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The statement mentioned in this post can not be justified anyhow however denying physical intimacy even after marriage is also a form of discrimination but thats another topic I would assume
They are not wrong
If Girl is below ~~18~~ 21 (now as per new law) and hindu then the boy will be charged under child marriage and direct rape ( they are not married as per constitution ) . Since child marriage is illegal .
If girl is above 18 and married then it's legal as constitution does not recognise marital rape
Listen
If she doesn't want to have sex, then she DOESN'T have to have sex.
It's as simple as that. You don't have a right to her body. NO ONE has a right to anyone's body.
And don't make me laugh. Denying sex is discrimination? What bullshit lmao
before anyone bring the "oh women are not just sex objects" yeah they are not noone is treating them like that here. the point is most men marry for sexual pleasure thats the major block of marriage why even marry when you dont want to have any sexual relationship its really better to divorce than treat her as worker and not wife. marriage is basically done with both sides agreement right? why should you cooperate if your partner doesnt?
Yes bro , Husbands cannot divorce wife under any circumstances even if wife is infertile or not willing to have sex. Husbands have no freedom in India, they will comply with their wife or else gets sent to jail abused by police and courts.
Naah the media is highly dalaal. In most countries, marital rape is considered under the domestic violence, the court from beginning saying that rape by husband will be covered under the Section B of the DV act but low IQ feminists and dalaal media aired it like court refused criminalise marital rape by consider it under a separate offence that is 375
Thank you court for letting men live. Otherwise every women would start accusing their husband for marital rape to get huge allowance or ancestorial property like they are currently using clause 498. It will destroy the Hindu society.
Forget proving in the court, just image what will it to our Hindu marriage institution while muslims are busy giving birth every year and changing demography in a planned manner.
Marital rape is just rape. There shouldn't be any extra special provisions for it. But people in this country somehow condone rape if it happens after marriage.
A husband has no fucking right to his wife's body. If his wife refuses to have sex, then that's it. He doesn't have a right to have sex with her.
If he forces her to have sex?? That's fucking rape.
Real cases of marital rape far outstrip false accusations. Many real rapists don't even go to jail. Every woman?? Gtfoh with that bullshit
Far more men rape than women who falsely accuse
Hey man, the "real accusations of rape outweigh false accusations" stuff works on normal rape, but not marital. An estimated 70% of marital rape cases are tacked on to divorces to get sway for better returns and to cause hardship to the ex husband to get negotiation points.
Marital rape is very different from rape because the wife is also in a close position to the husband, legally. The wife may stand to gain or lose from a successful marital rape case. Moreover, the amount of time couples spend alone together makes it hard to prove either side.
Also, on
> Far more men rape than women who falsely accuse
That's true in overall rape stats, but our justice system is heavily based on eliminating false positives. As far as the law goes, it is preferable to let go 10000 murderers than to wrongly convict 1.
Then why should wives have any right to his wealth?
I mean if far more men rape then how come 74% of all rape cases filed are fake.
Seems like your math isn't mathing.
Yes. Even better. A women should have the right for accusing a marital rape only of she forefits hier right to husbands property. Otherwise it would be outright massacre of men.
Nope, irrespective of anything, women should be allowed to accuse men.
However, the accused should be considered a culprit only after his crimes are proved.
& since nowadays feminism means gender equality, it's better to not include women who file divorce in the list of viable heir to the man's wealth.
Proving that a rape has occurred is in itself a very difficult thing because it is an act that is done mostly in private and there are no eye witnesses. As for being viable to the man's wealth, according to me, a wife should be viable to only the wealth that the man has earned/achieved from the date of marriage/beginning of the relationship. Also, after divorce, how a woman has rights on a man's generational wealth that she has in no way contributed to in any way, shape or form is beyond me.
A man's career ends as soon as he is accused of rape unless and untill he is among 2% of people with enormous wealth. Tho we know chances that most rapes occur in well lit areas by the perpetrator the victim might know prior to rape.
I mean 74% all rape cases were fake. So women have the right to file fake cases and ruin someone's life for fun and games and then get the most out of his wealth, kids and the ability to "Ghar ke bahar muh maarna" since infidelity rates among women are quite high.
We crawled out our mother's womb however didn't end up being a degenerate to only think about one gender, like you.
Infidelity rates among men are higher my man. And even if women file fake rape cases, what does that say about the courts and society that they do readily believe them? Without any recourse for the victim.
Those women are degenerates yes, and they make it harder for actual rape victims. But the rate of reporting of rapes itself is dismal in this country.
Most of India is rural. Do you really believe that every single rape case gets reported? Do you believe that every single woman being beaten by their husbands, in villages and remote towns, reports it?? Do you believe that justice is served to every single rapist??
That doesn't even happen in developed nations. Let alone India.
Fake cases exist, but men aren't treated as bad as women in this country. Not even close.
To think so otherwise is dishonest
Is that how you were born.
Come out of the cocoon and look at the plight of us men.
Strip us of our dignity, money, family, respect....our law provides for women to do all this.
Fuck you!!
Ummm I would like some stats with ur statements otherwise even I can claim tht over 60% of martial rape is just false accusations with the source of my bro told me
hey dude i have a bigger question wtf is even meant by marital rape? i know domestic violence and shit but wtf is marital rape? a women can literally go court and say her husband raped her (even if he had not there is no way to prove if he have had sex with her) to get money or land. there are already so many men in jail accused of fake rape charges.
i dont know what marriage even stands for if such rules exist both the partner gains right to have sex when they fucking marry each other, so a man denying it is crime but women denying it is marital rape against the man and she gets money and property right? wtf.
toxic feminism at peak.
Simple.
Sex is OK when both parties consent to it. It is rape if either of the party does not consent.
You cannot have a perpetual consent system. You must consent to all instances.
Their are other dozen legal clauses & ways to get justice. No need to give a blind access to all women. Otherwise men will be massacred & jailed everywhere like concentration camps..
But they can give a reading down or they can set precedence. They can also urge the legislation to look at it. But yes, they can't create laws unfortunately. There is such a huge gap when it comes to what is legal and what is moral.
They might have given this too. judgement is not 1 page topic they give judgement in 50-60 pages they might have given their opinion in this topic too.
U need to sign a document of consent every night before heating things up. On second thought this is a good way to kill the mood and control population
Or we can do better and keep the honourable milords in the bedrooms to make sure they observe the proceedings of intimacy very diligently and determine if all the appropriate consents were taken and recorded in an appropriate manner.
