Professional Documents
Culture Documents
Textbook Marital Rape Consent Marriage and Social Change in Global Context 1St Edition Kersti Yllo Ebook All Chapter PDF
Textbook Marital Rape Consent Marriage and Social Change in Global Context 1St Edition Kersti Yllo Ebook All Chapter PDF
https://textbookfull.com/product/biota-grow-2c-gather-2c-cook-
loucas/
https://textbookfull.com/product/development-and-social-change-a-
global-perspective-philip-mcmichael/
https://textbookfull.com/product/love-and-marriage-across-social-
classes-in-american-cinema-1st-edition-stephen-sharot-auth/
https://textbookfull.com/product/environmental-resource-
management-and-the-nexus-approach-managing-water-soil-and-waste-
in-the-context-of-global-change-1st-edition-hiroshan-
What Predicts Divorce? : The Relationship Between
Marital Processes and Marital Outcomes 1st Edition John
Gottman
https://textbookfull.com/product/what-predicts-divorce-the-
relationship-between-marital-processes-and-marital-outcomes-1st-
edition-john-gottman/
https://textbookfull.com/product/the-abc-s-of-a-beautiful-
marriage-a-guide-to-loving-your-spouse-above-your-marital-
struggles-toyin-abiola/
https://textbookfull.com/product/male-rape-is-a-feminist-issue-
feminism-governmentality-and-male-rape-2014th-edition-cohen/
https://textbookfull.com/product/education-sustainability-and-
the-ecological-social-imaginary-connective-education-and-global-
change-jeff-buckles/
https://textbookfull.com/product/big-data-in-context-legal-
social-and-technological-insights-1st-edition-thomas-hoeren/
Marital Rape
Interpersonal Violence Series
SERIES EDITORS
Parenting by Men Who Batter: New Directions for Assessment and Intervention
Edited by Jeffrey L. Edleson and Oliver J. Williams
Childhood Victimization: Violence, Crime, and Abuse in the Lives of Young People
David Finkelhor
AND
M. GABRIELA TORRES
1
3
Oxford University Press is a department of the University of Oxford. It furthers
the University’s objective of excellence in research, scholarship, and education
by publishing worldwide. Oxford is a registered trade mark of Oxford University
Press in the UK and certain other countries.
9 8 7 6 5 4 3 2 1
Printed by Sheridan, USA
For Kai, Hillar, and David (K.Y.)
Acknowledgments xi
List of Contributors xiii
List of Abbreviations xv
Note on Sources xvii
The collaboration and innovation that is evident in this volume would not have been
possible without funding from the Wenner-Gren Foundation through their 2012
Conference and Workshop Grant.
The completion of this volume was made possible with the editorial support of
Jessica Kruger, who spent long hours managing references, formats, and other minu-
tia that we all dread to work on but may not ignore. We are so grateful for her dedica-
tion to this project.
The patient listening, sage commentary, and careful editorial work of David
Leigh Potter on many versions of this work was an invaluable contribution.
Thank you also to Patrick Rashleigh, who gracefully worked with us on drafting
the figures in this volume.
Thanks to Rebekah Howland and Barbara Curtis, who worked with us tirelessly
during the 2013 Global Perspectives on Sexual Violence in Marriage Conference
that was held at Wheaton College, Massachusetts.
This is a project borne of cross-d isciplinary collaboration that began in a class-
room. In addition to the conference support provided by Wheaton College for the
2013 Global Perspectives on Sexual Violence in Marriage Conference, our college
has also supported our project by funding the dissemination of the work at confer-
ences and awarding us a writing retreat at the Barbara Kellner Key West home. Most
important, we thank Wheaton for allowing us to teach together and thus begin a
process that has allowed us to learn deeply from each other.
At Oxford University Press, we have had the pleasure of working with incred-
ibly responsive and supportive editors. Thank you to Dana Bliss for giving us space
to think through what was at the core of our volume. Thank you also to Andrew
Dominello, an alumnus of our own institution, who is the very picture of profes-
sionalism and competence that we hope all our students will reach.
The writing companionship and support we received from Wheaton College’s
Scribbling Women has been precious to us. In particular, we want to thank Claire
Buck, Kim Miller, and Karen McCormack, who all shared valuable critical com-
ments on our book prospectus. Gabriela Torres also thanks Mary Beth Tierney-Tello
x i i A cknowledgments
and Montserrat Pérez Toribio for the many fruitful conversations they shared with
her on the nature of gender and violence.
