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Is marital rape a crime?

By Sheri & Bob Stritof, About.com

Question: Is marital rape a crime?
Answer: Marital rape is considered a criminal offense in many countries including Argentina, Australia, Austria, Barbados, Belize, Bulgaria, Canada, Croatia, Cyprus, Denmark, Ecuador, England, the Fiji Islands, Finland, France, Georgia, Germany, Honduras, Hong Kong, Ireland, Israel, Macedonia, Mexico, Namibia, Nepal, The Netherlands, New Zealand, Norway, The Philippines, Poland, South Africa, Spain, Sri Lanka, Sweden, Taiwan, Trinidad/Tobago, the United States, Uzbekistan, and Zimbabwe. (Country Reports on Human Rights Practices released by the US State Department, Bureau of Democracy, Human Rights and Labor, were used to determine countries' legal status of marital rape.)

It should be noted, however, that cultural norms and the perceived social stigma attached to rape often discourage the reporting of marital rape, and prosecution is very rare in many countries.

Until 1976, marital rape was legal in every state in the United States. Although marital rape is now a crime in all 50 states in the U.S., some states still don't consider it as serious as other forms of rape. The only states that have laws that make no distinction between marital rape and stranger rape are Colorado, Delaware, Florida, Georgia, Indiana, Massachusetts, Montana, Nebraska, New Jersey, New Mexico, North Carolina, North Dakota, Oregon, Texas, Utah, Vermont, Wisconsin and the District of Columbia. These states have no marital rape exemptions.

Additionally, marital rape is a crime under international law according to the UN General Assembly. Marital rape was specifically mentioned in the Beijing Declaration and Platform for Action.

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