Rape Within Marriage - A Comparative Analysis Towards Indian Law Reform

Abstract

The issue of rape charges presents significant challenges for victims, perpetrators, and the various authorities tasked with investigating, prosecuting, and adjudicating these cases. These complexities are exacerbated when the assailant is someone familiar and trusted by the victim, such as a friend, relative, or spouse. In cases of spousal rape, establishing a lack of consent is particularly difficult, leading many victims to refrain from reporting the crime. The phenomenon of underreporting, coupled with entrenched societal stereotypes about women, has rendered marital rape one of the most misinterpreted offenses in contemporary society. Despite substantial reforms in criminal law, marital rape continues to be perceived largely as a subset of domestic violence. A comparative analysis can provide valuable insights into the investigation and study of marital rape, highlighting alternative approaches to addressing this issue. This paper explores several aspects that are often neglected in comparative research on criminal procedures, including the influence of judges, the importance of narrative in adversarial trials, evidentiary rules, the roles and nature of advocacy, the position of victims, and the inherently adversarial character of trial processes as compared to inquisitorial systems.