HC on Marital Rape: Any Sexual Intercourse Including Unnatural Sex With Wife Won't Amount to Rape as Her Consent Becomes Immaterial, Says Madhya Pradesh High Court

In a recent ruling, the Madhya Pradesh High Court has declared that marital rape will not be recognised as an offence. According to the court, any sexual intercourse, including unnatural acts, between a husband and wife during the subsistence of a valid marriage will not amount to rape, as the consent of the wife becomes immaterial in such cases. While the insertion of the penis in the anus of a woman has been included in the definition of 'rape,' the court maintains that any sexual act by the husband with his wife provided she is not below the age of fifteen years, does not constitute rape. Under these circumstances, the absence of the wife's consent for unnatural acts loses its importance. 'Marital Rape No Offence if Wife Is 18 or Above': Allahabad High Court Acquits Husband Charged for Committing 'Unnatural Sex' Against His Wife.

HC on Marital Rape

Sexual Intercourse With Wife Won't Amount to Rape as Her Consent Becomes Immaterial

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