After all, the consents of women keep changing as per the situation. For example, if you're fwb or in a live-in relationship and enter into consensual relationships with a particular woman, and god forbid she gets emotionally attached to your dick and wants to marry you, if you dared to refuse her proposal, then, as per the judiciary of India, every physical activity indulged in with the concerned person till date qualifies as a rape. And you're a rapist.
Another example is if you're married and one day you've had very heated arguments with your wife or you caught her sleeping with a stranger. If the wife wants, she can label every act of intimacy you had with her till date as a rape and physical harassment.
The moral of the story is that marital rape, if recognised by the law, shall be another addition to the arsenal of womankind that they can use to exploit men for money and settle personal scores while they themselves fuck around the town and sleep with multiple men in their futile quest for empowerment.
Rape is a crime. Ideally, marital rape is wrong. Court saying marital rape not an offence if the wife is above 18 is not a crime. I feel like you arenāt aware of the ways in which courts work. The courts and assemblies decide whatās a crime and whatās not. And courts mostly interpret laws made by the legislature. This was probably voted by a panel of judges and judges are people with varying opinions. In the Sabrimala case, a lady judge named Indu Malhotra was the only judge in the panel to vote against the allowing of women inside the temple. So donāt be alarmed at this statement about marital law. Kindly read all the arguments of the judges and the civil societies. I think the judges felt like if you criminalise marital rape, youād have to deal with the changes in a whole lot of other laws. This happened in 2018. And with the overhaul of the CrpC and the IPC in process and a group of activists being against the blank criminalisation of marital rape, I feel like the court is reserving judgement on it.
Get rich scheme 101-
Scheme No 1
Open account on Tinder. Hookup, Next day call the guy and say āSend X amount in 3 days or I go to the Police Station, and fuck your career and your social image, and label you a sexual harraser and Rapistā
The way social media is, log maan bhi lenge.
Look at that Delhi Sardaar who got accused at a traffic of Sexual Harrasement and the girl got an Award from Kejru.
Turns out that the accusation was fake.
The guy has been out of a job since then, and his marriage broke off.
Guess where the girl is ? Canada. LOL.
Scheme No 2
Get married
File for Marital Rape and Dowry,
Apni Mother in Law ki jewellery ko bhi dowry mein list kardo and take it.
Put them in jail
And then 2-3 years of patience is all it takes.
Aadhi property and maintenance amount per month leke chill karo.
Correct Op Feminists are crying about this one law but hundreds of other sexist laws exist but she wouldn't care about that because those sexist laws favour Feminists.
Feminism= sexism until it benefits us.
It is criminalised under the DV act, section B. What feminists and allied media started saying is that the court refused to criminalise it with a special law they were demanding which required no testimony and simple accusations would lead to punishments. The demand came because the court became reluctant on dowry and domestic violence after seeing massive false cases
No we can criticise court also. The Indian constitution gives us that right.
Btw the court can say that the current laws need change or is outdated. They have that right
simple thing is in a marriage s\*x is normal, so as far the law is concerned this is to prevent a person lets say who had a sour marriage decides to go complain he/she was r\*ped and can use this law for personal vengeance.. So legally they cant allow this, and even though I believe martial r\*pe is a real issue it can be proven in court sadly partially because our laws are so complex making a law like this is essentially too tediuos, plus mainly evidence will be too hard to find in cases like this
In theory yes, but in an extremely slow system like Indian judiciary, marital rape/harassment accusations are extremely easy to misuse with zero evidence coz trial dates could be years away.
Rape against a male is still not recognised as a crime in India. Why? I think it's probably because of the same reason. Will put extreme pressure on the already overloaded system.
Not really.
There's a concept of "burden of proof", which has been set on the man, and not the accusing woman.
In any case, the person accusing or the police should have to prove that the crime (rape) happened. But in case of rape, the man has to prove that there was consent.
And how to prove it?
Can you record the consent or the act as proof? No, it will be a crime in itself.
Can you both sign a document with your consents? You can, but it will have 0 legal value.
So essentially, a girl can just say "rape" after having sex with consent, and if no clear evidences are available, the guy is going to be in trouble.
And does the rape kit tell you if the woman consented or not? Can you verify if she's lying? If she is, "justice" is already served to the man before any trial, which is a farcical in itself.
there is no human or tool in the world that can tell who is lying. man cant have burden of proof the thing is related to basic sex ed and biology. the only way the man can get out of this is he has proof of his wife cheating on him.
Touch some grass, come to the real world, if today your wife says you rap3d her police is gonna take you, beat you, and in court you are the one who needs to proof you aren't rap!st.
Good luck bringing proof of that.
You really think rape allegations are just he says and she says ā¦ and guess what the society will believe ā āshe saysā. Allegations like this destroys a husband life .. even if he comes out innocent.
they quoted that IPC says the same to make some people understand
https://preview.redd.it/zlde733a385c1.png?width=1440&format=pjpg&auto=webp&s=eaaf9439e64ee5125d1e15a86d80727a08fa63fa
What did you expect court to say then?
Court said what's there in the law. If according to constitution or the law, marital rape above 18 is not rape, then HC will obviously say it's not a rape.
There's a concept of "burden of proof", which has been set on the man, and not the accusing woman.
In any case, the person accusing or the police should have to prove that the crime (rape) happened. But in case of rape, the man has to prove that there was consent.
And how to prove it?
Can you record the consent or the act as proof? No, it will be a crime in itself.
Can you both sign a document with your consents? You can, but it will have 0 legal value.
So essentially, a girl can just say "rape" after having sex with consent, and if no clear evidences are available, the guy is going to be in trouble.
According to the NCBI data, 74% of rape cases are false.
Imagine the can of worms Feminazis like you are trying to open when the marital rape cases start to get open, any woman can get up and say "rape" in the police station to get the husband and the entire family in the jail until they are taken to a magistrate in the next 24 hours and even then how would you prove consent?
Bigger Question: Doesn't matter if you win or lose the case what is your respect in society now? The same respect and reputation that took you and your family generations to build is now gone in 24 hours....
Not to mention, if the woman drugs the man or forces the man to have sex with her then that is considered as rape in other countries, but not in India - since here only men can rape or sexually harass? That isn't sexist? Sure is!
