What is marital rape

Marital rape: on the rhetoric of reform opponents and advocates

Rape during marriage: rhetoric of opponents and supporters of reform
[Collective contribution]

Corporate editor
German Society for Sociology (DGS)

Abstract

"The report of the Criminological Research Institute of Lower Saxony on 'sexual violence against women in public and private spaces' published in the summer of 1995 on behalf of the BMFSF once again confirms international findings on the prevalence of rape in marriage: The representative O ... more

"The report of the Criminological Research Institute of Lower Saxony on 'sexual violence against women in public and private spaces' published in the summer of 1995 on behalf of the BMFSF once again confirms international findings on the prevalence of rape in marriage and were raped by their husband living in the same household for 59 years between 1987 and 1991. However, in contrast to other European and non-European countries - despite a discussion on penalization that has been going on since 1968 - there is no criminal offense of rape within marriage in the FRG. The latest draft law of the parliamentary groups of the Bonn government coalition, approved by the legal committee of the Bundestag in May 1996, now provides for the husband to be punished as well, but in contrast to extramarital rape with an irreversible 'right of objection' for the victim ers until the main hearing is opened. The provisional result of the more than twenty years of disputes over the protection of the sexual self-determination of wives in the horizon of equality and equal treatment discourses can be depicted as an interest mediation process in which, within the framework of shifting power relationships and coalitions, heterogeneous political and scientific functional elites on the one hand, social movements and a media mediated public on the other hand (re-) define and (re-) normalize the negotiated phenomenon. The reconstruction of continuity and change in the argumentation figures and strategies for and against penalization as well as the specific interconnection of responsiveness and immunization to the respective conceptions of violence and sexuality when implemented at this interface between public and private focuses the analytical view on the gender and thus socio-political dimensions of the reform process. "(Author's lecture) ... less

Thesaurus keywords
Federal Republic of Germany; Marriage; Wife; Mrs; Rape; Reform; Husband; Law; Criminal offense; Bill; sexual harassment; attitude

classification
Criminal sociology, legal sociology, criminology
Judiciary

method
descriptive study

Title compilation, edited or conference volume
Difference and Integration: The Future of Modern Societies; Negotiations of the 28th Congress of the German Society for Sociology in October 1996 in Dresden; Volume 2: Sections, working groups, forums, Fedor Stepun conference

editor
Rehberg, Karl-Siegbert

conference
28th Congress of the German Society for Sociology "Difference and Integration. The Future of Modern Societies". Dresden, 1996

Language document
German

Year of publication
1997

publishing company
West German Loss

Place of publication
Opladen

Page reference
Pp. 438-442

ISBN
3-531-12878-7

status
Release version; appraised

License
Deposit License - No Redistribution, No Processing