Does marital rape exist ? How is "unnatural sex" defined ?

[raniraja]

Here is a different view on "marital rape" and "unnatural sex", straight from a High Court !!

While marital rape not a crime, wife can book husband for unnatural sex: Gujarat High Court

dna Correspondent

Updated: Apr 3, 2018, 09:41 AM IST

Non-consensual sexual intercourse with wife is not rape but forcing her to perform oral or unnatural sex amounts to cruelty, the Gujarat High Court ruled on Monday.

Justice JB Pardiwala's ruling came in connection with a petition filed by a doctor who approached the court to get an FIR filed against him by his wife quashed.

The court observed that a husband cannot be prosecuted for the offence of rape at the instance of his wife due to exception II in Section 375 of the IPC.

It should be noted that the exception provides that sexual intercourse by a man with his own wife (when she is above the age of 18 years) is not rape.

The court also observed that the wife can initiate proceedings against the husband for unnatural sex under section 377 of the IPC as consent is not a determining criterion in the case of unnatural offence.

The court also sought investigation under sections for outraging the modesty of the wife (section 354) though that offence was not made out in the original FIR filed with the Idar Police Station in Sabarkantha district.

A lady doctor had filed an FIR with the Idar police, accusing her husband of rape, unnatural sex and dowry harassment, following which the husband moved the court to quash the FIR.

The court, however, refused to quash the dowry complaint against the husband stating that a prima facie case was made out. It also directed the DSP of Himmatnagar to monitor the investigation and to look into the grievance of the victim that the FIR was not written as per what was actually stated by the victim (the wife).

The court apart from quashing the sections of rape in the FIR also quashed the FIR against the parents of the accused doctor.

Letting off the parents, the court observed that as usual in a dispute between the husband and wife, the parents of the husband have also been dragged into the prosecution.

It also rejected the wife's request that the case be investigated by the state CID crime or CBI.

THE CASE

A lady doctor had filed an FIR with the Idar police, accusing her husband of rape, unnatural sex and dowry harassment, following which the husband moved the court to quash the FIR
http://www.dnaindia.com/ahmedabad/re...-court-2600497

Sure, there is a law against sodomy somewhere in IPC, but is fellatio / cunnilingus also considered "unnatural sex" by our law ?? I wonder whether the court referred to both when passing this judgement.

[sarv_shaktimaan]

will the judge will star in a porn movie to exhibit true natural sex?

[Aashika]

whats up with all these rape questions????

[raniraja]

Originally Posted by Aashika

whats up with all these rape questions????

It's a hot topic these days, and something different from the political stuff

It's going to make to the 9pm discussions soon, I guess.

Men’s NGO opposes plea in Delhi High Court seeking to make marital rape an offence


I guess it's not going away soon.

[sgars]

Example of unnatural sex

Originally Posted by sgars

[raniraja]

What if the "unnatural sex" was voluntarily performed/demanded by the partner ?? What if it was mutually performed ?? Will both the sides be punished ?

[sarv_shaktimaan]

Originally Posted by raniraja

What if the "unnatural sex" was voluntarily performed/demanded by the partner ?? What if it was mutually performed ?? Will both the sides be punished ?

If it's voluntary who will complain? The court comes into picture as adjudicator when there's a matter to settle.

[raniraja]

Originally Posted by sarv_shaktimaan

If it's voluntary who will complain? The court comes into picture as adjudicator when there's a matter to settle.

The complaints don't come in happy times, only at the time of the split

[sarv_shaktimaan]

Originally Posted by raniraja

The complaints don't come in happy times, only at the time of the split

One feels the need for a time limit for reporting crime, I mean look at Jeetender case.

[raniraja]

Originally Posted by sarv_shaktimaan

One feels the need for a time limit for reporting crime, I mean look at Jeetender case.

There is a statute of limitations in almost every jurisprudence, for almost every crime. I think beyond that, reporting a crime should also be counted as a crime - for keeping the crime hidden.

If the wife thought that her spouse was asking for unnatural sex, why not complain about it to the legal authorities ? Being compliant tatamounts to being an accomplice. All the transgressions get counted when it comes to divorce, and always the other party is the guilty one.