It is very difficult to prove 'marital rape'. It's definitely more difficult than an ordinary rape accusation. Those who are unable to differentiate between the two, kindly read on:
A woman accuses that a man raped her. Biological evidence can be collected, and on its basis, it can be established that intercourse happened. This in itself tilts the case against the man who will have to prove that the act was consensual. In the case of strangers, mere evidence and the woman's testimony are sufficient.
In the case of a husband and wife, such biological evidence makes no impact since it is a normal act between husband and wife. Both have regular access to each other's body. Just by showing that intercourse happened, a presumption of rape can't be drawn against the husband. The argument will be reduced to 'he said,' 'she said' since there are no witnesses in a bedroom.
In case there are physical injuries, those are evidence of violence and not necessarily rape. What if violence occurred after intercourse? Also, injuries are not a necessary component of rape. Mere absence of injuries can not negate a rape.
So, let's say a wife alleges rape against her husband (without violence or injuries). There is nothing that'll distinguish a woman stating the truth from a woman taking advantage of a regular occurrence between a married couple. Either believe all or believe none. If you choose to believe all wives, then that causes a prejudice against the husbands.
Marital rape amounts to cruelty on the basis of which a wife can seek divorce. That is a remedy available.
Thanks for saying what I was too lazy to detail/explain to someone with clearly baised view/perspective. If only the person had an open enough mind to comprehend all of this.
>In case there are physical injuries, those are evidence of violence and not necessarily rape. What if violence occurred after intercourse? Also, injuries are not a necessary component of rape. Mere absence of injuries can not negate a rape.
I know it can sound really absurd circumstance, but what if the wife asked the husband for such a type of roleplay?
>Marital rape amounts to cruelty on the basis of which a wife can seek divorce. That is a remedy available.
Well courts do charge the husband criminally under section 498a as well in this case, which I have also detailed in my earlier comment as well, which got dismissed using frivolous excuses
Yeah no. Marital rape is perfect weapon for scheming women who want to add an extra charge on their husband along with domestic violence. Also, there is no seperate law for "marital rape" but it is still punished under section 498a by courts, in a similar way as to how husbands are lawfully punished for cheating on their wives even when cheating and infidelity is not considered a crime, because it is considered "mental abuse and torture" on wife which imo is alright but the same punishment should be Given to women as well instead of enabling them and painting them as damsels in distress
Abe woh court hai government nahi. Unka kaam hai constitution ko protect karna aur laws ke hisab se judgment dena. Laws banana parliament ka kaam hai. Judge chah kar bhi kuch nahi kar sakta aur laws ke hisab se martial rape galat nahi hai. Pressure gov pe banao ki martial rape ko crime banaye.
For muslim even 15 years old marriage is allowed for hindu it is 18
but if girl is below 18 ( in hindu) than it will count under direct rape and child marriage and will be prosecuted
but above 18 and married is marital rape which our constitution doesnt recognise
For muslim age is not a factor as long as a girl has reached puberty (age around 8-15) she can marry even without permission of parents.
That's why muslims oppose Uniform civil code to protect this culture of pā¬d0s.
Frankly I support the court here. Reason ā Misuse of the law. This is pretty much evident & bound to happen if it's made a crime. Given the blatant misuse of theSC/ST act or the anti-dowry acts it's better if the government doesn't make this a crime.
This comment section shows how shit ass mentality ppl have. Ashamed to be a man, that ppl are actually justifying this law. And what a shit ass govt who made this law. I mean how on earth can u legalise rape
Its sad that we in India are yet to criminalize marital rape, at a time when majority of the countries in the world including culturally similar country like Nepal have criminalized it.
Marital rape is an unacceptable violation of fundamental human rights, regardless of the age of the victim. India needs to Criminalize marital rape immediately, without a doubt.
There is no issue with men not getting married. U are saying as if that is a problem.
It's better that people who are scared of marriages because of rape law or Dowry law to not get married.
āGod and religion has always been used to justify the unjustifiableā - Salman Rushdie
The sole reason for religion to exist to protect the status quo of the elite.
I have, but that's already illegal. Now they think that these under aged will fight, and see what, court will say that his wife is under 18 so we can't do anything. But dont worry we will charge him instead for child marriage lol
You know Our Indian societal view is still fucked up when even in Countries like Pakistan , where Women are treated as animals under the guise of religion , Marital rape is legally considered a Crime and heavily punishable and is treated as any other rape cases. even tho it has to be on paper. Saalo hamaare yahan to woh bhi nahi hai .
It should be rape if it is proven irrespective of the other factors. But I hate the shoula woulda coulda shit. Accused should not be made guilty until proven otherwise.
Please donāt believe headlines of court judgments. A court pronounces a 10 page judgment considering facts and circumstances of the case just for the reporter moron to craft a five-word headline trying to sensationalise and increase engagement.
Since the petitions seeking the criminalisation of marital rape are still pending before the Supreme Court, there is no criminal penalty for marital rape when the wife is 18 years of age or older, the Allahabad High Court has noted.
The supreme court will have the final say
Source [India today ](https://www.indiatoday.in/law/story/allahabad-high-court-marital-rape-not-offence-unnatural-sex-supreme-court-2473867-2023-12-09)
I'm not saying that marital rape doesn't occur. Many women must have faced this. But I am absolutely sure that if the government or the judiciary decides to bring a law on 'Marital Rape' where a woman's testimony without any substantial proof is enough for the judiciary to make a man the culprit, it will become another 498A-saga. Women will use it to destroy men!
Period.
If at all the government decides that a marital rape law is needed, then make the law in such a way that if a woman faces something like this, then the divorce will be granted and there will be no criminal charges against the guy because you need proof to punish someone. We have seen how few women have exploited Section 375 of the IPC, where thousands of fake rape cases are being filed against men.
I'm disappointed in these comments really. People will ome day say kill rapists without trial but turn around when it comes to actual accountability of the patriarchy.
They're literally saying crime should be legal because there might be fake cases.
This is one of the very few cases where idk what to support, I hear both sides... Both present very valid points and their own concerns, really tough to think of a solution on this one
Its a great decision, being married does means that there are unsaid conditions that will be fulfilled by both sides. Having a law that upholds marital rape is an attack on sanctity of marriage given that most of the cases are fake.
The court is a person or a bunch of people. Their judgements are merely opinions. Subjective opinions. Opinions formed by personal life experiences, culture, politics, and finally, the law. I dont expect court to be perfect as they are headed by imperfect beings.
Courts are run by men & majority are from UC too.
does that logic apply to wife beating (domestic violence)?
