Relationships
Living with the Rapist
In Pakistan, marital rape remains a private crime, which is not subject to public scrutiny even though the law states otherwise.

“I just want to sleep. A coma would be nice. Or amnesia. Anything, just to get rid of this, these thoughts whisper in my mind. Did he rape my head, too?”
This extract from Laurie Anderson’s book ‘Speak,’ is merely a tiny tip of the iceberg. While women continue to be raped, many societies continue to remain in the slumber of ignorance. Before we barge into the malady of marital rape, it is paramount that we travel back in history to get a better grip on how past events have shaped our present societies.
Famous American author Naomi Wolf writes, ‘The law states that ‘beauty provokes harassment,’ but it only looks through men’s eyes when deciding what provokes it.’ Wolf summarizes the idea of patriarchy so elegantly, which literally means ‘the rule of the father.’ It paints a canvas where the world is perceived, sustained, and expanded only by the fathers. Fredrick Engels traced the idea of patriarchy to the emergence of private property when societies transitioned from communal systems to private property systems, power dynamics shifted, and class-based societies came into being where men became the property owners, and women were destined to a life of humiliation and servility. These systems were truly catalyzed by the Industrial Revolution, where capitalism, private property, and patriarchy created a vicious nexus for women.
In all of it, marriage became a tool to further establish patriarchy, as it was just another means of obtaining private property that would provide service for life. The marriage did not only legally subsume a woman’s identity but also created a male-headed household where a woman was essentially treated as an enslaved person. Early rape laws considered rape as a property assault, and it was not considered a crime against the woman but male members of his family. With this in mind, the denial of many Eastern cultures and early Western cultures to even admit marital rape as a crime makes a lot of filthy sense. Juror Matthew Hale, one of the most influential legal authors of the 17th century, addressed the idea of marital rape and declared that once a woman gets married, she ipso facto gives consent to her husband for life, and therefore, marital rape becomes an oxymoron as wife becomes the sexual property of her husband.
Even today, these notions strongly underline most cultures all around the world because control of women’s bodies through marriage is a foundational facet of patriarchy. While Western societies like the US, the UK, and Australia may have criminalized marital rape and have taken social strides in addressing this dilemma with a strong legislative framework but they are still patriarchal in nature. On the other hand, Eastern societies like Pakistan, India, China, and the Arab world have lagged considerably as they have failed to even admit marital rape as a crime. Although there exist strong laws to criminalize rape, the word marital rape remains elusive in the legislative volumes of Eastern societies. It paints a very grim picture because the social structures of these cultures are heavily predicated on marriages, and if marital rape is not addressed, gender-based violence will continue to rise exponentially. Most of these tragedies will not even be recorded in the statistics.
According to the National Family Health Survey (2019-21) conducted in India, “Among married women aged 18-49 who have ever experienced sexual violence, 83 per cent report their current husband and 13 per cent report a former husband as perpetrator.”. Section 375 of the Indian Penal Code legalizes marital rape in India as it lists marital rape as an exception to the crime of rape. It stated, ‘sexual intercourse or sexual acts by a man with his wife, the wife not being under fifteen years of age, is not rape.’ But, it was amended to align with the child abuse laws, and it now reads ‘‘sexual intercourse or sexual acts by a man with his wife, the wife not being under eighteen years of age, is not rape”.
All-China Women’s Federation and National Statistical Bureau study in 2010 found that 24.7 percent of Chinese women experience domestic violence in their lifetime. Legislation of the 2016 Domestic Violence Law was hailed as a great breakthrough by Chinese women’s rights activists. Still, it only identifies marital rape as a civil infraction and not a crime which makes it largely ineffective. As a result, China is still among the handful of countries where marital rape is legal.
Pakistan fares better in terms of legislation as the Pakistan Penal Code, in Section 375, provides the comprehensive definition of rape that reads a man is said to commit rape who has sexual intercourse with a woman under circumstances falling under the five descriptions and the first two read ‘Against her will’ and ‘Without her consent.’ Although it does not mention marital rape per se, it does criminalize marital rape indirectly. However, there is not much to celebrate as no significant strides are taken to enforce it on the social fabric. Therefore, marital rape remains a private crime in Pakistan, which is not subject to public scrutiny even though the law states otherwise.
The docility and despair around marital rape in Pakistan are underlined by Zakar and Krämer, who carried out research regarding women’s coping strategies against spousal violence in Pakistan. They found that most women going through spousal violence opted for emotion-focused strategies, especially spiritual therapies, to cope with the trauma and get some psychosocial solace. On the other hand, very few women opted for problem-focused strategies like getting help from formal legal institutions due to the sword of divorce hanging over them.
The idea of a woman choosing to be repeatedly abused rather than getting help and breaking off the relationship not only lays bare the meekness of the legal system but also reflects the patriarchal stronghold in Pakistani society, which uses financial dependence, religious distortion, and dilapidated social structures to oppress women in the worst way possible. Like getting raped is not a heinous enough crime already, and we, as a society, are forcing women to live with their rapists. It stands as nothing but a tragic reminder of the terrible potential a man has for violence and inhumanity.![]()

The writer is a development studies graduate, a passionate teacher and loves to write on social issues. He can be reached at atif.ilyas@hotmail.com
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