LAW ENFORCEMENT RESPONSE TO MARITAL RAPE

  • Unique Paper ID: 194386
  • Volume: 12
  • Issue: 10
  • PageNo: 4459-4468
  • Abstract:
  • Marital rape represents one of the most complex and under-researched aspects of sexual violence, where cultural norms, legal frameworks, and law enforcement practices intersect. Despite growing international recognition of sexual autonomy within marriage, many jurisdictions continue to maintain either partial or complete exemptions for marital rape, leaving survivors without adequate legal protection. This study examines focusing on the challenges that emerge when survivors attempt to seek justice through the criminal justice system. The research explores how legal definitions, social stigma, and institutional attitudes contribute to underreporting and ineffective enforcement. A comparative analysis between the United States and India provides insight into different trajectories of reform. In the United States, has been criminalized across the early 1990s, yet disparities remain in how cases are investigated and prosecuted. Law enforcement officers often face difficulties in gathering evidence, overcoming societal biases, and addressing the private nature of the offense. In contrast, many developing jurisdictions continue to uphold marital rape exemptions, or lack specific legislative provisions, creating significant barriers to victims’ access to justice. This comparative framework highlights the importance of law enforcement training, survivor- centered procedures, and judicial sensitivity in shaping effective responses. The study draws upon legal instruments, human rights standards, and empirical studies to assess how law enforcement practices can either reinforce or challenge systemic inequalities. It further considers the broader implications of institutional silence, cultural resistance, and patriarchal structures that discourage reporting. By critically examining the role of police, prosecutors, and courts, the protection of marital privacy with the fundamental right to bodily integrity.

Copyright & License

Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{194386,
        author = {Soumya Singh and Dr. Jyoti Yadav},
        title = {LAW ENFORCEMENT RESPONSE TO MARITAL RAPE},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {12},
        number = {10},
        pages = {4459-4468},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=194386},
        abstract = {Marital rape represents one of the most complex and under-researched aspects of sexual violence, where cultural norms, legal frameworks, and law enforcement practices intersect. Despite growing international recognition of sexual autonomy within marriage, many jurisdictions continue to maintain either partial or complete exemptions for marital rape, leaving survivors without adequate legal protection. This study examines focusing on the challenges that emerge when survivors attempt to seek justice through the criminal justice system. The research explores how legal definitions, social stigma, and institutional attitudes contribute to underreporting and ineffective enforcement. A comparative analysis between the United States and India provides insight into different trajectories of reform. In the United States, has been criminalized across the early 1990s, yet disparities remain in how cases are investigated and prosecuted. Law enforcement officers often face difficulties in gathering evidence, overcoming societal biases, and addressing the private nature of the offense. In contrast, many developing jurisdictions continue to uphold marital rape exemptions, or lack specific legislative provisions, creating significant barriers to victims’ access to justice. This comparative framework highlights the importance of law enforcement training, survivor- centered procedures, and judicial sensitivity in shaping effective responses. The study draws upon legal instruments, human rights standards, and empirical studies to assess how law enforcement practices can either reinforce or challenge systemic inequalities. It further considers the broader implications of institutional silence, cultural resistance, and patriarchal structures that discourage reporting. By critically examining the role of police, prosecutors, and courts, the protection of marital privacy with the fundamental right to bodily integrity.},
        keywords = {Marital Rape, Law Enforcement, Sexual Violence, Consent, Criminal Justice System, Patriarchy, Human Rights, Victim Protection, Legal Reform, Comparative Law.},
        month = {March},
        }

Cite This Article

Singh, S., & Yadav, D. J. (2026). LAW ENFORCEMENT RESPONSE TO MARITAL RAPE. International Journal of Innovative Research in Technology (IJIRT), 12(10), 4459–4468.

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