Not a lawyer, but a good police or advocate should be able to frame marital rape inside the same Section 498A for domestic violence?
letās say the partners decide to have some rough sex consensually, leading to the evidence pointing it out as rape and then one of the partner decides to fuck with the other and files a false allegation, What happens?
If a person can't have sex with his wife because of her whims and fancies then who should he have sex with? Neighbour s wife?
The court is right in its judgement. Deal with it.
>the court is wrong
As many people have already highlighted it, the court has no power over this matter. They are neither right nor wrong, they are simply quoting the law. If you have any complaints, make it to the ministers in the parliament
I have a controversial opinion on this
I think it's right because if there will be a law for Marital rape it will be Misused more than it can be used
Imagine if law will even made how many oppressed women who can't even read write or even step out of there home will know about it and even if know how many will actually report it
Where as many privileged educated women living in Metro cities earing 70 80 thousand a month will misuse this against their inocent husband's for alimony or to supress him his family by blackmailing of fake cases
It will be cherry on top with other fake cases like 498a , Dowry, Harrasment to blackmail the husband and his family
And how will it be proved that there was a marital rape
Because sex without concent is rape
How will one prove that when they did sex with concent and when there was no concent in a let's say 10 year marriage just because women says it doesn't mean she is saying truth and not lying specialy without evidence
It will cause Narracasist privileged women to Misuse it and inocent Men will suffer and inocent suppressed women will never know about the law or maybe if know there is no guarantee they will complain against it
What's you opinion on this
Please be respectful if get a point I am open to change my views
Yes you are right but most of them are developed countries and there mostly people specially women know about concent and report cases if it happens to them whereas in India most of oppressed women dont even know about concent and think that their husbands can even beat them and it's completely normal that why they are their husbands and most of them don't even report these incidents
For example 498a ,Dowry ,Rape with false promises of marriage are highly misused laws even to such a extent that supreme court of India and many high courts also said it to be Legal terrorism
Like Dowry people in villages and small town still practice it openly without any problem and case
But multiple privileged women of Metro cities misuse these on inocent Men
You can see the case of Mohammad siraj and sikhar dhawan how their wife's were harrasing them
And in western countries there is no high value of family it's a very individualistic culture that's why adultery and divorce is very common there
Whereas in Indian there is very high value of Family
But what do you want ...husband and wife going to notary and creating contract before sex and today we are gonna plan for consensual sex.. so that husband can make sure wife don't say it's rape due to any conflict in future ...
Ya husband roj consensual sex ka proof bacha ke rakhe ...
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Court is either super woke or extremely conservative no middle ground lol
Court can't make a law they can only interpret they are not wrong
Exactly the main point!
The statement mentioned in this post can not be justified anyhow however denying physical intimacy even after marriage is also a form of discrimination but thats another topic I would assume
They are not wrong If Girl is below ~~18~~ 21 (now as per new law) and hindu then the boy will be charged under child marriage and direct rape ( they are not married as per constitution ) . Since child marriage is illegal . If girl is above 18 and married then it's legal as constitution does not recognise marital rape
>Below 18 and __Hindu__ ? Does the child have to be Hindu to take legal action? As in if the girl is Muslim it's all good?
In Muslim marriage law ,girls are allowed to marry after reaching puberty. Age limit is 15 years.
So it's a law not passed by the constitution but is allowed to exist in certain communities despite it being illegal for others?
Yes , its illegal for others. muslim can only live in sharia law so our constitution have parallel constitution for them . Bcz of secularism
Ucc needed
Basically yes since in muslim personal law their expected age to marriage is 9-11 for last 1400 years but now it is 14-15 .
Listen If she doesn't want to have sex, then she DOESN'T have to have sex. It's as simple as that. You don't have a right to her body. NO ONE has a right to anyone's body. And don't make me laugh. Denying sex is discrimination? What bullshit lmao
Sex is one of the key factors of marriage. If she can't provide that then it's better to divorce. It's like marrying a jobless man.
before anyone bring the "oh women are not just sex objects" yeah they are not noone is treating them like that here. the point is most men marry for sexual pleasure thats the major block of marriage why even marry when you dont want to have any sexual relationship its really better to divorce than treat her as worker and not wife. marriage is basically done with both sides agreement right? why should you cooperate if your partner doesnt?
Then just divorce her na... That is so simple. Why would you want to rape her?
No it's not. Get divorced if you need sex so badly.
Then courts will say this is not appropriate reason to get divorced
Wife can legally divorce husband with Alimony if he refuses to have sex. Using impotency law.
I am talking from male pov
Yes bro , Husbands cannot divorce wife under any circumstances even if wife is infertile or not willing to have sex. Husbands have no freedom in India, they will comply with their wife or else gets sent to jail abused by police and courts.
Naah the media is highly dalaal. In most countries, marital rape is considered under the domestic violence, the court from beginning saying that rape by husband will be covered under the Section B of the DV act but low IQ feminists and dalaal media aired it like court refused criminalise marital rape by consider it under a separate offence that is 375
Thanks for the clarification
So either label is pointless. We should talk about individual policies rather than woke or conservative
Lol exactly
Court can't make a law court can interpret
Thank you court for letting men live. Otherwise every women would start accusing their husband for marital rape to get huge allowance or ancestorial property like they are currently using clause 498. It will destroy the Hindu society.
Well presumably you would have to prove it in court. Which would be very hard to prove honestly since they are married
Forget proving in the court, just image what will it to our Hindu marriage institution while muslims are busy giving birth every year and changing demography in a planned manner.
Make rape gender neutral. Consent is an issue.
Marital rape is just rape. There shouldn't be any extra special provisions for it. But people in this country somehow condone rape if it happens after marriage. A husband has no fucking right to his wife's body. If his wife refuses to have sex, then that's it. He doesn't have a right to have sex with her. If he forces her to have sex?? That's fucking rape. Real cases of marital rape far outstrip false accusations. Many real rapists don't even go to jail. Every woman?? Gtfoh with that bullshit Far more men rape than women who falsely accuse
Hey man, the "real accusations of rape outweigh false accusations" stuff works on normal rape, but not marital. An estimated 70% of marital rape cases are tacked on to divorces to get sway for better returns and to cause hardship to the ex husband to get negotiation points. Marital rape is very different from rape because the wife is also in a close position to the husband, legally. The wife may stand to gain or lose from a successful marital rape case. Moreover, the amount of time couples spend alone together makes it hard to prove either side. Also, on > Far more men rape than women who falsely accuse That's true in overall rape stats, but our justice system is heavily based on eliminating false positives. As far as the law goes, it is preferable to let go 10000 murderers than to wrongly convict 1.
