact rape

could occur within a marriage, they were not in belief that it violated the wife in any ways or that

she could get psychological damage because of it (Edwards, et. al., 2011). Rape victims in

general are at a loss within the judicial system because of the pure fact of rape myths, however,

21

marital rape victims are less likely to be believed because society deems stranger rape as more

common and more traumatic than marital rape. Society has continued to perpetuate this by not

displaying or talking of the stories that would balance out the true statistics. News media outlets,

television shows, and the film industry seem to focus on stranger rapes, rather than the reality

that marital rape is extremely more common than stranger rape (Edwards, et. al., 2011).

Relationship Status

Married victims struggle with gaining justice strictly because of their relationship with

their offender (Lynch, Golding, Jewell, Lippert, & Wasarhaley, 2019). The relationship between

the offender and the victim is extremely relevant and plays a vital role when it comes to the court

systems, and understanding whether or not a true injustice has taken place. In a study done in

2017, by Muche, Adekunle, and Arowojolu, it was found that most participants believed that

there was no such thing as marital rape, because they believed that rape only happened to

unmarried or single women (Muche, Adekunle, & Arowojulu, 2017). The relationship status

between the accuser and the accused should have no weight in determining whether the victim

was violated or not, but in many court systems, it is the most focused on aspect of the case.

Participants in a study done in Ethiopia revealed that once two people are in a marriage, rape is

unconnected (Muche, et. al., 2017).

Punishment is extremely lackadaisical if there is any, and women that report being raped

from within their marriages get told that they did not experience rape (Bhat & Ullman, 2014).

There is an extreme lack of movement in criminalization within Nigeria against perpetrators who

are married to their victims, solely because of the nature of their relationship (Chika, 2011). Even

though most countries have done away with the marital rape exception (MRE) within their laws

and judicial systems, many still follow the notion that either rape cannot occur in marriage or the

22

crime is not as serious (Mandal, 2014). In India, ‘real rape’ can only be between strangers, and

this is what fuels the rape myth that rape cannot and does not occur within marriages (Kim,

2017). Throughout many of the studies done on martial rape, it was often commented that

marital rape was prevalent with in non-Western countries, but particularly normal within the life

of a married couple due to the commonality of wives often lived in fear that their husbands

would take sex from their wives when they wanted to, and it was not likely that the wives would

speak up about it due to the likelihood, nothing would be done about it (Adinkrah, 2011). In

Ethiopia, over two-thirds of women that are married have reported that they have experienced

some type of physical or sexual violence from the hands of their husbands (Muche, Adekunle, &

Arowojolu, 2017). It is common that within many non-Western countries such as India, Nigeria,

Ghana, Ethiopia, Iran, and Nepal, relationship status is particularly commented on in a religious

or cultural perspective. When it comes to marital rape, religiously and culturally, husbands are

excused and given the perspective that they are allowed to take from their wives in any manner

because of the marital vows that they have agreed upon.

Marital rape was seen as a private issue that needs to be addressed between the two

martial parties (Bennice & Resick, 2003). When the first documented case of marital rape

happened in 1736, a chief justice in England, by the name Matthew Hale, stated that he did not

understand how a husband could be charged or found guilty of rape towards his legal wife,

because based on her consent and contract of marriage, she could not refuse her husband

(Bennice & Resick, 2003). While his words were just spoken, sort of as his own personal belief,

it still became accepted within the laws of England, and continued to make its way across many

countries (Kim, 2017). Particularly, in Iran, there is no word that means rape, which makes it

difficult to discuss if and when it arises (Aghtaie, 2017). It is understood that when a man and a

23

woman commit to their marital vows, the husband is the authority and his duties are to provide

food, clothing and shelter, however, because the man provides those things, the wife must obey

and never rebel; because if she chooses to rebel or disobey, the she loses her right to being

provided food, clothing, or shelter (Aghtaie, 2017). The relationship status of anyone making the

accusations of rape is seen to be the most important because laws, religion, and culture do not

always align together. If there is any punishment for those husbands that are reported by their

wives, it is extremely lackadaisical if there is any, and it creates more disconnect and possibly

more pain for the wives.

Relationship status is so important when it comes to rape; there is not many statistics on

marital rape in many non-Western countries because of how many reports get overlooked based

on the gender roles within the culture or religion (Bhat & Ullman, 2014). A study done in

Granada, Spain asked 39 females and 36 males their perspective on the husband and wife roles

within a marriage and it was found that majority of participants believed that it was the

husbands’ right to have sex with their wife whenever wanted, that it was the wife’s responsibility

to give her husband sex, and that forced sex was not considered rape because of their relationship

status (Durán, Moya, & Megías, 2011). The relationship status alone is what makes or breaks the

belief of the rape in question. This study shows that simply because of the marital status, wives

are expected to fulfill their sexual duties to their husbands and that many did not see forced

sexual intercourse and rape as the same thing (Durán, Moya, & Megías, 2011). This study shows

that many believe that women lose their rights when they get married, and because they are

married the perception of rape changes on the outside.