Most important, we want to acknowledge the patience, imagination, and hard
work of the authors featured in this volume. We thank them for engaging with us
over a long collaborative review process. Thank you for staying connected with us
through travel, difference, and the regular toils and sometimes wild turns of life.
LIST OF CONTRIBUTORS
Legal sources used in the chapters in this volume are cited separately. The lists of
references cited, legal and otherwise, are the consolidated references for all the
chapters. We hope that the compilation will be a resource and facilitate further
scholarship.
Marital Rape
Prologue
Understanding Marital Rape in Global Context
KERSTI YLLÖ
Court ruled in February 2015 that marital rape was not a criminal offense. A gov-
ernment minister then told the Parliament that marital rape could not be crimi-
nalized in India as “marriages are sacrosanct” in that country (BBC News 2015).
At the most vile extreme, Boko Haram, a radical Nigerian sect, has kidnapped and
repeatedly raped hundreds of women and girls calling it “marriage.” One victim
recounts, “They choose the ones they wanted to marry. If anybody shouts, they said
they would shoot them” (Nossiter 2015). As Freedman (2013) argues, rape is a mal-
leable term. Apparently, so is marriage.
There has certainly been resistance to rape throughout human history, but it
was not until the late 20th century that rape became the object of intensive politi-
cal analysis (Freedman 2013, 271). The antirape movement that grew out of 1960s
consciousness-raising groups, as well as Susan Brownmiller’s (1975) groundbreak-
ing Against Our Will, led to dramatic rethinking about rape. At that time, marital
rape was legal in all fifty US states as well as in virtually all other countries across the
globe—yet it was not the focus of attention or activism.
Around 1980, David Finkelhor and I were studying child sexual abuse and wife
battering (respectively) at the University of New Hampshire. It occurred to us that
we had never really considered the sexual abuse of wives. Our initial review of the
literature turned up no social science research and a handful of legal articles debat-
ing the spousal exemption to rape laws. Our research project that culminated in
License to Rape: The Sexual Abuse of Wives (1985) began. Intensive interviews with
fifty women who had experienced forced sex by husbands and cohabiters began to
break the silence surrounding sexual violence in marriage. In 1982, Diana Russell
published her pioneering survey research in Rape in Marriage and established that
forced sex in marriage was indeed a widespread and significant problem in the
United States. During the next decade, marital rape was criminalized in every state,
owing to the work of feminist activists who used our research to challenge the idea
that these sexual assaults were inconsequential. While marital rape received some
attention as these changes took place, it still did not take hold as a public issue. While
child sexual abuse and date rape—a nd most recently campus sexual assault—have
generated extensive research, attention, and intervention, the only major addition
to the marital rape literature was in 1996 with Raquel Bergen’s Wife Rape. In 1999,
I wrote a piece titled “Wife Rape: A Social Problem for the 21st Century” predicting
that numerous social changes would bring the issue of rape in marriage out of the
shadows.
A few years ago, I decided to try to explore how marital rape is understood, expe-
rienced, and sanctioned globally. As a sociologist with a US focus, it was clear to
me that I was unprepared to pursue cross-cultural work alone, so I sought out my
Wheaton colleague in anthropology, Gabriela Torres. Her work on femicide and
the state in Guatemala as well as her deep understanding of anthropology’s emic
approach—a nd the power and limits of such a perspective—have been critical to
developing the nuanced understanding of violence against women cross-culturally
that is so fundamental to this volume.
At this point in the 21st century, three significant currents are bringing marital
rape into public focus globally. First, the idea that women’s rights are human rights is
no longer a radical or fringe perspective. Organizations such as the United Nations
and Amnesty International, which traditionally regarded human rights in narrowly
political terms, have moved to a more expansive understanding that acknowledges
Prologue: Understanding Marital Rape in Global Context 3
woman abuse in the private sphere as a rights violation. Important legal changes
sanctioning these violations then follow. The international human rights/women’s
rights perspective is built on an abstract Western conceptualization of individual
autonomy and liberty (although that is not to say that indigenous women have not
fought for equality and freedom within their own societies). Still, the universal
(cross-cultural) implementation of the human rights agenda is complex and sub-
ject to sometimes-contentious debate. Nevertheless, the idea that women are equal
human beings with bodily integrity is taking hold, and that change has major impli-
cations for the understanding of marriage and the nature of the sexual relationship
within it.
