See Article History Domestic violence, social and legal concept that, in the broadest sense, refers to any abuse—including physical, emotional, sexual, or financial—between intimate partners, often living in the same household. The term is often used specifically to designate physical assaults upon women by their male partners, but, though rarer, the victim may be a male abused by his female partner, and the term may also be used regarding abuse of both women and men by same-sex partners. Estimated annual figures for the number of women in the United States who are subjected to abuse by a male partner range from two to four million. Additional statistics indicate that domestic violence ranks as the leading cause of injury to women from age 15 to 44 and that one-third of the American women murdered in any given year are killed by current or former boyfriends or husbands.
History of rape One of the origins of the concept of a marital exemption from rape laws a rule that a husband cannot be charged with the rape of his wife is the idea that by marriage a woman gives irrevocable consent for her husband to have sex with her any time he demands it.
Also, American and English law subscribed until the 20th century to the system of coverturethat is, a legal doctrine under which, upon marriage, a woman's legal rights were subsumed by those of her husband.
FeenstraU. Marriage was traditionally understood as an institution where a husband had control over his wife's life; control over her sexuality was only a part of the greater control that he had in all other areas concerning her.
A husband's control over his wife's body could also be seen in the way adultery between a wife and another man was constructed; for example inEnglish Lord Chief Justice John Holt described the act of a man having sexual relations with another man's wife as "the highest invasion of property".
Rape as a crime was constructed as a property crime against a father or husband not as a crime against the woman's right to self-determination.
The property to be withheld in a female was her virginity; this was the commodity Bergen, Following this line of logic, a woman was and still is in many cultures across the globe first the property of her father, then, upon marriage, the property of her husband Bergen, Therefore, a man could not be prosecuted for raping his own wife because she was his possession Schelong, However, if another man raped someone's wife, this was essentially stealing property a women's sexuality Bergen, In English customs, "bride capture" a man claiming a woman through rape was thought to be stealing a father's property by raping his daughter.
Therefore, rape laws were created to "…protect the property interests men had in their women, not to protect women themselves" Schelong, This concept of women as property permeates current marital rape ideology and laws throughout the globe.
Following this logic, if consent is not part of marriage, then it is not necessary for intercourse. The autonomy of the wife is also often compromised in cultures where bride price is paid. Under customary law in certain parts of Africa, forced sex in marriage was not prohibited, although some specific circumstances, such as during advanced pregnancy, immediately after childbirth, during menstruation, or during mourning for a deceased close relative, were recognized as giving the wife the right to refuse sex.
This can be seen in English common lawin force in North America and the British Commonwealthwhere the very concept of marital rape was treated as an impossibility. Rape in English law Sir Matthew Hale's statement in History of the Pleas of the Crown did not cite any legal precedent though it likely relied on earlier standards.
In a case of Lord Audley's —for instance, his citation of the jurist Bracton c. Marriage created conjugal rights between spouses, and marriage could not be annulled except by a private Act of Parliament—it therefore follows that a spouse could not revoke conjugal rights from the marriage, and therefore there could be no rape between spouses.
The principle was framed as an exemption to the law of rape in an English courtroom in R v Clarence,  but it was not overturned until by the House of Lords in the case of R. R in where it was described as an anachronistic and offensive legal fiction. Feminist critique in the 19th century[ edit ] From the beginnings of the 19th century feminist movementactivists challenged the presumed right of men to engage in forced or coerced sex with their wives.
In the United States"the nineteenth-century woman's rights movement fought against a husband's right to control marital intercourse in a campaign that was remarkably developed, prolific, and insistent, given nineteenth-century taboos against the public mention of sex or sexuality.
Gove Nichols, joined a critique of marital rape to advocate women's autonomy and sexual pleasure. De Cleyre defended Harman in a well-known article, "Sexual Slavery. He wrote "Marriage is for woman the commonest mode of livelihood, and the total amount of undesired sex endured by women is probably greater in marriage than in prostitution.
Feminists worked systematically since the s to overturn the marital rape exemption and criminalize marital rape. This establishes marital rape as a human rights violation.
The importance of the right to self sexual determination of women is increasingly being recognized as crucial to women's rights.SOCIAL ISSUE REPORT: SEPTEMBER | 2 In the s and s, second wave feminism and the Battered Women’s Movement brought domestic violence into the public.
May 15, · Domestic violence against women has been identified as a public health priority.
Public health personnel can play a vital role in addressing this issue. Since violence against women is both a consequence and a cause of gender inequality, primary prevention programs that address gender inequality and tackle the root causes of .
85 percent of domestic violence victims are women.1 Although violence is manifested differently, women of all ages, nationalities, economic classes, and ethnic groups are affected.
2 For more on the scope of the issue, see page 2. When women are organised within broader political institutions, ‘women’s issues’ such as violence against women or equal pay are commonly perceived as being of importance ‘only’ to women, and arguing for the relevance of their concerns in relation to a defined set of priorities is made much more difficult.”.
Apr 04, · When speaking about “violence against women and girls,” it is important to remember that this issue involves both men and women and requires a holistic approach. The overwhelming majority of violence is perpetrated by men, and addressing male perpetration is a critical part of addressing VAWG.
Definition: Domestic violence involves violence or abuse by one person against another in a familial or intimate relationship.
Domestic violence is most commonly thought of as intimate partner violence, but can also include violence or abuse from a family member.