The absurdity of marital rape

The world we live in today is often a very confusing place to live with its twisted politically correct logic. For centuries, it was a well known and completely accepted fact that men and women who are married to each other, have given explicit consent to the other to have sexual intercourse with one another.

Marriage, by definition is a physical union of two people. Marriage vows include the statement that spouses no longer have sole claim to their bodies but that they also belong to the other. Marriage is a sexual union of two consenting people.

In 1736, Sir Matthew Hale wrote a legal treatise in which he said that in marriage a wife has given herself to her husband (sexually) and cannot retract this consent.

In common law, in both North American and the British Commonwealth spouses have conjugal rights to sexual intercourse with each other and marital rape is therefore impossible.

However, in the latter part of the last century, the politically correct faction finally got their way and as of 2006, 104 countries now have laws against marital rape. The problem with these laws is that they are for all practical purposes nearly impossible to prosecute because a prosecutor needs to prove that consent was withheld. In marriage, by default, one must assume that consent is given and it is difficult to prove the inverse.

There is only one South African case so far where a man, Frederik Christiaan Bossert, has been convicted of marital rape (Janaury 2012). This case is on appeal. Bossert, a former policemen, was a brutal man who abused and assaulted his wife frequently. Bossert is certainly guilty of assault and battery.

They say that marriage is not a thing to be entered into lightly, and there is a good reason for this. By marrying someone, you are giving up many freedoms that you enjoy as a single person. You are joining yourself to another person, taking on all their problems as your own. Your body no longer belongs solely to you. Your time is no longer your own. Your assets and liabilities are also joined. If the person you marry turns out to be a very imperfect picture of how they present themselves to you while unmarried, you may find yourself in a world of hurt. People lie and deceive others in order to accrue personal advantage and marriage has been abused by both men and women in this fashion for as long as the institution has existed.

By writing this post, I am in no way condoning spousal violence or forced intercourse, I am stating my view that marital rape is an absurdity because marriage is explicit consent. If a couple is separated, then under those circumstances, I believe that marital rape can be prosecuted, but not when a couple is living together as man and wife.