Philosophy Discussion Forums | A Humans-Only Club for Open-Minded Discussion & Debate

[JackDaydream]

I agree that legal marital rape is rape.

Great. And to be clear, you also agree with me that "legal marital rape" is not consensual, correct?


With love,
Eckhart Aurelius Hughes

I definitely agree that rape is non consensual. The term rape itself implies that it is unwanted sex. What the problem may come down to is where the very legal act of marriage means an entitlement to sex on demand. This notion leaves out the negotiation between partners within the changing relationship and circumstances.

[LuckyR]

Please do stay on topic.

Please answer the question: Is so-called "legal marital rape" consensual? Yes or no?

I say no, of course it's not consensual. What say you?

I already said: "to me it's rape..." in the post you selectively quoted.

And, to be clear, that means your answer to the question is "no"; correct?

In other words, you and I both agree that "legal marital rape" is not consensual; correct?


With love,
Eckhart Aurelius Hughes

Correct.

[Anero98]

There is no legal rape, sex without consent is rape
Consent im sex is very important

[Eckhart Aurelius Hughes]

sex without consent is rape
Consent im sex is very important

I agree 100%.

There is no legal rape,

False. Marital rape was legal in parts of the USA until 1993. Martial rape is still legal in 127 countries.


You can see a dramatization of legal rape in this Instagram Reel I recently posted. Keep in mind, in the video, the rapists were acting 100% legally, and anyone who attempted to stop the rapists from raping was breaking the law.


With love,
Eckhart Aurelius Hughes

[jachim01]

Marital rape is defined as non-consensual sexual activity between married partners. The key issue in determining whether an act is considered rape hinges on the concept of consent. Rape, by definition, involves a lack of consent, which means that any sexual activity without clear and voluntary agreement from both parties constitutes rape.

The legal status of marital rape varies significantly across different jurisdictions. In some places, marital rape is criminalized, meaning that it is recognized as a form of sexual assault and is subject to legal prosecution. This reflects an understanding that consent is an essential component of all sexual activity, regardless of marital status.

In other jurisdictions, marital rape may not be explicitly criminalized, or legal protections may be less comprehensive. However, the absence of legal recognition does not change the fundamental nature of the act. From a human rights and ethical perspective, sexual activity without consent is always considered rape, regardless of the legal framework in place.

It’s important to understand that legal definitions and protections are evolving. Many jurisdictions are increasingly recognizing the importance of consent and are working to ensure that marital rape is treated with the same seriousness as other forms of sexual violence.

In summary, legal marital rape is indeed rape. It involves non-consensual sexual activity, which is fundamentally what defines rape. The legality of marital rape in different jurisdictions may affect the legal consequences, but it does not alter the fundamental nature of the act itself.

[Olithemaster1]

Well in marriage, the bond of 2 becoming 1 is fact. Can't rape yourself

[baker]

The statists claim that no matter how much the would-be victim cries and screams "No" and no matter how much she physically fights to stop the sex from occurring and begs for it to not occur, it is still consensual due to some kind of invisible "social contract" that she automatically agrees to simply by happening to be born in that country or on that planet where that government rules.

It all goes back to the basic principle ignorantia juris non excusat.
As a citizen of a country, one is automatically obligated to know its laws.

Secondly, it is taken for granted in most cultures and legal systems that by consenting to marry a person, one also automatically consents to engage in sex with that person, and as such, all sex in marriage is automatically consensual.

It seems like blatantly absurd nonsense to me.

The key difference is between what is legally defensible and what is morally defensible.

What is legally defensible depends on the particular laws in a particular jurisdiction. Those laws are whatever they are, one cannot just pick and choose from them, or consider oneself above them or free to ignore them, as long as one is subject to said jurisdiction.

Marriage is technically a legal contract, and works by princples of contractual law. But the problem with marriage is that the specifics of the contract are often not worked out in detail (neither by the spouses nor in the abstract by the law), which means that disputes must be settled by reference to general principles of the marriage contract, which then easily leads to the problems that prompted this OP.

[baker]

You can see a dramatization of legal rape in this Instagram Reel I recently posted. Keep in mind, in the video, the rapists were acting 100% legally, and anyone who attempted to stop the rapists from raping was breaking the law.

Many people forget that being a citizen of a country comes not just with rights and privileges, but also with costs and obligations.

[Eckhart Aurelius Hughes]

Please answer the question: Is so-called "legal marital rape" consensual? Yes or no?

