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9. 六月 2011, 11:15:23
Mort 
题目: Re: Sweet Justice
Artful Dodger: Just think.. not that long ago, the enlightened world allowed marital rape...

As the concept of human rights has developed, the belief of a marital right to sexual intercourse has become less widely held. Feminists worked systematically since the 1960s to overturn the marital rape exemption and criminalize marital rape.[11] Increasing criminalization of spousal rape is part of a worldwide reclassification of sexual crimes "from offenses against morality, the family, good customs, honor, or chastity … to offenses against liberty, self-determination, or physical integrity."[12] In December 1993, the United Nations High Commissioner for Human Rights published the Declaration on the Elimination of Violence Against Women[11]. This establishes marital rape as a human rights violation.

Despite these trends and international moves, criminalization has not occurred in all UN member States. In 1997, UNICEF reported that just 17 States criminalized marital rape.[13] In 2003, UNIFEM reported that more than 50 States did so.[14] In 2006, the UN Secretary General found "Marital rape may be prosecuted in at least 104 States. Of these, 32 have made marital rape a specific criminal offence, while the remaining 74 [sic] do not exempt marital rape from general rape provisions. Four States criminalize marital rape only when the spouses are judicially separated."[14]

Countries which were early to criminalize marital rape include the Soviet Union (1922/1960),[15] Poland (1932), Czechoslovakia (1950), Denmark (1960), Sweden (1965),[16] Norway (1971), and some other members of the Communist Bloc.[16] The Israeli Supreme Court affirmed that marital rape is a crime in a 1980 decision, citing law based on the Talmud.[17][18] Criminalization in Australia began with the state of New South Wales in 1981, followed by all other states from 1985 to 1992.[19] Several formerly British-ruled countries followed suit: Canada (1983),[20][21] New Zealand (1985), and Ireland (1990).[19]

Many United States rape statutes formerly precluded the prosecution of spouses, including estranged or even legally separated couples. In 1975, South Dakota removed this exception.[22] In 1993, North Carolina became the last state to remove the spousal exemption.[23] However, as of 1999, 33 of 50 U.S. states regard spousal rape as a lesser crime [Bergen, 1999]. The perpetrator may be charged with related crimes such as assault, battery, or spousal abuse. There are other criminal charges that may be inapplicable to married couples. For example, in the U.S., there is a marriage exemption to the charge of statutory rape even if one of the spouses is under the age of consent in the jurisdiction where the sexual act takes place.

France's Cour de Cassation authorized prosecution of spouses for rape or sexual assualt in 1990, but ruled in 1992 that a presumption of consent exists from the time of marriage until it is revoked by either party.[24] In 1994, Law 94-89 criminalized marital rape;[24] a second law, passed 4 April 2006, makes rape by a partner (including in unmarried couples, married couples, and in civil unions) an aggravating circumstance in prosecuting rape.[25] Germany outlawed spousal rape only in 1997, which is later than other developed countries. Female ministers and women's rights activists lobbied for this law for over 25 years.[26



............... Just think.. If we hadn't made such a mess by supporting fundamentalist groups to kill "our enemies", maybe the mindset would be different. Less neo-con.

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