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The current applicability in many countries of rape laws to spouses is currently unclear, since in many countries the laws have not been recently tested in court. January There have been many problems with prosecuting the perpetrators of spousal rape, chief amongst them has been the reluctance of the various legal systems to recognize it as a crime at all. The law does not deny spousal rape, but no court has ever ruled on such a case, except in situations of marital breakdown i. Bulgaria []. In Spain , the Supreme Court ruled in that sex within marriage must be consensual and that sexuality in marriage must be understood in light of the principle of the freedom to make one's own decisions with respect to sexual activity; in doing so it upheld the conviction of a man who had been found guilty of raping his wife by a lower court.
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Posner writes that, "Traditionally, rape was the offense of depriving a father or husband of a valuable asset — his wife's chastity or his daughter's virginity". This article is about rape within marriage. An example of such a place is Ethiopia. Another example is South Sudan , where the law states: "Sexual intercourse by a married couple is not rape, within the meaning of this section". One opponent of the law was legal scholar Taweekiet Meenakanit who voiced his opposition to the legal reforms. The law criminalizes rape but not spousal rape and permits a maximum sentence of life imprisonment if the victim dies. Arch Sex Behav : —
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