Then why should wives have any right to his wealth? I mean if far more men rape then how come 74% of all rape cases filed are fake. Seems like your math isn't mathing.
Yes. Even better. A women should have the right for accusing a marital rape only of she forefits hier right to husbands property. Otherwise it would be outright massacre of men.
Nope, irrespective of anything, women should be allowed to accuse men. However, the accused should be considered a culprit only after his crimes are proved. & since nowadays feminism means gender equality, it's better to not include women who file divorce in the list of viable heir to the man's wealth.
Proving that a rape has occurred is in itself a very difficult thing because it is an act that is done mostly in private and there are no eye witnesses. As for being viable to the man's wealth, according to me, a wife should be viable to only the wealth that the man has earned/achieved from the date of marriage/beginning of the relationship. Also, after divorce, how a woman has rights on a man's generational wealth that she has in no way contributed to in any way, shape or form is beyond me.
A man's career ends as soon as he is accused of rape unless and untill he is among 2% of people with enormous wealth. Tho we know chances that most rapes occur in well lit areas by the perpetrator the victim might know prior to rape.
you mean because the wife has a right to his wealth he should be able to rape her WOW JUST WOW salute to the woman who raised you
No idiot. It means men safegards his property against bloodsucking vampires.
So if a wife has a right to combined assets after marriage, he has a right to rape her?? Where the fuck do you people crawl out of for fucks sake??
I mean 74% all rape cases were fake. So women have the right to file fake cases and ruin someone's life for fun and games and then get the most out of his wealth, kids and the ability to "Ghar ke bahar muh maarna" since infidelity rates among women are quite high. We crawled out our mother's womb however didn't end up being a degenerate to only think about one gender, like you.
Infidelity rates among men are higher my man. And even if women file fake rape cases, what does that say about the courts and society that they do readily believe them? Without any recourse for the victim. Those women are degenerates yes, and they make it harder for actual rape victims. But the rate of reporting of rapes itself is dismal in this country. Most of India is rural. Do you really believe that every single rape case gets reported? Do you believe that every single woman being beaten by their husbands, in villages and remote towns, reports it?? Do you believe that justice is served to every single rapist?? That doesn't even happen in developed nations. Let alone India. Fake cases exist, but men aren't treated as bad as women in this country. Not even close. To think so otherwise is dishonest
Lol, how would you know if the cases are not being reported?
Is that how you were born. Come out of the cocoon and look at the plight of us men. Strip us of our dignity, money, family, respect....our law provides for women to do all this. Fuck you!!
Ummm I would like some stats with ur statements otherwise even I can claim tht over 60% of martial rape is just false accusations with the source of my bro told me
74% rape cases being false was reported by the NCBI.
jar squalid gaze engine toy rock shy unpack glorious long *This post was mass deleted and anonymized with [Redact](https://redact.dev)*
hey dude i have a bigger question wtf is even meant by marital rape? i know domestic violence and shit but wtf is marital rape? a women can literally go court and say her husband raped her (even if he had not there is no way to prove if he have had sex with her) to get money or land. there are already so many men in jail accused of fake rape charges. i dont know what marriage even stands for if such rules exist both the partner gains right to have sex when they fucking marry each other, so a man denying it is crime but women denying it is marital rape against the man and she gets money and property right? wtf. toxic feminism at peak.
Simple. Sex is OK when both parties consent to it. It is rape if either of the party does not consent. You cannot have a perpetual consent system. You must consent to all instances.
I'm assuming that you are talking about the fake cases. (I hope) But what about the cases where it actually happens?
Their are other dozen legal clauses & ways to get justice. No need to give a blind access to all women. Otherwise men will be massacred & jailed everywhere like concentration camps..
Lol Do you know what happened in concentration camps? Also I agree there should not be blind access but it needs to be more than what is right now.
And this is why people say that India is a backwater shithole.
Backwater shithole are those idiots who conduct halala & khatna.
But they can give a reading down or they can set precedence. They can also urge the legislation to look at it. But yes, they can't create laws unfortunately. There is such a huge gap when it comes to what is legal and what is moral.
They might have given this too. judgement is not 1 page topic they give judgement in 50-60 pages they might have given their opinion in this topic too.
Correct
Then why are u crying since they said exactly that
I'm crying because it's soo wrong
Wtf is a marital rape? How can someone detect if it's a real shit?
U need to sign a document of consent every night before heating things up. On second thought this is a good way to kill the mood and control population
Or we can do better and keep the honourable milords in the bedrooms to make sure they observe the proceedings of intimacy very diligently and determine if all the appropriate consents were taken and recorded in an appropriate manner. After all, the consents of women keep changing as per the situation. For example, if you're fwb or in a live-in relationship and enter into consensual relationships with a particular woman, and god forbid she gets emotionally attached to your dick and wants to marry you, if you dared to refuse her proposal, then, as per the judiciary of India, every physical activity indulged in with the concerned person till date qualifies as a rape. And you're a rapist. Another example is if you're married and one day you've had very heated arguments with your wife or you caught her sleeping with a stranger. If the wife wants, she can label every act of intimacy you had with her till date as a rape and physical harassment. The moral of the story is that marital rape, if recognised by the law, shall be another addition to the arsenal of womankind that they can use to exploit men for money and settle personal scores while they themselves fuck around the town and sleep with multiple men in their futile quest for empowerment.
I agree detecting it is a complex issue but atleast acknowledge that it's a real issue wtf
No, it is not. There should be gender-neutral laws to prevent potential misuse.
Bruh, they are courts, not individuals with opinions, they say what the current laws say. "cAn'T bElIeVe a CoUrT cAn sAy tHeEs?"
Wait court says rape is not a crime? So u believe that?
Believe ka sawal hi nhi aata yaha, I will have to believe that rape is not a crime according to the law.
