User:Carwil/Marital rape laws by country

Despite these trends and international moves, criminalization has not occurred in all UN member States. Determining the criminal status of marital rape may be challenging, because, while some countries explicitly criminalize the act (by stipulating in their rape laws that marriage is not a defense to a charge of rape; or by creating a specific crime of 'marital rape'; or, otherwise, by having statutory provisions that expressly state that a spouse can be charged with the rape of their other spouse) and other countries explicitly exempt spouses (by defining rape as forced sexual intercourse outside of marriage; or forced sexual intercourse with a woman not the perpetrator's wife; or by providing in their rape provisions that marriage is a defense to a charge of rape), in many countries the ordinary rape laws are silent on the issue (that is, they do not address the issue one way or another)—in such cases, in order to determine whether marital rape is covered by the ordinary rape laws it must be analyzed whether there are judicial decisions in this respect; and former definitions of the law are also important (for instance whether there was previously a statutory exemption that was removed by legislators for the purpose of implicitly including marital rape).

An example of a country where the rape law explicitly excludes a husband as a possible perpetrator is Ethiopia; its rape law states: "Article 620 - Rape: Whoever compels a woman to submit to sexual intercourse outside wedlock, whether by the use of violence or grave intimidation, or after having rendered her unconscious or incapable of resistance, is punishable with rigorous imprisonment from five years to fifteen years". Another example is South Sudan, where the law states: "Sexual intercourse by a married couple is not rape, within the meaning of this section". (Art 247). Conversely, an example of country where the rape law explicitly criminalizes marital rape is Namibia - The Combating of Rape Act (No. 8 of 2000) states that: "No marriage or other relationship shall constitute a defence to a charge of rape under this Act". An example of a jurisdiction where marital rape is a distinct criminal offense is Bhutan where 'Marital rape' is defined by Article 199 which reads: "A defendant shall be guilty of marital rape, if the defendant engages in sexual intercourse with one's own spouse without consent or against the will of the other spouse".