Symposium on the International Legal Obligation to Criminalize Marital Rape - Considering the Role of the State; Comment on 'Criminalizing Sexual Violence Against Women in Intimate Relationships'

109 AJIL Unbound 202 (2015)

5 Pages Posted: 11 Jan 2016

Date Written: January 11, 2016

Abstract

This essay comments on the paper by Melanie Randall and Vesanthi Venkatesh, "Criminalizing Sexual Violence Against Women in Intimate Relationships," which argues for explicit criminalization of marital rape. The essay argues that the due diligence obligation of international human rights law demands a broader approach that calls on states to take meaningful steps to prevent, protect and provide redress for marital rape, in addition to prosecuting and punishing perpetrators. Framing states' obligations in terms of that comprehensive approach would reach more deeply to address the cultural and social barriers that allow marital rape to continue without sanction.

Keywords: gender, gender violence, marital rape

Suggested Citation

Goldscheid, Julie, Symposium on the International Legal Obligation to Criminalize Marital Rape - Considering the Role of the State; Comment on 'Criminalizing Sexual Violence Against Women in Intimate Relationships' (January 11, 2016). 109 AJIL Unbound 202 (2015). Available at SSRN: https://ssrn.com/abstract=2713803

Julie Goldscheid (Contact Author)

CUNY School of Law ( email )

2 Court Square Room 6-306
Long Island City, NY 11101
United States
718-340-4507 (Phone)
718-340-4275 (Fax)

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