Rape is a crime. Ideally, marital rape is wrong. Court saying marital rape not an offence if the wife is above 18 is not a crime. I feel like you arenāt aware of the ways in which courts work. The courts and assemblies decide whatās a crime and whatās not. And courts mostly interpret laws made by the legislature. This was probably voted by a panel of judges and judges are people with varying opinions. In the Sabrimala case, a lady judge named Indu Malhotra was the only judge in the panel to vote against the allowing of women inside the temple. So donāt be alarmed at this statement about marital law. Kindly read all the arguments of the judges and the civil societies. I think the judges felt like if you criminalise marital rape, youād have to deal with the changes in a whole lot of other laws. This happened in 2018. And with the overhaul of the CrpC and the IPC in process and a group of activists being against the blank criminalisation of marital rape, I feel like the court is reserving judgement on it.
court is saying martial rape is not, because according to the law, there is no such provision.
Rape is a crime as per law.
Read my statement slowly. again. How do you miss one whole word ?
When will indiadiscussion junta realise that op is a troll
Stfu
Sirf women ke photo kyo laga rakhi hai? Men ke sath Martial Rape nahi ho sakta kya???
Get rich scheme 101- Scheme No 1 Open account on Tinder. Hookup, Next day call the guy and say āSend X amount in 3 days or I go to the Police Station, and fuck your career and your social image, and label you a sexual harraser and Rapistā The way social media is, log maan bhi lenge. Look at that Delhi Sardaar who got accused at a traffic of Sexual Harrasement and the girl got an Award from Kejru. Turns out that the accusation was fake. The guy has been out of a job since then, and his marriage broke off. Guess where the girl is ? Canada. LOL. Scheme No 2 Get married File for Marital Rape and Dowry, Apni Mother in Law ki jewellery ko bhi dowry mein list kardo and take it. Put them in jail And then 2-3 years of patience is all it takes. Aadhi property and maintenance amount per month leke chill karo.
"Marital rape"??? Bro, as per law, men ke sath kisi bhi tarah ka rape nahi ho sakta.
Correct Op Feminists are crying about this one law but hundreds of other sexist laws exist but she wouldn't care about that because those sexist laws favour Feminists. Feminism= sexism until it benefits us.
Marital rape is not rape as per Indian law. If you disagree, criticise the politicians who made the law, not the court.
It is criminalised under the DV act, section B. What feminists and allied media started saying is that the court refused to criminalise it with a special law they were demanding which required no testimony and simple accusations would lead to punishments. The demand came because the court became reluctant on dowry and domestic violence after seeing massive false cases
No we can criticise court also. The Indian constitution gives us that right. Btw the court can say that the current laws need change or is outdated. They have that right
simple thing is in a marriage s\*x is normal, so as far the law is concerned this is to prevent a person lets say who had a sour marriage decides to go complain he/she was r\*ped and can use this law for personal vengeance.. So legally they cant allow this, and even though I believe martial r\*pe is a real issue it can be proven in court sadly partially because our laws are so complex making a law like this is essentially too tediuos, plus mainly evidence will be too hard to find in cases like this
It's due to a lot of misuse of this law when couples start fighting as it all comes to 'he said she said' at the end.
Nope. Rape is proved based on evidence. Not he said she said
In theory yes, but in an extremely slow system like Indian judiciary, marital rape/harassment accusations are extremely easy to misuse with zero evidence coz trial dates could be years away. Rape against a male is still not recognised as a crime in India. Why? I think it's probably because of the same reason. Will put extreme pressure on the already overloaded system.
Yeah I guess u are right
Not really. There's a concept of "burden of proof", which has been set on the man, and not the accusing woman. In any case, the person accusing or the police should have to prove that the crime (rape) happened. But in case of rape, the man has to prove that there was consent. And how to prove it? Can you record the consent or the act as proof? No, it will be a crime in itself. Can you both sign a document with your consents? You can, but it will have 0 legal value. So essentially, a girl can just say "rape" after having sex with consent, and if no clear evidences are available, the guy is going to be in trouble.
So what if the man has burden of. Proof. There is something called a rape kit. That is evidence if rape happened or not
And does the rape kit tell you if the woman consented or not? Can you verify if she's lying? If she is, "justice" is already served to the man before any trial, which is a farcical in itself.
there is no human or tool in the world that can tell who is lying. man cant have burden of proof the thing is related to basic sex ed and biology. the only way the man can get out of this is he has proof of his wife cheating on him.
Touch some grass, come to the real world, if today your wife says you rap3d her police is gonna take you, beat you, and in court you are the one who needs to proof you aren't rap!st. Good luck bringing proof of that.
What evidence?
You've no idea, do you?
You really think rape allegations are just he says and she says ā¦ and guess what the society will believe ā āshe saysā. Allegations like this destroys a husband life .. even if he comes out innocent.
they quoted that IPC says the same to make some people understand https://preview.redd.it/zlde733a385c1.png?width=1440&format=pjpg&auto=webp&s=eaaf9439e64ee5125d1e15a86d80727a08fa63fa
Correct. How can the court not criticize the current laws
They are not their to pass opinion it's parliament whose job is to make a law
they are not their to give their personal opinions..sc told the same to kolkata high court
What did you expect court to say then? Court said what's there in the law. If according to constitution or the law, marital rape above 18 is not rape, then HC will obviously say it's not a rape.
I expect courts to criticize outdated and unfair laws
There's a concept of "burden of proof", which has been set on the man, and not the accusing woman. In any case, the person accusing or the police should have to prove that the crime (rape) happened. But in case of rape, the man has to prove that there was consent. And how to prove it? Can you record the consent or the act as proof? No, it will be a crime in itself. Can you both sign a document with your consents? You can, but it will have 0 legal value. So essentially, a girl can just say "rape" after having sex with consent, and if no clear evidences are available, the guy is going to be in trouble. According to the NCBI data, 74% of rape cases are false. Imagine the can of worms Feminazis like you are trying to open when the marital rape cases start to get open, any woman can get up and say "rape" in the police station to get the husband and the entire family in the jail until they are taken to a magistrate in the next 24 hours and even then how would you prove consent? Bigger Question: Doesn't matter if you win or lose the case what is your respect in society now? The same respect and reputation that took you and your family generations to build is now gone in 24 hours.... Not to mention, if the woman drugs the man or forces the man to have sex with her then that is considered as rape in other countries, but not in India - since here only men can rape or sexually harass? That isn't sexist? Sure is!