Endorsements of rape myths that say it is impossible for a spouse to rape their other

spouse is why prosecution is nearly impossible for offenders who are married to their victims

24

(Ferro, Cermele, & Saltzman, 2008). According to the study completed by Ferro, Cermele, and

Saltzman (2018), many participants had sympathy for the victims of rape regardless of the

relationship status, however, overall, they still believed that rape can only be vicious and is not

often done by someone that knows you (Ferro, et. al., 2008). The relationship between the

offender and victim should not matter, however, it plays a huge role in whether or not the victim

should be trusted if a sexual assault truly occurred (Ferro, Cermele, & Saltzman, 2008).

Regardless of the fact that laws and the judicial systems say that rape is rape regardless of

the relationship status between the two people, society as a whole has their own ideas which are

extremely influential. It seems pretty common that among studies researching marital rape, that

if the husband’s status could be affected simply because of the accusation of rape, the victim is

often blamed more (Gul & Schuster, 2020). This discussion on reputation of the husband was

interesting because the study examined if the wife should be blamed based on if infidelity was

known or if it was in fact rape, and many saw the behaviors as a threat to the husband’s

reputation and blamed the victim regardless of knowing if the wife was a willing participant (Gul

& Schuster, 2020). This information just solidifies the notion that many victims are not believed,

regardless of the proof they may have, just because they are women.

Marital rape is often overlooked because of many factors. The legal system often justifies

the rape when the relationship between the victim and perpetrator are married (Ferro, Cermele, &

Saltzman, 2008). Overall, “rape has the lowest conviction rate of all violent crimes” (Ferro, et.

al., 2008, p. 765). Because rape has the lowest conviction rate, it makes it harder for women to

want to come forward purely because of the stress that is accompanied by bringing it out in the

open, having the legal system dissect their every move, only to be blamed (Ferro et. al., 2008).

25

Discussion

Religion and culture are the basis to why the history of marital rape has such a weak

presence. Regardless of change within a societies judicial system, religion and culture often

always take the lead. Marital rape has been difficult to be given the proper attention solely

because of language and interpretations of wedding vows. Many countries have difficulty

allowing alternative interpretation of marital vows because of the ties and history that have

always reined true. Perspectives on marital rape in non-Western countries are often emphasizing

the inequality that still holds true between men and women. Culture and religion in many non-

Western countries have continued to silence women once they are married because of the

obedience, duty, and honor they are expected to uphold. In Iran, religion and culture continue to

condone the concept of rape within marriages, the legal system takes notice of that and continues

to fail to protect women and their rights to say no their husbands (Aghtaie, 2017). Cultural and

religious reform would allow for attitudes and views to be questioned and in the end would help

motivate legal reform (Aghtaie, 2017).

Rape myths have throughout history, and continue to minimize the fact that rape is rape

no matter how you look at it; regardless of the relationship between the two people. Prosecution

for offenders who are married to their victims continues to be extremely difficult and nearly

impossible. Statistical data of those who are raped within their marriages is not accurate at all

because many are not reported, but the other half are not considered rape and are not documented

as such. Rape myths minimalize the real effects of rape and all that is encompassed within that.

While rape myths are exactly what they say, many myths are engrained within the history of the

legal system and the judicial system, making it near impossible to debunk. When you also throw

in the fact that the perpetrator and victim are married, rape myths continue to cloud the true

26

seriousness of the act and justice is unable to shine for those victims. The disappointing aspect of

rape myths are that even victims are sucked into believing they are not victims. Victims often

minimize the truth of what happened to them, they often make excused, and often accept what

has happened to them in order to not rock the boat or in order to not be humiliated. The ultimate

rape myth that pertains to the martial world is that of, “husbands cannot rape their wives”. The

irony of this particular rape myth is that it originated from cultural and religious ties. Wives give

themselves to their husbands based on ‘matrimonial consent and contract’ and ultimately,

women are expected to give themselves entirely, which is known as the Lord Hale doctrine

(Bennice & Resick, 2003). The issue with trying to make husbands responsible in the criminal

and legal standpoint, originates from the concept that rape is understood as sex with no consent,

and marriage in a legal standpoint allows for obligatory sex, so it makes the idea of rape an

impossible thing (Mandal, 2014). Rape myths have deemed women as objects and that they

thoroughly enjoy being raped, and this affects marriages because women are expected to be

submissive to their husband’s requests, but when they are not, it must be because they are trying

to fulfill a fantasy where they say ‘no’, but they still mean ‘yes’.

Relationship status between victims and their perpetrators should not be relevant when

looking at rape, however, because culture, religion, and rape myths continue to make ripples

throughout the decision-making process, justice is often not served. Punishment is often a slap on

the wrist for those that even get any attention, and often times it brings more pain for the victims

than fairness.

Religion, culture, rape myths, and relationship status meanings within different societies

are why victims do not receive the support they deserve and are unable to gain justice.