Second, and closely related to the change just discussed, is the global trans-
formation of marriage as an institution and a relationship. As Stephanie Coontz
(2005) and Jennifer Hirsch and Holly Wardlow (2009) explicate, the traditional
model of marriage as a contract between families for the purpose of reproduction
is shifting toward marriage as a companionate and intimate relationship world-
wide. Admittedly, this shift (and its connection to increases in female education)
is highly uneven and often resisted globally. Further, it is not always a change that
uniformly empowers women (Smith, this volume). Nevertheless, the idea that
marriage is a relationship between two people involving romantic love and sexual
intimacy validates the conceptualization of a wife as a distinct, autonomous being.
With that comes a recognition of her independent decision-making and capacity
to give or withhold consent. And, that creates a tectonic shift in the way marital
rape can be understood and the sanctions and interventions that can be brought
to bear.
The third current of change that brings marital rape to the forefront is the HIV/
AIDS pandemic. It has become clear that large numbers of married women, par-
ticularly in sub-Saharan Africa, have been infected by their husbands. Lacking the
ability to deny sex—or even ask for sex with a condom—can be life threatening
for women and their children. In its 2001 Declaration of Commitment on HIV/
AIDS, the United Nations made clear the link between women’s sexual autonomy
and AIDS prevention. The declaration committed member states to develop and
implement national strategies to
empower women to have control over and decide freely and responsibly on
matters related to their sexuality to increase their ability to protect themselves
from HIV infection; [and ensure] … reduction of their vulnerability to HIV/
AIDS through the elimination of all forms of discrimination, as well as all
forms of violence against women and girls, including harmful traditional and
customary practices, abuse, rape and other forms of sexual violence, battering
and trafficking in women and girls.1
In my view, it is telling that the United Nations arrived at such strong support for
women’s sexual autonomy as a strategy for curbing the AIDS pandemic. A woman’s
right to choose or refuse sex should be fundamental, regardless of disease conse-
quences. Nevertheless, it is clear that the AIDS pandemic gives urgency to efforts
to address rape both in and outside marriage. In this context, marital rape can be
approached as a public health problem. Prioritizing women’s health and reducing
the harm and illness that forced sex brings is a promising approach to intervention
4 P rologue : U nderstanding M arital R ape in G lobal C onte x t
family, community and socio-cultural factors” (262). These factors can be visualized
as concentric circles moving out from the personal level. Several chapters document
that the injury and harm individual women experience in very different cultural con-
texts (Guatemala, Turkey, and Vietnam, for example) have a deep commonality of
suffering and endurance. At family and community levels, however, the meanings
of marriage and consent vary enormously, from forced and arranged marriages to
widely accepted cohabitation based on individual attraction. Many of the chapters
also emphasize how the broader context of legal, political, economic structures and
cultural norms profoundly shape the experience of sexual violence. While marital
rape is the most intimate of violations, it is also the form of violence against women
that is most clearly sanctioned by the state, which specifies through laws and their
implementation what sorts of violations are condoned and even expected. These laws
crystallize cultural norms that are widely shared (although varying in their specific-
ity) that regard a wife’s body as not her own. Exploring the interconnections among
these layers of contextual factors is a central focus of this book.
A central purpose of Marital Rape: Consent, Marriage, and Social Change in Global
Context is to expand the global attention to gender-based violence to explicitly
include forced sex in marriage and other intimate relationships. This most intimate
form of violence against women has been hidden behind closed doors for too long,
and this volume presents the first in-depth consideration of marital rape globally.
A further goal of this volume is to consider the implications of this wide-ranging
research for policy and practice to more meaningfully intervene in this pervasive
form of violence and suffering.
point of view of particular cultures. Does marital rape even exist when a culture
has no term for it and no shared understanding of it? On the other hand, who con-
trols the shared understanding within patriarchy? How do power relations shape
our understandings? What is an appropriate and effective approach to intervention
in demonstrable social suffering that does not bring a missionary zeal or bear the
imprint of colonialism?
These debates bring me to the power of collaboration. Extraordinary effort to
listen and understand differing points of view—a nd learn from them—is critical
to our effort. Our goal has not been to emphasize counterpoints and identify win-
ning arguments. Rather, it has been to carefully articulate important theoretical,
empirical, and policy positions concerning marital rape and to consider points of
integration. How can sociologists and human rights advocates temper their often-
blunt assertions about the social problems and violations that they want to chal-
lenge by more carefully considering cultural contexts (without abandoning their
strong convictions)? How can anthropologists maintain their holistic cultural lens
while also taking a firmer stand against practices that may be widely accepted in
a particular culture yet cause enormous social suffering? And, how can we bridge
the often-yawning gap between scholarship, policy, and practice—especially across
disparate cultures—to begin to ameliorate this global problem?