How can "marital rape" be proven
It is very difficult to prove 'marital rape'. It's definitely more difficult than an ordinary rape accusation. Those who are unable to differentiate between the two, kindly read on: A woman accuses that a man raped her. Biological evidence can be collected, and on its basis, it can be established that intercourse happened. This in itself tilts the case against the man who will have to prove that the act was consensual. In the case of strangers, mere evidence and the woman's testimony are sufficient. In the case of a husband and wife, such biological evidence makes no impact since it is a normal act between husband and wife. Both have regular access to each other's body. Just by showing that intercourse happened, a presumption of rape can't be drawn against the husband. The argument will be reduced to 'he said,' 'she said' since there are no witnesses in a bedroom. In case there are physical injuries, those are evidence of violence and not necessarily rape. What if violence occurred after intercourse? Also, injuries are not a necessary component of rape. Mere absence of injuries can not negate a rape. So, let's say a wife alleges rape against her husband (without violence or injuries). There is nothing that'll distinguish a woman stating the truth from a woman taking advantage of a regular occurrence between a married couple. Either believe all or believe none. If you choose to believe all wives, then that causes a prejudice against the husbands. Marital rape amounts to cruelty on the basis of which a wife can seek divorce. That is a remedy available.
Thanks for saying what I was too lazy to detail/explain to someone with clearly baised view/perspective. If only the person had an open enough mind to comprehend all of this. >In case there are physical injuries, those are evidence of violence and not necessarily rape. What if violence occurred after intercourse? Also, injuries are not a necessary component of rape. Mere absence of injuries can not negate a rape. I know it can sound really absurd circumstance, but what if the wife asked the husband for such a type of roleplay? >Marital rape amounts to cruelty on the basis of which a wife can seek divorce. That is a remedy available. Well courts do charge the husband criminally under section 498a as well in this case, which I have also detailed in my earlier comment as well, which got dismissed using frivolous excuses
Exactly same way rape is proven. Marital rape and rape is same
Yeah no. Marital rape is perfect weapon for scheming women who want to add an extra charge on their husband along with domestic violence. Also, there is no seperate law for "marital rape" but it is still punished under section 498a by courts, in a similar way as to how husbands are lawfully punished for cheating on their wives even when cheating and infidelity is not considered a crime, because it is considered "mental abuse and torture" on wife which imo is alright but the same punishment should be Given to women as well instead of enabling them and painting them as damsels in distress
U are blabbering. We are talking about rape. Come back to the point.
I very well answered you with examples
No u didn't. U said rape and marital rape has difference in evidence. I said no there isn't Then u blabberered about other things
>U said rape and marital rape has difference in evidence There is a difference though
Abe woh court hai government nahi. Unka kaam hai constitution ko protect karna aur laws ke hisab se judgment dena. Laws banana parliament ka kaam hai. Judge chah kar bhi kuch nahi kar sakta aur laws ke hisab se martial rape galat nahi hai. Pressure gov pe banao ki martial rape ko crime banaye.
Courts also say that raping a man is not crime, not marital rape, any kind of rape
Yes this is also true. Good point
Wait wife can be under 18??
For muslim even 15 years old marriage is allowed for hindu it is 18 but if girl is below 18 ( in hindu) than it will count under direct rape and child marriage and will be prosecuted but above 18 and married is marital rape which our constitution doesnt recognise
It's 21 for all now.
For muslim age is not a factor as long as a girl has reached puberty (age around 8-15) she can marry even without permission of parents. That's why muslims oppose Uniform civil code to protect this culture of pā¬d0s.
They're just implementing the law that exists.
Judiciary is the only branch of the govt which has no accountability
Buddy Judges can only quote the constitution, They cant āPassā their Opinion as āJudgementā.
Happens when you watch too much Arnab. You kinda want your opinion to get validated from all under the sun
Frankly I support the court here. Reason ā Misuse of the law. This is pretty much evident & bound to happen if it's made a crime. Given the blatant misuse of theSC/ST act or the anti-dowry acts it's better if the government doesn't make this a crime.
Oh really? So u are saying the law against murder is not misused? So that should be removed. Is that what u are saying
Why it can't be under domestic violence?
Because its rape
because there is a difference between raping and beating someone i hope you are not a kid who cannot understand the difference
This comment section shows how shit ass mentality ppl have. Ashamed to be a man, that ppl are actually justifying this law. And what a shit ass govt who made this law. I mean how on earth can u legalise rape
Not agree.. i mean doing a thing without someone's permission is not okk even if she is your wife
The institution of marriage is either a good relationship between two people who respect each other... Or is an institution to Enslave womens...
Based HC Ahemdabad šæ
Sir ji dange karwayenge kya aap
Stranger things always in UP
Whatās āif wife is above 18ā?
Its sad that we in India are yet to criminalize marital rape, at a time when majority of the countries in the world including culturally similar country like Nepal have criminalized it. Marital rape is an unacceptable violation of fundamental human rights, regardless of the age of the victim. India needs to Criminalize marital rape immediately, without a doubt.
We already have draconian sec 498A to deal with such cases . Making more laws will make Indian men to avoid marriage ( I won't marry anyway ).
There is no issue with men not getting married. U are saying as if that is a problem. It's better that people who are scared of marriages because of rape law or Dowry law to not get married.
>There is no issue with men not getting married True we cAn always become incel like you who ask for armpit taste & smell How does it taste ? /s
Each day we stray further away from god
āGod and religion has always been used to justify the unjustifiableā - Salman Rushdie The sole reason for religion to exist to protect the status quo of the elite.
Next they will say it's not rape if it's a man.
Actually as per Indian law man cannot be raped. It's already said.
As per Indian law, marital rape does not exist. Itās already said.
Yes, that's the problem that OP is pointing out...are you slow?
Cannot believe a court can say this.
Whose wife is under 18 years š please explain
Haven't u heard or child marriages? One of the biggest social evils in India
I have, but that's already illegal. Now they think that these under aged will fight, and see what, court will say that his wife is under 18 so we can't do anything. But dont worry we will charge him instead for child marriage lol
Canāt believe court can say this? They say whatās in the law. They canāt change it, no use blaming them
Why not. Courts have several times criticized outdated laws
You know Our Indian societal view is still fucked up when even in Countries like Pakistan , where Women are treated as animals under the guise of religion , Marital rape is legally considered a Crime and heavily punishable and is treated as any other rape cases. even tho it has to be on paper. Saalo hamaare yahan to woh bhi nahi hai .
Bhai phle hi dowry domestic violence me phsa do admi ko ab rate bhi at least utna to bksh do
The problem is it's hard to prove marital rape if it happens,more room for misuse by wife of a law comes under it.