27

Knowledge and understanding of marital rape can allow victims to receive the proper

psychological care, but also obtain the justice they deserve.

Gaining momentum for further data on marital rape and displaying the commonality of it

within societies across the world will allow the population to see through rape myths and

understand that majority of rape occurs within relationships, a lot of those being married. With

this new knowledge, victims can be given a sense of comfort because the research on the

psychological trauma can be further understood. Victims not only have to go through with the

actual act of the rape, but within martial rape, there is another level of psychological damage that

occurs because of the relationship alone. Some of that psychological damage stems from the

notion that some wives may become sexually compliant with their husbands in fear they would

leave them, or fear their husband may begin to reject them all together (Brewer & Forrest-

Redfern, 2020). Psychologically, this is an interesting topic because of the studies that have

contradicted each other. A study was completed where women reported they would say no to

sexual activity within the dating world, but then they report they have taken part in unwanted sex

(Brewer & Forrest-Redfern, 2020). Research is solely based on hypothetical situations and this

cannot be of great importance all the time, because what one thinks they may do in a situation, is

not always what they really do in real life (Brewer & Forrest-Redfern, 2020). The data gained

from further understanding marital rape and all that it entails will allow professionals to narrow

their focus of service, allow the population to validate victims’ feelings, and create more of a

legal presence for those perpetrators.

Future research should include a study that encompasses multiple countries within one

research. Including Western and non-Western countries within one study could help see the

patterns across the two about rape myths and the legal aspect, but also could show how religion

28

and culture still play a big role in non-Western countries when it comes to a delay in justice

compared to Western societies. Future research should also incorporate not just heterosexual

marriages, but also homosexual marriages as well. Research needs to be more inclusive and

include female to female rape, however, that would also mean that the definition of marital rape

or rape in general would need to be revised and updated to include other terms to encompass

many different kinds of penetration (Russell & Hand, 2017). More research needs to be done for

those already within a marriage, because statistics on rape within marriages are scarce simply

because in certain countries reports get overlooked based on the roles of the genders and the

construct of what marriage is based on. Many statistics are focusing on giving hypothetical

situations; however, most would not respond according to what they would do, but what they

hoped they would do. Future research needs to ensure that participants are also an array of

demographics and not just sex and/or gender; in today’s society gender and sexual identity will

need to be asked to ensure that the data is more accurate to the social constructions of diversity

that is now present.

Summary

In this review I have discovered how marital rape has not always been recognized equally

or sometimes at all within many different countries, such as Iran, Ghana, India, Nepal, South

Asia, Nigeria, and Ethiopia. This review has given attention to how marital rape is not seen as

traumatic when compared to other kinds of rape. Culturally, religiously, and legally, women

across the world that have experienced rape within their marriage have been silenced, ignored,

shut up, or convinced what they experienced could not possibly be rape.

Marital rape is not given the attention and spotlight it deserves when it comes to sexual

violence. In fact, martial rape is believed to not occur often, or at all in many cultures.

29

Understanding the history of religion and culture within many different countries, non-Western

and Western, will shed light on the perceptions of marital rape from many different views.

Understanding rape myths and the weight they carry within the legal world is critical in gaining

prosecution of those perpetrators who are married to their victims. Bringing attention to marital

rape will disclose the true crime that is present, will bring accountability to those offenders, and

will allow for education, understanding, compassion and healing for those victims of marital

rape. This study looked at marital rape across the world, focusing mainly on non-Western

countries, on rape myths and how they hold the key to issues with the legality of rape within

marriages, how deep cultural and religious ties are the start to the disconnect, and how simply

being married to the perpetrator can bring injustice for the survivor when it comes to rape.

Understanding each counties’ current attitudes on marital rape was done by looking into their

current rape myths within their own country, as well as understanding the culture and religion

within the specific country.

In conclusion, my findings contribute a more inclusive research on multiple countries

across the world where marital rape is still not viewed as it should. Culture and religion have

shown to validate victim blaming and overlook victims because of gender roles within their

society. Research has continued to show how rape myth acceptance has and continues to make

excuses for the behavior of the perpetrator and continue to place the blame on the victim. One

specific rape myth that continues to justify marital rape is that of, ‘husbands cannot rape their

wives’ (Edwards, et. al., 2011). This specific rape myth was originated back in the eighteenth

century, claiming it was not possible for a husband to rape his wife based on the consent given

when married. The relationship status between the victim and their offender has continued to

show importance in justice and the overall debunking of rape myths across the world. When

30

marriage is what binds the two sides, perpetrators are excused because of the simple contract of

marriage.

Findings within this research concluded that there are many different aspects that play in

the continuing of unequal views of rape in general to that of marital rape. It is critical that

researchers continue to bridge the gap and treat all rape equally. Those within the medical field

and within the legal realm can continue to make strides within how survivors are treated and can

assist in treatment, interventions, and pure justice for all.

31

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