I say no, of course it's not consensual. What say you?

the answer to the above question and your other recent similar one about Jews in Nazi Germany, is Yes.

To be clear, you are saying your answer to the question is yes; correct?

it is taken for granted in most cultures and legal systems that by consenting to marry a person, one also automatically consents to engage in sex with that person, and as such, all sex in marriage is automatically consensual.

[...]

Marriage is technically a legal contract, and works by princples of contractual law.

[...]

Many people forget that being a citizen of a country comes not just with rights and privileges, but also with costs and obligations.

Hi, baker,

Thank you for your elaborations on your thought process that presumably are meant do support your answer whatever that answer is, but you didn't directly answer the yes/no question with a direct answer (i.e. a yes or no). Please do answer the yes/no question that I have repeatedly asked you:

Is so-called "legal marital rape" consensual? Yes or no?



With love,
Eckhart Aurelius

[Lagayascienza]

If sex is non-consensual then it is rape whatever a country's legal code might say. In most Western nations rape in marriage is illegal. This means that if a man rapes his wife he is guilty of a crime. The fact that the couple are married is irrelevant. In places like Afganistan a man may legally rape his wife. But I regard it as rape nonetheless, and law that allows rape in marriage is bad law IMO.

[Eckhart Aurelius Hughes]

If sex is non-consensual then it is rape whatever a country's legal code might say.

Yes, as I use the terms, that is absolutely true, a priori, meaning true by definition.

In places like Afganistan a man may legally rape his wife. But I regard it as rape nonetheless, and law that allows rape in marriage is bad law IMO.

I agree 100%.

Nonetheless, it's worth noting that it is not limited to just places like Afghanistan.

In fact, marital rape is legal in 127 countries. There are 193 countries in the world (according to the UN). That means marital rape is legal in 68% of countries. That is over 2/3rds of countries. The countries where it is legal outweigh the countries where it is illegal 2:1.

[Kurumy]

If sex is non-consensual then it is rape whatever a country's legal code might say.

Yes, as I use the terms, that is absolutely true, a priori, meaning true by definition.

In places like Afganistan a man may legally rape his wife. But I regard it as rape nonetheless, and law that allows rape in marriage is bad law IMO.

I agree 100%.

Nonetheless, it's worth noting that it is not limited to just places like Afghanistan.

In fact, marital rape is legal in 127 countries. There are 193 countries in the world (according to the UN). That means marital rape is legal in 68% of countries. That is over 2/3rds of countries. The countries where it is legal outweigh the countries where it is illegal 2:1.

Absolutely agree—if sex is non-consensual, it’s rape, no matter the legal status. Even if some countries still allow it, that doesn’t change the fundamental issue. Consent is key, and it’s a human rights issue that needs addressing everywhere.

[Eckhart Aurelius Hughes]

If sex is non-consensual then it is rape whatever a country's legal code might say.

Yes, as I use the terms, that is absolutely true, a priori, meaning true by definition.

In places like Afganistan a man may legally rape his wife. But I regard it as rape nonetheless, and law that allows rape in marriage is bad law IMO.

I agree 100%.

Nonetheless, it's worth noting that it is not limited to just places like Afghanistan.

In fact, marital rape is legal in 127 countries. There are 193 countries in the world (according to the UN). That means marital rape is legal in 68% of countries. That is over 2/3rds of countries. The countries where it is legal outweigh the countries where it is illegal 2:1.

Absolutely agree—if sex is non-consensual, it’s rape, no matter the legal status. Even if some countries still allow it, that doesn’t change the fundamental issue. Consent is key, and it’s a human rights issue that needs addressing everywhere.

I agree 100%.


With love,
Eckhart Aurelius Hughes

[Great23]

In every partnership, there are terms and conditions to which both parties must agree to and sign. It is also the duty of both parties to reach an agreement to breach the initial agreement should a party not be in the position to execute theirs. Otherwise, consequences apply, and in the case of marriage, that is not rape.

[Eckhart Aurelius Hughes]

Hi, Great23,

Thank you for your reply.

In every partnership, there are terms and conditions to which both parties must agree to and sign. It is also the duty of both parties to reach an agreement to breach the initial agreement should a party not be in the position to execute theirs. Otherwise, consequences apply, and in the case of marriage, that is not rape.

So, to be clear, you are saying that you think so-called "legal marital rape" is actually consensual and thus is not rape. Is that correct?

If so, then what about this (prima nocta)? Do you consider that to be consensual too?


With love,
Eckhart Aurelius Hughes