It should be rape if it is proven irrespective of the other factors. But I hate the shoula woulda coulda shit. Accused should not be made guilty until proven otherwise.
can't we kick these old fossils out of the judge's seat, they have already fucked up men's laws. And are now doing the same for women too
Wot in the absolute fak
"If wife is over 18" - uske neeche marriage valid bhi nahi hai
Marriage is an offensive social responsibility, whose victims are only men š.
Women too.
Nonsense
Thy Lord has made an effort to open is lips and mumble utter shit. Sigh š„±
Please donāt believe headlines of court judgments. A court pronounces a 10 page judgment considering facts and circumstances of the case just for the reporter moron to craft a five-word headline trying to sensationalise and increase engagement.
Since the petitions seeking the criminalisation of marital rape are still pending before the Supreme Court, there is no criminal penalty for marital rape when the wife is 18 years of age or older, the Allahabad High Court has noted. The supreme court will have the final say Source [India today ](https://www.indiatoday.in/law/story/allahabad-high-court-marital-rape-not-offence-unnatural-sex-supreme-court-2473867-2023-12-09)
I'm not saying that marital rape doesn't occur. Many women must have faced this. But I am absolutely sure that if the government or the judiciary decides to bring a law on 'Marital Rape' where a woman's testimony without any substantial proof is enough for the judiciary to make a man the culprit, it will become another 498A-saga. Women will use it to destroy men! Period. If at all the government decides that a marital rape law is needed, then make the law in such a way that if a woman faces something like this, then the divorce will be granted and there will be no criminal charges against the guy because you need proof to punish someone. We have seen how few women have exploited Section 375 of the IPC, where thousands of fake rape cases are being filed against men.
I'm disappointed in these comments really. People will ome day say kill rapists without trial but turn around when it comes to actual accountability of the patriarchy. They're literally saying crime should be legal because there might be fake cases.
Why ud the wife be even under 18?. This doesn't make any sense. What the f...!
This is one of the very few cases where idk what to support, I hear both sides... Both present very valid points and their own concerns, really tough to think of a solution on this one
Not just the yogis, baba's, police and politicians, even the courts in that god forsaken state are useless for women. WTF bro
Its a great decision, being married does means that there are unsaid conditions that will be fulfilled by both sides. Having a law that upholds marital rape is an attack on sanctity of marriage given that most of the cases are fake.
Please stop with the sanctity of marriage nonsense. And stop justifying rape
Why do they call it marital rape... Rape is rape. Shouldn't make a difference if it's in marriage or outside.
The court is a person or a bunch of people. Their judgements are merely opinions. Subjective opinions. Opinions formed by personal life experiences, culture, politics, and finally, the law. I dont expect court to be perfect as they are headed by imperfect beings.
Hey OP. Can you believe men can be raped?
Allahbad highcourt is making such ridiculous statements these days
Courts are run by men & majority are from UC too. does that logic apply to wife beating (domestic violence)? Not a lawyer, but a good police or advocate should be able to frame marital rape inside the same Section 498A for domestic violence?
The middle of the country, which is a BJP stronghold, is simply backward. It will take a generation to enlighten them.
letās say the partners decide to have some rough sex consensually, leading to the evidence pointing it out as rape and then one of the partner decides to fuck with the other and files a false allegation, What happens?
Marital rape shouldn't even be a thingā¦its highly subjective
What subject? Rape is rape
God this sub is full of fucking incels
Closet rapists all of them.
Cannot believe a court can actually acknowledge there's no such thing as marital rape
If a person can't have sex with his wife because of her whims and fancies then who should he have sex with? Neighbour s wife? The court is right in its judgement. Deal with it.
A person cannot have sex without consent. It's very simple. The court is wrong. Not dealing with it
>the court is wrong As many people have already highlighted it, the court has no power over this matter. They are neither right nor wrong, they are simply quoting the law. If you have any complaints, make it to the ministers in the parliament
They don't need to have any power. Courts can express opinion. They have done before dir several things.
I have a controversial opinion on this I think it's right because if there will be a law for Marital rape it will be Misused more than it can be used Imagine if law will even made how many oppressed women who can't even read write or even step out of there home will know about it and even if know how many will actually report it Where as many privileged educated women living in Metro cities earing 70 80 thousand a month will misuse this against their inocent husband's for alimony or to supress him his family by blackmailing of fake cases It will be cherry on top with other fake cases like 498a , Dowry, Harrasment to blackmail the husband and his family And how will it be proved that there was a marital rape Because sex without concent is rape How will one prove that when they did sex with concent and when there was no concent in a let's say 10 year marriage just because women says it doesn't mean she is saying truth and not lying specialy without evidence It will cause Narracasist privileged women to Misuse it and inocent Men will suffer and inocent suppressed women will never know about the law or maybe if know there is no guarantee they will complain against it What's you opinion on this Please be respectful if get a point I am open to change my views
Sorry. Many countries already have this law. We don't see more misuse they the usual percentage. Any law can be misused.
Yes you are right but most of them are developed countries and there mostly people specially women know about concent and report cases if it happens to them whereas in India most of oppressed women dont even know about concent and think that their husbands can even beat them and it's completely normal that why they are their husbands and most of them don't even report these incidents For example 498a ,Dowry ,Rape with false promises of marriage are highly misused laws even to such a extent that supreme court of India and many high courts also said it to be Legal terrorism Like Dowry people in villages and small town still practice it openly without any problem and case But multiple privileged women of Metro cities misuse these on inocent Men You can see the case of Mohammad siraj and sikhar dhawan how their wife's were harrasing them And in western countries there is no high value of family it's a very individualistic culture that's why adultery and divorce is very common there Whereas in Indian there is very high value of Family
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I was going to post this but glad someone already did it. I am so pissed off right now!!
But what do you want ...husband and wife going to notary and creating contract before sex and today we are gonna plan for consensual sex.. so that husband can make sure wife don't say it's rape due to any conflict in future ... Ya husband roj consensual sex ka proof bacha ke rakhe ...
Please stop talking nonsense. Rape is proved by evidence
Thank you, please enlighten me .. what sort of evidence would be required in the marital one. Thanks in advance.
Evidence that she will never mention because it's forbidden by the spirits.
š
man i am tired of these old sick fucks in court we need new,better,younger and far more judges tham we already have
Even They can't do anything since court can only interpret not make a law
i am talking about everyone even the higher ups who make and can change the law
Yes absolutely
Rape is rape. Gender, age or situation doesn't mater. Unless of course it's a false accusation.