Marital Rape in Nepal

Marital rape is the act of forceful sexual intercourse with one’s spouse without the consent of the other spouse.

Marital rape in Nepal is penalized under the 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 of Meera Dhungana vs. HMG, NKP 2058. In this, the Supreme Court declared “marital rape as a punishable crime and issued a directive order to the Justice and Parliament to formulate just legal provisions for marital rape.”

Rape within existed marital relationship of spouse is marital rape. 

Situations where marital relationship do not exist:

Complaint of Marital Rape to be filed within a year (1 year) of commission of the crime by either spouse.

The victim has one year to bring his/her accusation (FIR) of marital rape to the police and the prosecutor. This crime is very challenging to collect evidence, and argue in the court. Victim’s statement and allegation is only evidence to adjudicate the case.

Imprisonment for a term not exceeding 5 years.

Prosecution has to prove marital rape beyond a reasonable doubt, like any other criminal case. In sexual offences, a prosecutor has to prove that there was no consent for the sexual acts in question. In a 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, the testimony of the victim plays an important role as evidence in the cases of marital rape in Nepal.

Also, victims do not have refugee homes to stay here in Nepal, so they might suffer from mental and physical torture from their husband’s family for filing marital cases.

Many marital rape cases can arise if misused, to hide their cheating or if a marriage is failing, a marital rape allegation can be the good excuse or revenge. Victims do not have reform homes to stay here in Nepal so they suffer from mental and physical torture from husband’s family for filing marital cases. Thus, a strong defense is what is required on the allegation of the victim.  Detection and cross-examination on element consent between spouses, witness testimony, DNA test, gaps in allegation stories of either spouses will make a strong defense on such cases.

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