Marital Rape in Nepal
A married woman has right and control over their body like any other individual and married women are surely not commodities to be treated in the way their master wants. Marital Rape is a crime and women shouldn’t be taken as a marital duty to suffer and tolerate such an inhuman act.
What is Marital Rape?
Marital rape is the act of forceful sexual intercourse with one’s spouse without the consent of another spouse.
Legal status of marital Rape in Nepal:
Marital rape in Nepal is penalized under law. Muluki Criminal Code, 2074; Section 219 sub-section (1,4,5) penalize marital rape in Nepal.
The notion of marital rape in Nepal came from the precedent established in the case; Meera Dhungana vs. HMG, NKP 2058. In this the Supreme Court declared “marital rape as punishable crime and issued a directive order to Justice and Parliament to formulate just legal provisions for marital rape.”
Situation for Marital Rape in Nepal:
Situations where marital relationship do not exist:
Statute of Limitation for Marital Rape in Nepal:
Complaint of Marital Rape to be filed within a year (1 year) of commission of crime by either spouse.
Victim has one year of time to bring his/her accusation (FIR) of marital rape to police and prosecutor. This crime is very challenging to collect evidences, and argue in the court. Victim’s statement and allegation is only evidence to adjudicate the case.
Court procedures in marital rape cases in Nepal:
Penalty for marital rape cases in Nepal:
Imprisonment for a term not exceeding 5 years.
Interim orders to the husband by courts to be given for:
Proving a case of Marital Rape in Nepal:
Prosecution has to prove marital rape beyond reasonable doubt like any other criminal cases. In sexual offences, a prosecutor has to prove that there was no consent for the sexual acts in question. In marital rape case, it will be difficult for the prosecutor to prove the case, since the sexual intercourse between marital partners is expected. Having said that, testimony of victim plays the role as important evidence in the cases of marital rape in Nepal. Also, victim do not have reforms homes to stay here in Nepal so more they might suffer from mental and physical torture from husband’s family for filing marital cases.
Defense in Case of Marital Rape in Nepal:
Many marital rape cases can rise if misused, to hide their cheating or if marriage is being failing marital rape allegation can be the good excuse or revenge. Victim do not have reforms homes to stay here in Nepal so they suffer from mental and physical torture from husband’s family for filing marital cases. Thus, strong defense is what required on the allegation of victim. Detection and cross-examination on element consent between spouses, witness testimony, DNA test, gaps in allegation stories of either spouses will make strong defense on such cases.
Sex crime defense lawyers’ team of Lawin and Partners in Nepal will help to navigate these allegations, set-up meetings with us. Do connect us on +9779841933745 or email at info@lawinpartners.com
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