International Journal For Multidisciplinary Research

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Volume 7 Issue 4
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Gender-Sensitive Approaches In Criminal Law: The Case of Marital Sex

Author(s) Ms. GARIMA JUNEJA, Ms. MANYA DUDEJA
Country India
Abstract The legal treatment of marital sex has historically been rooted in societal norms that regard marriage as a private domain, immune to state intervention. This perspective has often resulted in laws that exempt spouses from criminal liability for sexual acts within marriage, under the doctrines of spousal immunity and implied consent. Such legal frameworks have perpetuated gender inequalities, particularly marginalising women and other vulnerable groups by denying them justice in cases of sexual violence within marriage.
In recent decades, there has been a paradigm shift towards adopting gender-sensitive approaches in criminal law, recognising that consent, bodily integrity, and autonomy are fundamental rights that must be protected regardless of marital status. This shift is driven by feminist legal theories, international human rights standards, and societal movements advocating for gender equality. The criminalization of marital rape exemplifies this transformation, challenging long-standing notions that marriage implies perpetual consent and that sexual violence within marriage is a private matter. This research critically examines the evolution of criminal law related to marital sex, emphasising the importance of gender-sensitive approaches that acknowledge the social, cultural, and power dynamics influencing marital sexual relations. It explores the historical context, landmark legal reforms, and comparative jurisdictional analysis, highlighting how various countries have responded to the need for legal recognition of consent within marriage. Further, it discusses the challenges faced in implementing these reforms, including societal resistance, cultural norms, legal ambiguities, and resource constraints. The paper advocates for a comprehensive approach that integrates legal reforms with social change—public awareness, judicial training, victim support systems, and community engagement—to ensure effective protection of rights and promotion of gender equality. The conclusion underscores that gender-sensitive criminal law is not only about changing statutes but also about transforming societal attitudes towards gender roles, sexuality, and autonomy. It calls for a global commitment to reforming legal systems in line with international standards , ensuring that laws protect the dignity, autonomy, and rights of all individuals within marital relationships. Only through such holistic efforts can justice be truly achieved, and gender inequalities addressed effectively within the criminal justice framework.
Keywords: Gender-sensitive law, Marital rape, Consent and autonomy, Criminal justice reform, Gender equality, Violence against women, Marital sex, International human rights standards, Legal reform, Feminist legal theory
Keywords Gender-sensitive criminal law, Marital rape, Consent in marriage, Bodily autonomy, Spousal immunity, Implied consent doctrine, Criminalization of sexual violence, Feminist legal theory, Gender equality in law, Violence against women, Marital sexual violence, Human rights and marriage, Legal reform and gender justice, International human rights standards, Comparative legal analysis, Judicial response to marital rape, Socio-legal perspectives on marriage, Cultural norms and sexual violence, Victim protection and support systems, Autonomy and dignity in criminal law.
Published In Volume 7, Issue 4, July-August 2025
Published On 2025-07-05
DOI https://doi.org/10.36948/ijfmr.2025.v07i04.50279
Short DOI https://doi.org/g9s9g6
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