Can wife file Rape case after Love Marriage?

​​Unlawful sexual intercourse without the consent of another partner is known as rape. It is the fourth most common criminal activity attempted in India against the consent of women and is also considered one of the most heinous crimes. Every year, more than a thousand of cases get registered on rape attempts, there are various laws in our Indian Judicial Law system specifying about rape and its punishment. Women being sexually assaulted or getting exploited in their work or home is very often witnessed, sometimes Women are often silenced by intimidation, by their rapists and their recorded media will get viral everywhere.

Likewise, rape, a very often seen or noticed crime called marital rape is also in very much in the limelight these days. A marital rape is a sexual intercourse usually done with the woman by their husband without their consent, it is considered a form of sexual abuse or domestic violence. Historically, sexual intercourse within marriage was once considered a right of spouses, but getting involved in such activity without their consent is now widely taken as marital rape. But to be considered as a specific rape crime between married couples, there was some certain exception made in section 375 of the Indian Penal Code, that the wife must be below the age of 15, otherwise, it should not be considered as a criminal offense under Indian Penal Code, instead, the victim will be getting protected under the Protection Of Women Under Domestic Violence Act.

It’s just not the stigma or social pressure for the wives, the correct knowledge for the betterment of women is very much important, all the wives in Indian society who were being subject to such cruelsome situation and weren’t aware should know that it is their right to say no their husbands and that they have right on their own body.

Marital rape is a sore issue that is difficult to measure anywhere, but especially in India, where the majority of sexual violence is believed to occur within families and goes unreported.

What to do if you found yourself in a situation, where you feel you’re being subjected to non-consensual sexual intercourse by your husband?

No woman should suffer such abuse mentally or physically by their partner, female spouses must take necessary action if they are victims of such offense. Though the husband cannot be held guilty of raping their wives under the Indian Penal Code, though section 375 is a violation of articles 14 and 21 of the Indian Constitution, that’s why the rape laws under IPC is a said as a loophole for many sexual abusers but can be charged against the offense of sexual assault and domestic abuse under the Domestic Violence Act. So if you find yourself in such a sad situation with your husband, immediately seek help from the best lawyers who can observe your case and can provide help for proper justice.

Lead India has the best team of lawyers who strongly opposes such martial abusers and believes in fighting for your right and justice.