Four Reasons why legal fraternity is not so keen on making Marital Rape as offense:-
1) Assult on woman or any use of violence against a woman is already punishable under many other laws. No need to crave out a new offense and a new branch of litigations.
2) When there may not be any eye witnesses to a Marital Rape, it will be only a word of wife against a word of husband. Too difficult for a Judge to distinguish between a genuine case and a false case.
3) Presence or Absence of injuries, neither proves a Marital Rape nor it disproves. The presence or absence of injuries can be possible in both genuine and fake cases.
4) Allegation or Accusation of Marital Rape can be made casually, but it will ruin reputation of husband even when case is found false.
Haresh Raichura 7/12/16