I am so grateful to our contributors, many of whom attended the Wheaton con-
ference and committed to new directions in their research as a result of what they
shared and learned. This volume weaves together many strands of theory, research,
policy, and practice, which is not to suggest that it represents a consensus. It is my
hope that Marital Rape: Consent, Marriage, and Social Change in Global Context is a
testament to the power and promise of a growing collaboration that contributes to
the global effort to end all forms of violence against women.
Note
1. Declaration of Commitment on HIV/A IDS, G.A. Res. S-2 6/2 , U.N. Doc. A/R ES/
S-2 6/2 (Aug. 2, 2001) §§ 55, 56.
SECTION I
Language: English
CHAPTER II
Two people entered, but they were not Vicenzo and Aziz. The first
was a small, thin man with a long, sad face. He wore a somber black
oversuit. The second was a girl no older than Henry.
"Please, Joachim," the girl whispered, "don't antagonize them. Ask
about the fuel first."
Henry gaped at the girl, and his face grew hot. Since he had spent
his young life among the Moons and Asteroids, never going farther
sunward than Pallas, he had seen few girls his own age and none as
beautiful as this one. Her hair, dyed in tiger stripes of black and
yellow, was parted in the middle and, held by silver wires, extended
from the sides of her head like wings. She wore blue hose, silver fur
shorts, and a golden sweater sparkling with designs in mirror thread.
Metal-soled shoes too large for her feet slightly marred the total
effect.
"High," said the man with the sad face. "I am Joachim, Second Vice-
President of the SPRS. This is our Corresponding Secretary, Morna."
His deep voice rolled around the compartment as if the lower keys of
an orchestrana had been struck.
"Low," Ranjit responded. "I'm Ranjit, and this is Henry. Why didn't
you make an appointment? The tanks are about empty, and you may
have to wait several hours. What do you feed your atomics, water or
hydrogen? It'll be even longer if you need hydrogen. I haven't done
any electrolysis today. I wasn't expecting—Look at that girl, Henry!
I'm 107 years old, but I can still appreciate a sight like that! I don't
see how a homely fellow like you, Joachim, ever got such a luscious
girl."
"Ours is strictly a business relationship," said Morna with indignant
formality. "We do need fuel, Ranjit. We planned to refuel on Dione,
but the moon was not where Joachim thought it should be. If—"
"Later, Morna," Joachim interrupted in a hollow voice. "I have come
thirteen hundred million kilometers on a mission, and I intend to fulfill
it! I represent the SPRS. We have written to you, Ranjit, but you
have never answered."
Ranjit said, "The SPRS? Oh, yeah, you're the ones are always
sending me spacemail. It's about all I ever get, and I appreciate it. I
don't get much mail, out here, and I don't see many people. This
fellow here, Henry, was the first I'd seen in days. I saved Henry's life,
or did he tell you?"
"How wonderful!" Morna exclaimed in awe. "I've never spoken to a
Saver before! Think of it, Joachim! Ranjit saved Henry!"
"That is very nice," Joachim admitted, "but—"
"You're a hero!" Morna cried, seizing Ranjit's hands. "How does it
feel to be a Saver? It must be sublime!" She turned to Henry and
grasped his arms. "How do you feel, Henry? You must almost
worship Ranjit! Such a noble man!"
Ranjit cackled. "Look at him blush! I don't believe he's been around
girls much. Since Joachim don't have no claim on her, Henry, I'd do
some sweet talking if I was your age. I pulled Henry in on a lifeline,
or he'd be falling into the methane by now."
"Isn't that wonderful?" Morna marveled, smiling glamorously.
Joachim said, "Everyone be quiet and allow me to finish! I have
come thirteen hundred million kilometers on a mission, and I intend
to fulfill it! I am Second Vice-President of the Society for the
Preservation of the Rings of Saturn. You, Ranjit, and the people on
the other three stations in the Rings are destroying the most glorious
and inspiring feature of the Solar System! The divine pinnacle of
Creation! A miracle that may be unique in the Universe! You are
destroying the Rings of Saturn for the greedy, selfish purpose of
selling fuel to spaceships!"
