The Right to No: The Crime of Marital Rape, Women’s Human Rights, and International Law

This article addresses the issue of marital rape and its lack of criminalization in many parts of the world. The special case of marital rape is often overlooked in discussions about sexual assault, but the authors show that international human rights laws require states to exercise due diligence in order to protect women from this type of sexual violence. Marital rape violates several fundamental human rights of women, namely, the right not to be subject to torture, the right to life, liberty, and security of the person, nondiscrimination, equality in the family, and health and well being. Throughout the article, the authors argue that criminalization of marital rape is necessary for its prevention and must be enacted universally. They also suggest that criminalization alone is not enough, but that people must be educated about the wrongfulness of marital rape and the importance of consent in sexual relationships.