"Spaceships got to have fuel," Ranjit said, "and don't talk so loud. Ice
is scarce, you know, unless you want to chase comets. One side of
Iapetus has a sheet, and Titan has some. If you go on in, you'll find a
little on some of the Moons of Jupiter, and a few of the Asteroids are
—"
Joachim said, "You are destroying the Rings of Saturn! This is the
most despicable crime in a long history of the devastation of nature
by greedy men! When you have eventually melted the last crystal of
ice and departed with your hoard, Saturn will spin desolately alone
through the night, shorn of his glorious halo that has been the solace
and inspiration of man since prehistoric times!"
"Not when they never had telescopes, it wasn't very inspiring," Ranjit
said. "I don't see why you're jumping on me, Joachim. I never
answered your letters because there wasn't nothing to say. I just
work here. You'll have to talk to the company to—"
"The Saturnine Fuel and Oxygen Company is headed by stubborn
men!" Joachim said. "They refuse to consider or answer our
demands! That is why I have come to appeal directly to the
operators of these ice-sweepers! You must immediately stop
sweeping the Rings into your tanks! You must tell your superiors that
you refuse to destroy the crowning glory of the Solar System!"
Ranjit said, "They'd just hire somebody else. I don't know as we are
destroying the Rings very fast. This was the first sweeper put in orbit
nine years ago, and I can't tell no difference in Ring B. There's an
awful lot of stuff in the Rings. Some of the balls are solid ice, but
some are just ice coated, so we melt it off and throw out the core.
Some don't have ice on it, so we throw it back. We don't use
hydroponics on the sweepers. We get plenty of oxygen when we
take off hydrogen, so we toss a lot of solid CO2 overboard, too. No,
we ain't taking as much from the Rings as you think. They'll get ionic
motors to working, one of these days, and it won't take hardly no fuel
at all."
"Nevertheless, I believe—" Joachim tried to say.
"You've got a hard hull, anyhow," Ranjit said, "coming out here telling
me to stop when you need fuel yourself. Supposing I stopped right
now. How would you get away? And what would I do? I got a bad
heart. About half of it's artificial. That's why I've been living under
zero G for fifteen years. I can't go back to Earth. The docs say more
than four-tenths G would do for me. Before I got this job, I was living
in a hulk orbiting around Titan, just waiting to pass beyond. Now I got
something useful to do and something to live for. I may last till I'm
120."
Henry, who had been stupidly smiling at Morna with too much
intensity to follow the discussion, jerked his head around and
gasped, "You, you can't stand acceleration?"
Ranjit said, "Not enough to go anywhere. I got a bad heart, a very
bad heart. About half of it's—"
Vicenzo and Aziz, spacesuited, crowded into the compartment
through the doorway in the netting. "Dis is a stickup!" Aziz
announced over a loudspeaker on the chest of his suit.
"Don't move," Vicenzo growled, scowling beneath his black bangs.
Since deadly weapons were extremely rare and difficult to obtain, the
pair had armed themselves with long, hand-made knives. Vicenzo
also carried a cumbersome rocket launcher, a remodeled lifeline
tube.
Henry said, "They're going to steal the ice-sweeper. That's why I had
to be taken aboard, so I could wreck your equipment and keep you
from reporting us or calling the other stations. The sweeper is
supposed to vanish without a trace. I'm sorry I ruined your radio,
Ranjit. I was supposed to try to keep the crew from becoming
suspicious while Vicenzo and Aziz were clinching. They're going to
move the sweeper into a Sun orbit, somewhere, and use it for a
base. They're going to hijack spaceships."
"Of all the crazy schemes!" Ranjit snorted. "You gangsters are space
happy! You're ready for the psychodocs! You can't get away with
gangstering these days! I fought your grandfathers in the Crime War.
I was in the Battle of Jupiter Orbit. We whipped you good, and nearly
wiped you out, but, ever so often, a few of you still turn up and try
silly stuff like this. Solar Government will get you!"
Vicenzo said, "Shut up, old man! Aziz, hold the girl. If the rest of you
don't behave while I'm tying you, Aziz will stab her."
"Dat'd be a awful waste," Aziz said, twisting Morna's arms behind her
back. Morna began to cry again. Teardrops floated like tiny planets.
Vicenzo pulled a long cord from his pack and lifted Joachim with one
hand. "Save the Rings," Joachim mumbled. "You are desecrating the
glory of the Solar System." Vicenzo lashed Joachim's wrists to an
overhead pipe.
Vicenzo said, "All right, Henry, you and the old man put your hands
against that pipe."
Ranjit said, "I'm 107 years old, but never in my life—"